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UNOFFICIAL 1737-32 required by an applicant or recipient shall be in accordance with the provisions of chapter 1739 and section 17-1737-31.

(b) Authorization granted by the department for admission to a NF or ICF-MR shall be based on the determination that the applicant or recipient requires the services stipulated in sections 17-1737-29 and 17- 1737-30. [Eff 08/01/94; am 02/10/97 ] (Auth: HRS §§346-14, 346-49; 42 C.F.R. §§430.10, 431.10, 435.1009) (Imp: 42 C.F.R. §§435.1009, 440.150, 456.271, 456.370, 483.440)

§17-1737-33 Preadmission screening and resident review (PASRR). The state PASRR program shall require that: (1) NFs shall not admit, on or after January 1, 1989, any new resident with: (A) "Mental illness" as defined in section 17-1737-27 unless the state mental health authority has determined, based on an independent physical and mental evaluation performed by a person or entity other than the state mental health authority, prior to admission, whether: (i) Because of the physical and mental condition of the individual, the individual requires the level of services provided by a NF; and (ii) If the individual requires such level of services, the individual requires active treatment for mental illness; or (B) "Mental retardation" or "persons with related conditions" as defined in section 17-1737-27 unless the state mental retardation/developmental disability authority has determined prior to admission whether: (i) Because of the physical and mental condition of the individual, the individual requires the level of services provided by a NF; and (ii) If the individual requires such level of services, the individual requires active treatment for mental retardation;