Cognitively alert applicant eligible for the Independent Care Waiver Program.

Topic: Medicaid Eligibility, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2013-10-25 
Attachment: Click here to download the decision. 

Judge reversed and remanded the denial of Petitioner’s application for the Independent Care Waiver Program (ICWP), because he meets both the eligibility criteria for entry and the service specifications for his requested services.  Specifically, he qualifies for Personal Support Services Level III as he is cognitively alert—i.e., awake and aware of his surroundings—despite having the inability to communicate beyond a rudimentary level.  Furthermore, Petitioner can live safely at home because his parents are trained, experienced, and capable caregivers, and his home is adaptable for his needs.