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Current as of January 01, 2025 | Updated by Findlaw Staff
(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)(i) The individual is living in a nursing facility at the time of the application for waiver services;
(ii) At least 30 consecutive days of the individual's nursing facility stay are eligible to be paid for by the Program;
(iii) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver; and
(iv) The home- and community-based services provided to the individual would qualify for federal matching funds; or
(2)(i) The individual is living at home or in the community at the time of the application for waiver services;
(ii) The individual received home- and community-based services through Community First Choice for at least 30 consecutive days;
(iii) The individual will be or has been terminated from participation in the Program on becoming entitled to or enrolled in Medicare Part A or enrolled in Medicare Part B;
(iv) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver within 6 months after the completion of the application; and
(v) 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.
Cite this article: FindLaw.com - Maryland Code, Health-General § 15-137 - last updated January 01, 2025 | https://codes.findlaw.com/md/health-general/md-code-health-gen-sect-15-137/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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