HARRY HUGHES, Governor

3339

PHYSICAL OR MENTAL DISABILITIES OR HANDICAPS DEVELOPMENTAL
DISABILITIES, INCLUDING THE PROVISION OF TEMPORARY RELIEF
OF THE INDIVIDUAL OR THE INDIVIDUAL'S FAMILY, ON A PLANNED
OR OUT-OF-HOME BASIS OR IN A TIME OF CRISIS. RESPITE CARE
SERVICES INCLUDE, BUT ARE NOT LIMITED TO:

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

(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 OVERNIGHT ACCOMMODATIONS FOR A MAXIMUM PERIOD OF
30 CONTINUOUS DAYS. 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 ON A 24-HOUR BASIS, INCLUDING
OVERNIGHT ACCOMODATIONS, 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;

(2 3) IS LIKELY TO CONTINUE INDEFINITELY;

(3 4) RESULTS IN SUBSTANTIAL FUNCTIONAL
LIMITATIONS IN TWO 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

(4 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.