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MARVIN MANDEL, Governor 3003
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(D) "MEDICALLY HANDICAPPED" MEANS ANY MEASURABLE
LIMITATION DUE TO A PHYSICAL, MENTAL, OR EMOTIONAL
IMPAIRMENT (1) ANY PHYSICAL DISABILITY WHICH IS DEFINED
AS A REASONABLY STATIC IMPAIRMENT WHICH PREVENTS GAINFUL
EMPLOYMENT OR THE ACCOMPLISHMENT OF THE ROUTINE OF NORMAL
DAILY ACTIVITIES, IN OTHER THAN AN INSTITUTIONAL OR
SHELTERED ENVIRONMENT, OR (2) ANY MENTAL DISABILITY WHICH
IS DEFINED AS A STATE OF MENTAL IMPAIRMENT, EITHER
PERMANENT OR RECURRENT, WHICH REQUIRES DOMICILIARY OR
INSTITUTIONAL CARE IN A SHELTERED ENVIRONMENT.
717-I.
(A) THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
SHALL PROVIDE GUIDANCE AND MEANS FOR THE ESTABLISHMENT OF
DAY-CARE CENTERS FOR MEDICALLY HANDICAPPED ADULTS
ACCORDING TO THE PROVISIONS OF THIS SUBTITLE. THE
DEPARTMENT OF HUMAN RESOURCES SHALL COOPERATE WITH AND
ASSIST THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO
EFFECTUATE THE PURPOSES OF THIS SUBTITLE.
(B) THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
SHALL RECRUIT, LICENSE AND ENCOURAGE THE ESTABLISHMENT OF
DAY-CARE CENTERS FOR MEDICALLY HANDICAPPED ADULTS AND
SHALL DEVELOP AND ENFORCE RULES, REGULATIONS AND MINIMUM
STANDARDS NECESSARY FOR THE BEST INTERESTS AND SAFETY OF
PERSONS RECEIVING CARE IN THESE DAY-CARE CENTERS. THESE
RULES, REGULATIONS AND STANDARDS SHALL HAVE THE FORCE OF
LAW.
(C) THE DEPARTMENT OF HEALTH AND MENIAL HYGIENE
SHALL NEGOTIATE THE PURCHASE OF DAY-CARE SERVICES FOR
MEDICALLY HANDICAPPED ADULTS FROM PUBLIC OF PRIVATE
AGENCIES AS PROVIDED FOR IN THE BUDGET. THESE SERVICES
MUST BE NECESSARY AND ESSENTIAL TO MAXIMIZE THE
FUNCTIONING AND WELL-BEING OF ADULTS IN NEED OF DAY CARE,
AND SHALL INCLUDE, BUT NOT BE LIMITED TO, (1) THERAPEUTIC
ARTS AND CRAFTS; (2) COMMUNITY EXCURSIONS, WHERE
APPROPRIATE; (3) HOBBY CULTIVATION; (4) HEALTH SERVICES;
(5) COUNSELING SERVICES FOR PARTICIPATING ADULTS AND
THEIR FAMILIES; (6) GROUP DYNAMICS; AND (7) OTHER
SERVICES THAT ENHANCE SOCIAL FUNCTIONING AND DEVELOP
ACTIVITIES IN DAILY LIVING AND PERSONAL INDEPENDENCE.
717J.
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE MAY
UTILIZE FUNDS APPROPRIATED FOR HOSPITALS, NURSING HOMES,
AND OTHER INSTITUTIONS WITHIN ITS JURISDICTION FOR THE
PURPOSE OF PURCHASING DAY CARE SERVICES FROM PUBLIC OR
PRIVATE AGENCIES OR FOR PAYMENT TO PERSONS, GROUPS OR
ORGANIZATIONS WHO ESTABLISH DAY-CARE CENTERS FOR
MEDICALLY HANDICAPPED ADULTS.
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NOTHING IN THIS SUBTITLE MAY BE CONSTRUED TO INCLUDE
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