340:100-15-5. Criteria for determining that an individual does not require nursing facility services but does require specialized services
(a) In order for the disposition to be made that an individual with mental retardation and/or related conditions does not need nursing facility services but does need specialized services the individual must:
- (1) be able to benefit from a program of specialized services for mental retardation and/or related conditions, and
- (2) not meet the criteria for nursing facility services identified in OAC 340:100-15-3.
(b) Long term residents meeting the criteria listed in (a) of this Section are offered a choice of remaining in the facility or of receiving services in an alternative appropriate setting.
(c) Short term residents meeting the criteria listed in (a) of this Section cannot be considered appropriate for continued placement and must be discharged.