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(D) THE DEPARTMENT SHALL WORK WITH THE MARYLAND HEALTH
RESOURCE PLANNING COMMISSION TO TRY TO ASSURE THAT 20% OF ASSISTED
LIVING PROGRAM WAIVER BEDS ARE NURSING FACILITY BEDS THAT HAVE BEEN
CONVERTED TO ASSISTED LIVING BEDS.
(D) (E) THIS SECTION MAY NOT BE CONSTRUED TO AFFECT, INTERFERE
WITH, OR INTERRUPT ANY SERVICES REIMBURSED THROUGH THE MARYLAND
MEDICAL ASSISTANCE STATE PROGRAM UNDER THIS TITLE.
(E) ANY SAVINGS INITIALLY REALIZED IN THE MARYLAND MEDICAL
ASSISTANCE LONG-TERM CARE PROGRAM FROM THE AMENDED WAIVER SHALL BE
USED;
(1) IN THE FIRST FISCAL YEAR, TO INCREASE THE MEDICAL ASSISTANCE
REIMBURSEMENT RATE FOR NURSING HOMES; AND
(2) EACH FISCAL YEAR THEREAFTER, IN EQUAL PARTS, TO INCREASE
THE MEDICAL ASSISTANCE REIMBURSEMENT RATE FOR NURSING HOMES AND TO
INCREASE WAIVER PARTICIPATION.
(F) IF A PERSON DETERMINED TO BE ELIGIBLE TO RECEIVE WAIVER
SERVICES UNDER THIS SECTION DESIRES TO RECEIVE WAIVER SERVICES AND AN
APPROPRIATE PLACEMENT IS AVAILABLE, THE DEPARTMENT SHALL AUTHORIZE
THE PLACEMENT.
(G) AN INDIVIDUAL ELIGIBLE UNDER THE WAIVER MAY NOT BE EXCLUDED
FROM ELIGIBILITY FOR OTHER TYPES OF WAIVER SERVICES.
(H) (G) WAIVER SERVICES SHALL BE JOINTLY ADMINISTERED BY THE
DEPARTMENTS OF AGING, HUMAN RESOURCES, AND HEALTH AND MENTAL
HYGIENE.
(I) (H) THE DEPARTMENT, IN CONSULTATION WITH REPRESENTATIVES OF
THE AFFECTED INDUSTRY AND ADVOCATES FOR WAIVER CANDIDATES, AND WITH
THE APPROVAL OF THE DEPARTMENT OF AGING AND THE DEPARTMENT OF HUMAN
RESOURCES, SHALL ADOPT REGULATIONS TO IMPLEMENT THIS SECTION WITHIN 180
DAYS OF RECEIPT OF APPROVAL OF THE AMENDED WAIVER APPLICATION FROM THE
HEALTH CARE FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT
OF HEALTH AND HUMAN SERVICES.
(J) (I) SUBJECT TO § 2-1246 OF THE STATE GOVERNMENT ARTICLE, THE
DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY EVERY 6 MONTHS
CONCERNING THE STATUS OF THE DEPARTMENT'S APPLICATION UNDER
SUBSECTIONS (B) AND (C) OF THIS SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1999.
Approved April 27, 1999.
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