Maryland Governor - Executive and Administrative Departments Section 6-7A-03

      (a)      To the extent possible, an eligible individual who is a participant in the program may select, manage, and control the individual's community attendant services and supports.

      (b)      (1)      Attendant services and supports shall be provided in a consumer's home or other independent or supported living environment, including but not limited to school, work, recreational, and religious settings.

            (2)      Attendant services and supports may not be provided in a nursing facility, intermediate care facility for the mentally retarded, or other institution.

      (c)      A consumer receiving services and supports under this program shall be eligible for medical assistance if the consumer:

            (1)      Would be eligible for medical assistance in a medical institution or nursing home; and

            (2)      Needs home and community services and supports in order to remain in or transition to the community.

      (d)      The community attendant services and supports shall be available 24 hours a day, 7 days a week, and, when necessary, provide backup and emergency personal assistance services.

      (e)      (1)      Each consumer's program of services shall be based upon a mutually agreed upon individual services plan, jointly developed by the consumer and the Department or its designee.

            (2)      (i)      A consumer shall have an opportunity to choose between different service delivery options, including consumer-directed individual provider models and consumer-directed agency models.

                  (ii)      1.      A consumer may select or hire whomever the consumer chooses as a personal assistant, including family members.

                        2.      Based on consumer recommendations, the Department may waive certain qualifications required in the regulations for a personal assistant if the personal assistant is a family member or is an individual known and chosen by the consumer.

                        3.      Except as provided in sub-subparagraph 4 of this subparagraph, a family member may not be barred from receiving medical assistance payments for providing services.

                        4.      The consumer's spouse shall be barred from receiving medical assistance payments for providing services.

      (f)      The Department shall offer a consumer the following:

            (1)      Training on how to select, manage, and dismiss an attendant or personal assistant; and

            (2)      Training on financial management of the consumer's personal assistance services.

      (g)      A provider of community attendant services and supports shall assure that a consumer is informed of the consumer's rights with respect to selecting, managing, and changing the consumer's personal assistance services and the consumer's right to privacy and confidentiality.

      (h)      The Department shall limit participation in the program to an eligible individual between the ages of 21 and 59 years who will be discharged or diverted from a nursing facility.

      (i)      Eligibility shall be based on functional needs of the consumer based on abilities and limitations of the consumer.

      (j)      A consumer who is dissatisfied with the program shall have a right of appeal to the Department.