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(11.7) If I am eligible and apply for the DD Waiver, am I guaranteed to get the waiver?

(11.7) If I am eligible and apply for the DD Waiver, am I guaranteed to get the waiver?

Usually. You may be eligible for Medi-Cal waiver services if a waiver slot is available.[1]Lewis v. New Mexico Dept. of Health 275 F. Supp. 2d 1319, 1345 (D. N.M. 2003) (“Once the State sets up its waiver program, it is obligated to implement the waiver program as it has fashioned … Continue reading There are many slots[2]Lanterman Act services are an entitlement. So, if you want to live in the community, the regional center should help, even if a waiver slot is not available., and more are added each year. For example, there are 145,000 DD Waiver slots for 2021. There will be 150,000 slots for 2022.[3]CMS Waiver approval, PDF page 1 of 297 at: HCBS Waiver Application This is enough for everyone, so far.

References
1 Lewis v. New Mexico Dept. of Health 275 F. Supp. 2d 1319, 1345 (D. N.M. 2003) (“Once the State sets up its waiver program, it is obligated to implement the waiver program as it has fashioned them”); Makin v. Hawaii 114 F.Supp.2d 1017 (1999).
2 Lanterman Act services are an entitlement. So, if you want to live in the community, the regional center should help, even if a waiver slot is not available.
3 CMS Waiver approval, PDF page 1 of 297 at: HCBS Waiver Application