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Ch. 303

2003 LAWS OF MARYLAND

circumstances; providing that nothing in this Act is intended to result in a
certain reduction of federal funds; requiring the Department, on or before a
certain date, to notify certain nursing home residents about the opportunity to
apply for participation in a certain waiver; requiring the Secretary of Health
and Mental Hygiene to submit a certain annual report to the General Assembly
and the Department of Legislative Services; and generally relating to access to
home- and community-based waiver services.

BY adding to

Article - Health - General

Section 15-136

Annotated Code of Maryland

(2000 Replacement Volume and 2002 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

15-136.

(A) THERE IS A CONTINUING, NONLAPSING MONEY FOLLOWS THE
INDIVIDUAL FUND.

(B) THE PURPOSE OF THE MONEY FOLLOWS THE INDIVIDUAL FUND IS TO
ENSURE THAT WHEN AN INDIVIDUAL LEAVES A NURSING FACILITY UNDER A HOME
AND COMMUNITY BASED SERVICES WAIVER, THE NET AVERAGE COST OF SERVING
THE INDIVIDUAL IN THE NURSING FACILITY FOLLOWS THE INDIVIDUAL TO THE
HOME- OR COMMUNITY BASED SERVICE TO COVER THE COSTS OF THE INDIVIDUAL'S
CARE.

(C) SUBJECT TO THE APPROPRIATIONS PROCESS, THE DEPARTMENT SHALL
USE THE MONEY FOLLOWS THE INDIVIDUAL FUND TO PROVIDE HOME AND
COMMUNITY BASED SERVICES TO INDIVIDUALS WHO ARE RELOCATED FROM
FACILITIES UNDER A HOME AND COMMUNITY BASED SERVICES WAIVER.

(D) SUBJECT TO THE APPROPRIATIONS PROCESS, THE MONEY FOLLOWS THE
INDIVIDUAL FUND SHALL CONSIST OF FUNDS THAT ARE EQUAL TO THE NET
AVERAGE COST OF PROVIDING SERVICES TO AN INDIVIDUAL IN A NURSING FACILITY
FOR EACH FISCAL YEAR, OR PART OF A FISCAL YEAR, THAT THE INDIVIDUAL IS NO

LONGER SERVED IN A NURSING FACILITY AND IS PROVIDED HOME OR

COMMUNITY BASED SERVICES.

(E) BY DECEMBER 1, 2003, THE DEPARTMENT SHALL ADOPT REGULATIONS:

(1) ESTABLISHING A PROCESS FOR DETERMINING THE NET AVERAGE
COST OF SERVING AN INDIVIDUAL IN A NURSING FACILITY; AND

(2) FOR THE MANAGEMENT AND USE OF MONEY IN THE MONEY
FOLLOWS THE INDIVIDUAL FUND.

(F) ON OR BEFORE JANUARY 1 OF EACH YEAR, THE SECRETARY SHALL