Sec. 5. (a) As used in this section, “facility” refers to an intermediate care facility for individuals with intellectual disabilities (ICF/IID) not operated by a state agency.

     (b) The rules adopted by the secretary may not establish eligibility criteria for Medicaid reimbursement for placement or services in a facility, including services provided under a Medicaid waiver, that are more restrictive than federal requirements for Medicaid reimbursement in a facility or under a Medicaid waiver.

     (c) The office may not implement a policy that may not be adopted as a rule under subsection (b).

As added by P.L.78-1994, SEC.2. Amended by P.L.272-1999, SEC.41; P.L.35-2016, SEC.41.