(1) To obtain hospital residency status, the client must meet the following requirements:

(a) a client who is unable to be cared for in a setting other than the acute care hospital is eligible for hospital residency status;

(b) the client must utilize a ventilator for a continuous period of not less than eight hours in a 24-hour period or require at least ten hours of direct nursing care in a 24-hour period; and

(c) the client must have been an inpatient in the same hospital as the requesting hospital for a minimum of six continuous months.

(2) The provider will have the responsibility of determining whether services could be provided in a skilled nursing care facility or by the Home and Community-Based Waiver Program to a Medicaid client within the state of Montana.

(3) The provider shall maintain written records of inquiries and responses about the present and future availability of openings in nursing homes and the Home and Community-Based Waiver Program.

(4) A redetermination of nursing home or waiver availability must be made at least every six months.