Page 238
MEDICAL SERVICES POLICY MANUAL,SECTION F
F 100 Non Financial Eligibility Requirements
DDS To be determined an individual with a developmental disability, DDS will administer a comprehensive Diagnosis and Evaluation. Intermediate Care Facility for Individuals with IntellectualDisabilities (ICF/IID) eligibility is determinedbased on a schedule according to the individual’s age. DDS will develop an individualized plan of care which will be reviewed within sixmonths of the initial assessment and, again, prior to twelve (12) months from admission to the program. Thereafter, DDS Plan of Care reviews will be completed annually.
F-156 Incapacitation MS Manual 07/01/20 A person is presumed to possess legal capacity unless declared incapacitated by a probate court. Arkansas Statutes define a person as “incapacitated” when by reason of minority or of impairment due to a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, he is lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his health or safety or to manage his estate. Whenever a person is incapable of caring for himself or his property, a need for a guardian is indicated. A guardian of the estate may be appointed if the person is incapable of managing property, money or his legal affairs. Guardianship of the person is indicated if the person is incapable of taking care of his person. Normally, the question of incapacitation will not be considered in an eligibility determination. If a person has been adjudicated incapacitated and has had a guardian appointed for him, it will be necessary for the guardian to make application for benefits since the individual does not have that legal power. If a person’s incapacitationhas not been determined, it will not be considered in an eligibility determination as long as the person is able to make hiswantsor application known. If a person has excess resources and a claim is made that his resources are not available due to incapacitation, it will be the responsibility of the person alleging the incapacitation to furnish proof of the incapacitation and to find a person able and willing to serve as guardian of the person and/or estate. The person alleging the incapacitation will be required to provide a medical affidavit attesting to the incapacitation of the individual.