HARRY HUGHES, Governor

2579

(2) OUT OF HOME TEMPORARY CARE PROVIDED BY

TRAINED PERSONNEL IN A RESPITE CARE CENTER ON AN HOUR BY
HOUR BASIS FOR UP TO 24 HOURS, OR ON A 24 HOUR BASIS,
INCLUDING, WITHIN A CALENDAR YEAR, OVERNIGHT ACCOMMODATIONS
FOR A MAXIMUM PERIOD OF 7 CUMULATIVE DAYS AND 24 CUMULATIVE
HOURS STATE-FUNDED RESPITE CARE PROGRAMS MAY NOT EXCEED THE
FOLLOWING LIMITS WITHIN A FISCAL YEAR:

(1)  IN-HOME TEMPORARY CARE BY TRAINED
PERSONNEL ON AN HOURLY BASIS; AND

(2)  OUT-OF-HOME TEMPORARY CARE PROVIDED BY
TRAINED PERSONNEL IN A RESPITE CARE CENTER ON AN HOURLY
BASIS FOR UP TO 24 HOURS, AND, IN ADDITION, ON A 24-HOUR
BASIS, INCLUDING OVERNIGHT ACCOMMODATIONS, FOR A MAXIMUM
PERIOD OF 7 CONTINUOUS DAYS.

(C) THE TERM "DEVELOPMENTALLY DISABLED" MEANS A
SEVERE, CHRONIC DISABILITY OF A PERSON WHICH:

(1)  IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL
IMPAIRMENT OR COMBINATION OF MENTAL AND PHYSICAL
IMPAIRMENTS;

(2)  IS MANIFESTED BEFORE THE PERSON ATTAINS AGE
22;

(3)  IS LIKELY TO CONTINUE INDEFINITELY;

(4)  RESULTS IN SUBSTANTIAL FUNCTIONAL
LIMITATIONS IN THREE OR MORE OF THE FOLLOWING AREAS OF MAJOR
LIFE ACTIVITY: (I) SELF-CARE; (II) RECEPTIVE AND EXPRESSIVE
LANGUAGE; (III) LEARNING; (IV) MOBILITY; (V) SELF-DIRECTION;
(VI) CAPACITY FOR INDEPENDENT LIVING; AND (VII) ECONOMIC
SELF-SUFFICIENCY; AND

(5)  REFLECTS THE PERSON'S NEED FOR A COMBINATION
AND SEQUENCE OF SPECIAL INTERDISCIPLINARY OR GENERIC CARE,
TREATMENT, OR OTHER SERVICES WHICH ARE LIFELONG OR OF
EXTENDED DURATION AND ARE INDIVIDUALLY PLANNED AND
COORDINATED.

129.

(A)  THE DEPARTMENT OF HUMAN RESOURCES SHALL DEVELOP
AND IMPLEMENT RESPITE CARE SERVICES PROGRAMS IN MARYLAND.

(B)  THE RESPITE CARE SERVICES SHALL BE PROVIDED BY THE
LOCAL DEPARTMENTS OF SOCIAL SERVICES OR BY PRIVATE NONPROFIT
COMMUNITY BASED PROVIDERS THROUGH A CONTRACTUAL AGREEMENT.

(C)  THE DEPARTMENT OF HUMAN RESOURCES SHALL PROMULGATE
RULES AND REGULATIONS COVERING, BUT NOT LIMITED TO,
MANDATORY STANDARDS FOR RESPITE CARE SERVICES AND THE
CREATION AND MAINTENANCE OF SLIDING FEE SCHEDULES FOR
RESPITE CARE SERVICES.