Ch. 426                                    2004 LAWS OF MARYLAND

(D)     THE DEPARTMENT. OR THE DEPARTMENTS DESIGNEE. SHALL REVIEW
THE QUARTERLY ASSESSMENTS SUBMITTED TO THE CENTER FOR MEDICARE AND
MEDICAID SERVICES OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
BY EACH NURSING FACILITY THAT PARTICIPATES IN THE PROGRAM TO IDENTIFY
INDIVIDUALS INDICATING A PREFERENCE TO LIVE IN THE COMMUNITY.

(E)     IF A RESIDENT WHO WOULD QUALIFY FOR HOME- AND
COMMUNITY-BASED WAIVER SERVICES UNDER § 15-137 OF THIS SUBTITLE
INDICATES AN INTEREST OR PREFERENCE FOR LIVING IN THE COMMUNITY, THE
DEPARTMENT. OR THE DEPARTMENT'S DESIGNEE. SHALL PROVIDE THE RESIDENT
RESIDENTS REFERRED OR IDENTIFIED UNDER SUBSECTIONS (C) AND (D) OF THIS
SECTION WITH:

(1)      ADDITIONAL INFORMATION REGARDING HOME- AND
COMMUNITY-BASED SERVICES, INCLUDING SERVICES AVAILABLE UNDER A
MEDICAL ASSISTANCE WAIVER AND THEIR RIGHT TO ACCESS SERVICES UNDER §
15-137 OF THIS SUBTITLE; AND

(2)      ASSISTANCE IN:

(I)      COMPLETING ANY APPLICATION FORMS OR PROCESS, AS
NEEDED; AND

(II)     MOVING FROM A NURSING FACILITY TO A COMMUNITY-BASED
SETTING APPROPRIATE TO THE RESIDENTS' NEEDS AND EXPRESSED WISHES.

(f) (1) Subject to paragraph (3) of this subsection, employees or
representatives of protection and advocacy agencies and of centers for independent
living shall have reasonable and unaccompanied access to residents of public or
private nursing facilities in the State that receive reimbursement under the Program
for the purpose of providing information, training, and referral to programs and
services addressing the needs of people with disabilities, including participation in
programs that would enable individuals with disabilities to live outside the nursing
facility.

(2)     Employees or representatives of protection and advocacy agencies
and of centers for independent living shall maintain the confidentiality of the
residents and may not disclose the information provided to a resident, except with the
express consent of the resident or the resident's legal guardian or health care
representative.

(3)     Public or private nursing facilities may require the employees or
representatives of protection and advocacy agencies and of centers for independent
living to provide proof of their employment [and training] before authorizing the
access required under paragraph (1) of this subsection.

(G) ON OR BEFORE JANUARY 1 OF EACH YEAR, THE DEPARTMENT, AND THE
DEPARTMENTS DESIGNEE, SHALL REPORT TO THE GOVERNOR AND THE GENERAL
ASSEMBLY, IN ACCORDANCE WITH § 2-1246 OF THE STATE GOVERNMENT ARTICLE,
ON:

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