Section 405IAC2-9-7. Medically improved disability

   (a) In order to qualify for the Medicaid for employees with disabilities program after improvement of a medical condition, a recipient must meet the requirements in this section.

  (b) The person must be a recipient of Medicaid under the Medicaid for employees with disabilities group described in section 6 of this rule who no longer qualifies for coverage under that category due to a medical improvement in his or her condition. The improvement of the condition must be verifiable by acceptable clinical standards; however, the disease, illness, or process must be of a type that, due to the nature and course of the illness, will continue to be a disabling impairment. A condition that has been resolved or a person who is completely recovered does not medically qualify for this program.

  (c) The determination of whether a recipient meets the medical eligibility requirements for this category will be made either:

(1) when the Social Security Administration determines the recipient is no longer disabled according to 20 CFR 416.905 or 20 CFR 416.906; or

(2) at the time of the recipient's next medical review as determined by the Medicaid medical review team (MMRT).

Determination of medical eligibility under this section is made by the MMRT. (Office of the Secretary of Family and Social Services; 405 IAC 2-9-7; filed Jun 10, 2002, 2:21 p.m.: 25 IR 3120; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA; filed Apr 8, 2014, 12:37 p.m.: 20140507-IR-405130533FRA)