Functional limitations must be attributable to intellectual disability, not age, to meet ICF/ID level of care.

Topic: Health Law, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2016-01-05 
Attachment: Click here to download the decision. 

The Department of Community Health denied Petitioner’s application for coverage under the Katie Beckett deeming waiver because her caregivers did not demonstrate that she met any institutional level of care. The Court upheld the denial, finding that, although Petitioner appeared to exhibit the requisite functional limitations to require care in an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/ID), these limitations were attributable to her very young age, and not to her diagnosis of Down syndrome.