2013 Maryland Code
HEALTH - GENERAL
§ 15-137 - Home-based and community services for residents of nursing facilities -- Denial of access prohibited
§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 facility at the time of the application for waiver services;
(2) At least 30 consecutive days of the individual’s nursing facility stay are eligible to be paid for by the Program;
(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.
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