Maryland Health - General Section 15-137

      (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)      The individual is living in a nursing home at the time of the application for waiver services;

            (2)      The nursing home services for the individual were paid by the Program for at least 30 consecutive days immediately prior to the application;

            (3)      The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver; and

            (4)      The home- and community-based services provided to the individual would qualify for federal matching funds.

      (b)      Nothing in this section is intended to result in a reduction of federal funds available to the Department.