W. Va. Code R. § 198-1-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 198-1-5 - Program
5.1. Application for Services. To apply for personal assistance services, a person shall submit an application to the Board. The Board shall make a preliminary eligibility determination based upon the program requirements for eligibility contained in W. Va. Code 18-10L-4(a). Once this preliminary assessment is made, the Board shall schedule a functional assessment of the applicant with a Board approved provider within 30 days unless there are no unobligated funds available.
5.1.a. The Board-approved provider shall provide the Board a copy of the functional assessment within seven (7) calendar days of the assessment.
5.2. Once the functional assessment is obtained, the Board shall review the application.
5.2.a. The Board shall review applications within 30 days of the functional assessment, unless there are no unobligated funds available.
5.2.b. If there are no unobligated funds available, the Board shall review applications at the next regularly scheduled meeting of the Board.
5.3. The Board shall review applications using the following priorities:
5.3.a. To provide services to a person who would be placed in an institutional setting not of his or her choice if he or she did not receive services under this program;
5.3.b. To provide services to a person who would be able to leave an institutional setting and live in his or her own community in a setting of his or her own choice if he or she received services under this program; and
5.3.c. To award money for services under this program to all other applicants on a first come, first served basis.
5.4. Once a person is determined eligible for services, the Board shall contact the recipient of services in writing. The written notification shall include:
5.4.a. The number of hours the person is eligible to receive personal assistance services based on the functional assessment and the availability of funds;
5.4.b. The approved start date for these services;
5.4.c. Any training the recipient may need in order to manage a personal assistant; and
5.4.d. The rate at which the recipient is to be reimbursed.
5.5. The recipient shall agree to apply for and accept personal assistance services from Medicaid, if determined eligible.
5.5.a. A recipient remains eligible for services under this program until he or she begins receiving services from Medicaid.
5.6. If there are no unobligated funds available, the Board shall establish a waiting list of those persons eligible for services.

W. Va. Code R. § 198-1-5