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§17-1720-18 §§17-1720-15 to 17-1720-17 (Reserved) . SUBCHAPTER 5 HOME AND COMMUNITY BASED SERVICES §17-1720-18 Home and Community Based Services (HCBS). (a) The participating health plan is not required to provide HCBS to an enrollee if: (1) The enrollee chooses institutional services; (2) The enrollee cannot be served safely in the community; (3) There are no adequate or appropriate providers for needed services; or (4) The cost of providing services in the home or community setting is expected to exceed the cost of providing care in an institution. (b) The health plan must receive prior approval from the department or its designee prior to disapproving a request for HCBS. (c) An enrollee must meet one of the following level of care criteria to receive home and community based services: · (1) At risk of deteriorating to institutional level of care; or (2) At institutional level of care. (d) The health plan shall provide HCBS services which minimally include, but are not limited to, the following and may require prior authorization: (1) Adult day care services provided by a licensed facility maintained and operated by an enrollee, organization, or agency for the purpose of providing regular supportive care to four or more disabled adult participants, with or without charging a fee. Adult day care services include therapeutic, social, educational, recreational, and other activities. Adult day care staff members may not perform healthcare related services such as medication administration, tube 1720-8