2013 Maryland Code
HEALTH - GENERAL
§ 15-130 - Application for home- or community-based services waiver for seriously emotionally disturbed youth or autistic or developmentally disabled youth in order to receive federal matching funds

§15-130.

(a) In this section, “seriously emotionally disturbed” means a condition that is:

(1) Manifest in an individual younger than 18 years or, if the individual is in a residential treatment center, younger than 21 years;

(2) Diagnosed according to the current diagnostic classification system that is recognized by the Secretary; and

(3) Characterized by a functional impairment that substantially interferes with or limits the child’s role or functioning in the family, school, or community activities.

(b) (1) The Department shall apply to the Health Care Financing Administration of the federal Department of Health and Human Services for a home- and community-based services waiver under § 1915(c) of the federal Social Security Act in order to receive federal matching funds for services to seriously emotionally disturbed individuals who would otherwise require institutionalization in a residential treatment center.

(2) The Department shall apply to the Health Care Financing Administration of the federal Department of Health and Human Services for a home- and community-based services waiver under § 1915(c) of the federal Social Security Act in order to receive federal matching funds for services to autistic children aged 1 through 21 years who would otherwise require institutionalization in an institution for the developmentally disabled.

(c) In accordance with subsection (b)(1) and (2) of this section, the services to be provided for seriously emotionally disturbed individuals or autistic children may include, but are not limited to:

(1) Respite services;

(2) Family training and education;

(3) Day treatment services;

(4) Therapeutic integration services;

(5) Intensive individual support services;

(6) Therapeutic living services;

(7) Intensive in-home intervention services; and

(8) Specialized case management services.

(d) The State matching funds required to cover the Medicaid costs under the waiver for autistic children shall be certified or otherwise provided by the Maryland State Department of Education, local school systems, and local lead agencies.

(e) The State matching funds required to cover the Medicaid costs under the waiver for seriously emotionally disturbed individuals shall be certified or otherwise provided by the Maryland State Department of Education, local school systems, local lead agencies, and the Mental Hygiene Administration.

§ 15-130 - 1. Psychiatric residential treatment demonstration waiver application.

(a) In general. -- The Department shall apply to the Centers for Medicare and Medicaid Services of the federal Department of Health and Human Services for a psychiatric residential treatment demonstration waiver if the Centers announce in the Federal Register that the Centers are accepting applications for such a waiver.

(b) Application provisions. -- The waiver application required by subsection (a) of this section shall:

(1) Provide for services for a minimum of 150 individuals; or

(2) Provide for services for the maximum number of individuals that the Centers for Medicare and Medicaid Services allows, if the maximum number of individuals that the centers allow to receive services under the waiver is fewer than 150 individuals.

(c) Analysis of costs and benefits. -- During the waiver application process, the Department shall conduct an analysis of both the short-term and long-term costs and benefits of implementing the waiver.

(d) Report on status of application. -- The Department shall report to the General Assembly, in accordance with § 2-1246 of the State Government Article, every 6 months concerning the status of the Department's application required under this section until the waiver is approved or denied.

(e) Report following approval of waiver. --

(1) If the Centers for Medicare and Medicaid Services approve the waiver application required under this section, the Department shall report to the General Assembly, in accordance with § 2-1246 of the State Government Article, on its decision on whether to implement the waiver.

(2) The report required under this subsection shall include a summary of the analysis required under subsection (c) of this section.