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UNOFFICIAL 1720.1-13 (4) A non-returning plan or termination of the health plan’s contract or the start of a new contract; (5) Mutual agreement by the participating health plans involved, the individual and the department; (6) Violations by a participating health plan specified in chapter 17-1735.2; (7) Change in foster placement if necessary for the best interest of the child; (8) The individual selects a health plan that is not capped during the annual plan change period; (9) The individual’s PCP or long-term care residential facility is not in the health plan’s provider network and is in the provider network of a different health plan, provided the health plan is not at its maximum enrollment; (10) The individual is eligible to receive HCBS or personal assistance services level I and is enrolled in a health plan with a waiting list for HCBS or personal assistance services level I and the other health plan does not have a waiting list for the necessary service(s); (11) The participating health plan’s refusal, because of moral or religious objections, to cover the service the individual seeks as allowed for in the contract with health plan; (12) The individual’s need for related services (e.g., a cesarean section and a tubal ligation) to be performed at the same time and not all related services are available within the network and the individual’s primary care physician or another provider determines that receiving the services separately would subject the individual to unnecessary risk;