(a) Special case determinations may be required for individuals with mental retardation or a related condition(s) who would benefit from nursing facility level of care due to unusual circumstances other than medical needs.

(b) In order to make a special case determination that an individual with mental retardation or a related condition(s) would benefit from nursing facility level of care due to unusual circumstances other than medical needs, staff of the Mental Retardation Authority must:

• (1) consider all factors including:
• (A) the individual circumstances presented;
• (B) the individual's mental and emotional support needs;
• (C) all available assessment information;
• (D) any other relevant information; and
• (E) availability of other formal and informal supports; and
• (2) provide written specific rationale in support of the exception noting the unique and individualized circumstances of the case.