(1) The Medicaid home and community services program for children with autism is available to serve:

(a) children who would otherwise require the level of care provided in an intermediate care facility for the mentally retarded (ICF/MR); and

(b) for whom services provided will not jeopardize the child's health and safety.

(2) Eligibility of applicants to be considered for acceptance into the Medicaid home and community services program for children with autism is determined as provided in ARM 37.34.1905.

(3) Acceptance into the Medicaid home and community services program for children with autism is determined as provided in ARM 37.34.1907.

(4) Services and acceptance into the Medicaid home and community services program for children with autism are available only to the extent that the federal approval of the state's program permits and that available funding allows.

(a) In accordance with current federal approval, the program has only fifty placements available.

(5) The department, in order to comply with federal requirements or to limit expenditures of available funding, may:

(a) reduce the number of Medicaid children that may be served through this program;

(b) postpone or waive implementation of a particular service of the program; or

(c) eliminate one or more of the services of the program.