ROBERT L. EHRLICH, JR., Governor

Ch. 315

(1) If the Centers for Medicare and Medicaid Serviced approves the
application for implementation of the Employed Persons with Disabilities Program:

(i) Section 1 of this Act shall take effect 3 months after the date on
which the Centers for Medicare and Medicaid Services issues its approval; and

(ii) Within 7 months of the date on which the Centers for Medicare
and Medicaid Services issues its approval, the Department of Health and Mental
Hygiene, in consultation with the Maryland Coalition for Work Incentive Program,
shall. adopt regulations to implement the Employed Persons with Disabilities
Program; or

(2) If the Centers for Medicare and Medicaid Services denies the
application for implementation of the Employed Persons with Disabilities Program,
this Act, with no further action required by the General Assembly, shall be null and
void and of no further force and effect.

(A)     TO THE EXTENT THAT FUNDING IS AVAILABLE IN THE STATE BUDGET,
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE SHALL IMPLEMENT THE
EMPLOYED PERSONS WITH DISABILITIES PROGRAM BY JULY 1, 2005.

(B)     THE PURPOSE OF THE EMPLOYED PERSONS WITH DISABILITIES PROGRAM
IS TO ENCOURAGE INDIVIDUALS WITH DISABILITIES TO SEEK OR MAINTAIN
EMPLOYMENT.

(C) (1) THE SECRETARY SHALL ADOPT REGULATIONS THAT DEVELOP
SPECIFIC ELIGIBILITY CRITERIA FOR PARTICIPATION IN THE EMPLOYED PERSONS
WITH DISABILITIES PROGRAM.

(2) PRIOR TO ADOPTING THE REGULATIONS REQUIRED UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT SHALL:

(I)      CONSULT WITH THE COALITION FOR WORK INCENTIVES
IMPROVEMENT; AND

(II)     GIVE PREFERENCE TO THE RECOMMENDATIONS FOR
ELIGIBILITY CRITERIA DEVELOPED BY THE COALITION.

(D) AT LEAST EVERY 3 YEARS AFTER THE ADOPTION OF THE REGULATIONS
REQUIRED UNDER SUBSECTION (C) OF THIS SECTION, THE DEPARTMENT SHALL
REVIEW THE REGULATIONS IN CONSULTATION WITH THE COALITION FOR WORK
INCENTIVES IMPROVEMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That:

(a) On or before January 1, 2004, the Department of Health and Mental
Hygiene shall issue a preliminary report on the implementation of the Employed
Persons with Disabilities Program and the use of the federal grant funds for
implementation activities to the Governor, and, in accordance with § 2-1246 of the
State Government Article, the Senate Budget and Taxation Committee, the Senate
Finance Committee, the House Appropriations Committee, and the House Health and
Government Operations Committee; and

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