§ 8726 — Application for services; rules

(a) The Department shall adopt rules that include the following:
(1) Criteria for determining whether an applicant is a person with a developmental disability.
(2) A format and procedures, for processing applications for services, including time frames, emergency procedures, and notice of determination.
(3) Procedures and time frames for periodic reviews of a person’s eligibility and continuing need for services.
(4) Standards and procedures for billing.
(5) Complaints and appeals, including notice as required in section 8727 of this title.
(b) The Department shall adopt rules that include the following:
(1) Certification standards and procedures for programs for people with developmental disabilities.
(2) Training standards for staff.
(3) Standards for training and supervision of personnel who perform special care procedures.
(c) Any person with a developmental disability or a family of a person with a disability shall be provided with:
(1) Timely information and referral to community and governmental resources.
(2) An opportunity to request services.
(3) Upon request, an assessment of the most appropriate supports and resources for their needs and choices.
(4) Services and funding within the Department’s available resources in accordance with both the system of care plan and the person’s or family’s written plan of service.
(d) Any person with a developmental disability or a family who is receiving services on July 1, 1996, shall continue to receive services consistent with their needs and the system of care plan. (Added 1995, No. 174 (Adj. Sess.), § 1; amended 2023, No. 6, § 213, eff. July 1, 2023.)