| (a) The Agency shall determine whether comparable services
or benefits are available to the customer under any other program
and if comparable services or benefits are available to the customer
under any other program, the customer shall use those benefits first.
This includes services that are included under the customer's medical
and dental insurance, including government insurance.
(b) The Agency shall not make this determination in
cases in which comparable services or benefits exist under any other
program, but are not available to the customer at the time needed,
and:
(1) determining the availability of comparable services
and benefits under any other program would delay the provision of
services to customers who could be at medical risk, based on medical
evidence provided by an appropriate, qualified medical professional;
or
(2) the determination would interrupt or delay progress
toward achieving the goals in the ILP.
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