Informed choice for target population members

The department will work with public and private entities in identifying target population members in order to inform them about home and community-based service options. A public or private entity may not require target population members and their guardians or legal representatives to consent to the referral or sign a release of information before a referral is made. However, target population members and their guardians or legal representatives may refuse to participate in the informed choice process. The target population is comprised of: 1. Individuals with physical disabilities who are at serious risk of entering nursing facilities to access Medicaid-funded long-term care composed of individuals with physical disabilities who: a. Have been referred for a level of care determination screening to access nursing facility services and are likely to require long-term services and supports; b. Need services to continue living in the community, have impairments that make them likely to screen at a nursing facility level of care, and have been determined eligible for service payments for the elderly and disabled with less than twenty-five thousand dollars in assets; or c. Need home and community-based services to continue living in the community and currently have a case management provider or have contacted the North Dakota aging and disability resource link; and 2. Individuals with physical disabilities who: a. Are receiving Medicaid-funded nursing facility services and are likely to require long-term services and supports; or b. Are receiving nursing facility services, are likely to become eligible for Medicaid within ninety days, have submitted a Medicaid application, and seeking approval for a long-term nursing facility stay.