53-19-110. Eligibility for residential services in community home for persons with severe disabilities. (1) The department, in its discretion and in accordance with this part, may determine eligibility for residential services in a community home for persons with severe disabilities, based on the residential needs of the person and on the availability of residential services. Any person with a severe disability, as defined in 52-4-202, may be considered for placement in a community home, regardless of the source of funding for the person's residential services.

(2) A person who has a primary diagnosis of mental illness or who receives mental health services under Title 53, chapter 21, is not eligible for placement in a community home for persons with severe disabilities unless the person is eligible for and receiving services under this part and Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended, or Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended.