SECTION 317:35-23-2. Eligibility criteria

(a)   Adults with disabilities or long-term illnesses, members with intellectual disabilities and members with physical disabilities are eligible to transition into the community through the Living Choice program if they meet all of the criteria in paragraphs (1) through (7) of this subsection.

(1)   He/she must be at least nineteen (19) years of age.

(2)   He/she must reside in a nursing facility or public Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID) for at least ninety (90) consecutive days prior to the proposed transition date. If any portion of the ninety (90) days includes time in a skilled nursing facility, those days cannot be counted toward the ninety (90) day requirement, if the member received Medicare post-hospital extended care rehabilitative services.

(3)   He/she must have at least one (1) day of Medicaid paid long-term care services prior to transition.

(4)   If transitioning from an out of state institution, he/she must be SoonerCare eligible.

(5)   He/she requires at least the same level of care that necessitated admission to the institution.

(6)   He/she must reside in a qualified residence after leaving the institution. A qualified residence is defined in (A) through (C) of this paragraph.

(A)   a home owned or leased by the individual or the individual's family member;

(B)   an apartment with an individual lease, with a locking entrance/exit, and which includes living, sleeping, bathing, and cooking areas over which the individual or the individual's family has domain and control; and

(C)   a residence, in a community-based residential setting, in which no more than four (4) unrelated individuals reside.

(7)   His/her needs can be met by the Living Choice program while living in the community.

(8)   He/she must not be a resident of a nursing facility or ICF/IID in lieu of incarceration.

(b)   Youth ages sixteen (16) through eighteen (18) are eligible to transition back into the community from a psychiatric residential treatment facility (PRTF) through the Living Choice program if they meet the following criteria:

(1)   Have been in a PRTF facility for ninety (90) or more days during an episode of care; and

(2)   Meet Level 3 criteria on the Individual Client Assessment Record; or

(3)   Meet the criteria for Serious Emotional Disturbance as defined in OAC 317:30-5-240.1; or

(4)   Show critical impairment on a caregiver rated Ohio Scales (score of 25 and above on the Problems Subscale or a score of 44 and below on the Functioning Subscales).

[Source: Added at 26 Ok Reg 266, eff 12-1-08 (emergency); Added at 26 Ok Reg 1076, eff 5-11-09; Amended at 28 Ok Reg 273, eff 11-15-10 (emergency); Amended at 28 Ok Reg 1549, eff 6-25-11; Amended at 29 Ok Reg 1193, eff 6-25-12; Amended at 35 Ok Reg 10, eff 8-10-17 (emergency); Amended at 35 Ok Reg 1500, eff 9-14-18]