Cognitive loss caused by seizures within target population for SOURCE.
Docket Number: ******* , Decision Date: March 5, 2014
Attachment: Click here to download the decision.
The Department of Community Health (DCH) could not terminate Petitioner’s SOURCE benefits on the grounds that his limitations stem from a developmental disability, thereby placing him outside the program’s target population. Petitioner was not born mentally disabled or developmentally delayed but, rather, suffered cognitive loss as a result of seizures. Furthermore, Petitioner meets the requisite intermediate nursing home level of care because he requires management of a medical condition, requires monitoring of vital signs and laboratory studies, and has cognitive deficits and wanders. Even had DCH shown that Petition did not meet the SOURCE program’s target population or the intermediate nursing home level of care, DCH did not provide adequate discharge planning by merely informing Petitioner of an unavailable alternative service program.