§ 15-135. Information about home-based and community-based services provided to nursing facilit...
West's Annotated Code of MarylandHealth--GeneralEffective: July 1, 2019
Effective: July 1, 2019
MD Code, Health - General, § 15-135
§ 15-135. Information about home-based and community-based services provided to nursing facility residents
(b)(1) A social worker shall provide to each resident information that:
(c) If a resident indicates an interest in or a preference for living in the community, the nursing facility shall refer the resident to the Department, or the Department's designee, for further assistance.
(d) The Department, or the Department's designee, shall review the quarterly assessments submitted to the Center for Medicare and Medicaid Services of the U.S. Department of Health and Human Services by each nursing facility that participates in the Program to identify individuals indicating a preference to live in the community.
(e) If a resident who would qualify for home- and community-based waiver services under § 15-137 of this subtitle indicates an interest or preference for living in the community, the Department, or the Department's designee, shall provide the resident with:
(f)(1) Subject to paragraph (3) of this subsection, employees or representatives of designated protection and advocacy systems agencies and of certified centers for independent living shall have reasonable and unaccompanied access to residents of public or private nursing facilities in the State that receive reimbursement under the Program for the purpose of providing information, training, and referral to programs and services addressing the needs of people with disabilities, including participation in programs that would enable individuals with disabilities to live outside the nursing facility.
(2) Employees or representatives of designated protection and advocacy systems agencies and of certified centers for independent living shall maintain the confidentiality of the residents and may not disclose the information provided to or by a resident, except with the express consent of the resident or the resident's legal guardian or health care representative.
(3) Public or private nursing facilities may require the employees or representatives of designated protection and advocacy systems agencies and of certified centers for independent living to provide proof of their employment before authorizing the access required under paragraph (1) of this subsection.
(g) On or before January 1 of each year, the Department, and the Department's designee, shall report to the Governor and the General Assembly, in accordance with § 2-1257 of the State Government Article, on:
Credits
Added by Acts 2002, c. 84, § 1, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2004, c. 426, § 1, eff. July 1, 2004; Acts 2004, c. 427, § 1, eff. July 1, 2004; Acts 2010, c. 711, § 1, eff. Oct. 1, 2010; Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2014, c. 45, § 5; Acts 2019, c. 8, § 5.
MD Code, Health - General, § 15-135, MD HEALTH GEN § 15-135
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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