WILLIAM DONALD SCHAEFER, Governor Ch. 638

(b)  Subject to the appropriation provided for this program
in the State budget, respite care for one individual may not
exceed the following limits within a State fiscal year:

(1)  Up to a total of 24 hours of care which is
provided in periods of less than 10 hours in any 24-hour period;
and

(2)  Up to 14 days of care a "day" being defined for
purposes of this section as no fewer than 10 nor more than 24
hours in any 24-hour period.

(c)  [The term "developmentally disabled" ]FOR PURPOSES OF
THIS SECTION, A DEVELOPMENTAL OR FUNCTIONAL DISABILITY 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,
INCLUDING A HEAD INJURY;

[(2) Is manifested before the person attains age 22;]

[(3)](2) Is likely to continue indefinitely;

[(4)](3) 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)](4) 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.

(D) THE TERM "FUNCTIONAL DISABILITY" 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 LIKELY TO CONTINUE INDEFINITELY;

(3)  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

(4)  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.

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