Section 15-137 - Home-based and community services for residents of nursing facilities - Denial of access prohibited. - Maryland Statutes

§ 15-137. Home-based and community services for residents of nursing facilities - Denial of access prohibited.
 

(a)  In general.- 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)  Federal funds.- Nothing in this section is intended to result in a reduction of federal funds available to the Department. 
 

[2003, ch. 303; 2010, ch. 442.]