Maryland Governor - Executive and Administrative Departments Section 6-7A-01

      (a)      In this subtitle the following words have the meanings indicated.

      (b)      "Agency-provider model" means a service option method of providing community attendant services and supports for an eligible individual where the personal assistant is employed by a provider agency, supervised and evaluated by the consumer, and the agency is the personal assistant's employer of record.

      (c)      (1)      "Attendant services and supports" means the following services for the disabled individual, which are certified as necessary by a health care professional:

                  (i)      Dressing;

                  (ii)      Preparing food and assisting the disabled individual with eating;

                  (iii)      Bathing and personal hygiene;

                  (iv)      Assisting with routine bodily functions, including bowel or urinary care;

                  (v)      Moving into, out of, or turning in bed;

                  (vi)      Laundering and providing other clothing care; and

                  (vii)      Cleaning house and performing other services of daily care, including shopping and transportation, as requested by the disabled individual and the Department.

            (2)      "Attendant services and supports" are designed to assist the consumer in accomplishing activities of daily living and health-related functions through:

                  (i)      Hands on assistance;

                  (ii)      Supervision; or

                  (iii)      Cuing, prompting, or reminding the consumer about an activity.

      (d)      "Community attendant services and supports" means attendant services and supports furnished to an individual:

            (1)      Under a plan of services that is based on an assessment of functional need and that is agreed to by the individual or the individual's representative; and

            (2)      Under an agency-provider model, a consumer-directed model, or other model as defined in this section.

      (e)      "Consumer" means an eligible individual who is a recipient of attendant services and supports or community-based attendant services and supports.

      (f)      "Department" means the Department of Human Resources.

      (g)      "Eligible individual" means an individual with a cognitive, sensory, or physical disability who:

            (1)      Is an adult between the ages of 21 and 59 years;

            (2)      Requires the level of care provided in a nursing facility; and

            (3)      Qualifies for the Medicaid waiver for adults with physical disabilities.

      (h)      "Functional need" means the need for personal assistance based on abilities and limitations of the consumer, regardless of medical diagnosis or other category of disability.

      (i)      "Institution" means an establishment that, in single or multiple facilities, furnishes food, shelter, and some treatment services to four or more persons unrelated to the proprietor.

      (j)      "Nursing home transition grant" means the grants available to states through the Centers for Medicare and Medicaid Services.

      (k)      "Other service options" means methods other than an agency-provider model and may include the use of a fiscal agent to assist in obtaining services.

      (l)      "Personal assistant" means the individual who directly provides attendant services and supports.

      (m)      "Program" means the community and attendant services and support program.

      (n)      "Representative" means a parent, family member, guardian, advocate, or authorized representative of an eligible individual.