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2. Exemptions – There is no PETI conducted in conjunction with expedited eligibility and, as a consequence, no required contribution toward the cost of care during the ninety (90) coverage period. Retroactive eligibility is not available, though costs incurred and unpaid for Medicaid covered services prior to the LTSS application filing date are considered when determining eligibility for full coverage. 3. Restrictions – Under the terms of the State's Section 1115 demonstration waiver, expedited eligibility is not available for LTSS in a health institution setting. 1.11 Roles and Responsibilities A. Persons seeking LTSS Medicaid eligibility must meet the general requirements that apply program-wide related to residency, citizenship, and cooperation, among others. 1. Agency responsibilities – The EOHHS is responsible for determining Medicaid LTSS eligibility, authorizing services, the appropriate level of care planning and service coordination, as dictated by setting, and enrollment in service delivery option of choice. Under the terms of interagency agreements, the DHS and BHDDH have been authorized to determine all or some aspects of LTSS eligibility as an agent of the EOHHS. 2. Applicant Responsibilities – Beneficiaries determined eligible through this pathway must provide accurate and timely information and the consent necessary for EOHHS, or its agent(s), to obtain the health care information required for the clinical eligibility determination. 1.12 Severability
If any provision in any section of this Rule or the application thereof to any person or circumstances is held invalid, its invalidity does not affect other provisions or applications of the Rule which can be given effect without the invalid provision or application, and to this end the provisions of this Rule are declared to be severable.