36-2954. Erroneous eligibility determination;
state liability
If the director determines through the grievance and appeal procedure pursuant to a
grievance or appeal filed by an applicant that the administration made an error in
eligibility determination pursuant to section 36-2933 and a person was incorrectly
determined to be ineligible to receive institutional or home and community based
services, the administration shall reimburse a provider or noncontracting provider for
unreimbursed services provided to the applicant. The administration shall only make
reimbursements for services pursuant to this article and from the date the person was
incorrectly determined to be ineligible so long as the person remains eligible or until
the person is enrolled in the system, whichever is applicable.
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