(a) The Department may not deny an individual access to a home- and community-based services waiver due to a lack of funding for waiver services if:
(1)(i) The individual is living in a nursing facility at the time of the application for waiver services;
(ii) At least 30 consecutive days of the individual's nursing facility stay are eligible to be paid for by the Program;
(iii) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver; and
(iv) The home- and community-based services provided to the individual would qualify for federal matching funds; or
(2)(i) The individual is living at home or in the community at the time of the application for waiver services;
(ii) The individual received home- and community-based services through Community First Choice for at least 30 consecutive days;
(iii) The individual will be or has been terminated from participation in the Program on becoming entitled to or enrolled in Medicare Part A or enrolled in Medicare Part B;
(iv) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver within 6 months after the completion of the application; and
(v) The home- and community-based services provided to the individual would qualify for federal matching funds.
Federal funds
(b) Nothing in this section is intended to result in a reduction of federal funds available to the Department.
Credits
Added by Acts 2003, c. 303, § 1, eff. July 1, 2003. Amended by Acts 2010, c. 442, § 1, eff. Oct. 1, 2010; Acts 2019, c. 414, § 1, eff. July 1, 2019.
MD Code, Health - General, § 15-137, MD HEALTH GEN § 15-137
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.
