(1) The medicaid home and community services program for persons who are developmentally disabled serves persons:

(a) who would otherwise require the level of care provided in an intermediate care facility for the mentally retarded (ICF/MR) ; and

(b) for whom services provided through the medicaid home and community services program will not jeopardize the person's health and safety.

(2) Eligibility of applicants for the medicaid home and community services program is determined as provided in ARM 37.34.906.

(3) Placement into medicaid home and community services is determined as provided in ARM 37.34.301, et seq.

(4) Services and placements in services through the medicaid home and community services program are available only to the extent that the federal approval of the state's program permits and that available funding allows.

(5) The department, in order to comply with federal requirements or to limit expenditures to available funding, may:

(a) reduce the number of medicaid recipients that may be served under the program;

(b) postpone or waive implementation of a particular service of the program; or

(c) eliminate one or more of the services of the program.