§ 67.09 Medicaid home and community based services eligibility for

dependents of certain military service members.

(a) A dependent of a member of the armed forces of the United States
or the organized militia of the state, who is a legal resident of this
state, having previously been determined to be eligible for
developmental disability services provided by the office for people with
developmental disabilities (OPWDD), including waiver services provided
under the home and community based services programs authorized under
Section 1915(c) of the Social Security Act, shall retain eligibility for
those developmental disability services as long as he or she remains a
legal resident of the state, regardless of having left the state due to
the service member's military assignment outside the state, and as long
as he or she is otherwise eligible for such services.

(b) For dependents who received developmental disability services and
who left the state due to the military service member's military
assignment outside the state, upon the dependent's return to the state
and when a request for services is made OPWDD shall:

(1) determine the dependent's eligibility for services, which may
include a request for waiver services provided under the home and
community based services programs authorized under Section 1915(c) of
the Social Security Act;

(2) provide to the dependent notification of the determination of
eligibility for services, which includes notification of a denial of
services if applicable;

(3) provide the dependent an opportunity to contest OPWDD's
determination through the appeals process established by OPWDD; and

(4) resume services if the individual remains eligible.

(c) As a condition of continued eligibility for services under
subdivision (a) of this section, a depended must inform OPWDD of their
current address and provide updates as requested by OPWDD.

(d) No payment pursuant to this section shall be made for home and
community based services provided outside the State of New York.

(e) For purposes of this section, "dependent" shall be defined
consistent with the federal tax code.