ROBERT L. EHRLICH, JR., Governor                            S.B. 554

FOR the purpose of requiring the Department of Health and Mental Hygiene to apply
to the Centers for Medicare and Medicaid Services of the United States
Department of Health and Human Services for an amendment to the State
Medical Assistance Program to allow the Department to receive certain federal
matching funds for part of the nonroom-and-board portion of certain residential
care costs; requiring stating the intent of the General Assembly requiring that
the Governor include certain funds in the budget under certain conditions for
the Subcabinet for Children, Youth, and Families Resource Fund to create a
certain interagency pool; requiring that the interagency pool created under this
Act be used to provide certain community-based services and community-based
out-of-home placements needed by certain children with mental or
developmental disabilities; requiring the Office of Children, Youth, and Families
to adopt certain regulations under certain circumstances; providing that the Act
is not intended to result in the reduction of certain federal funds; providing for
the termination of this Act under certain circumstances; and generally relating
to community-based services for children with disabilities.

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)     ON OR BEFORE DECEMBER 1, 2003, THE DEPARTMENT SHALL SUBMIT AN
APPLICATION TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES TO AMEND
THE STATE MEDICAL ASSISTANCE PROGRAM TO ALLOW THE DEPARTMENT TO
RECEIVE FEDERAL MATCHING FUNDS FOR PART OF THE NONROOM-AND-BOARD
PORTION OF THE COSTS OF ALL ELIGIBLE RESIDENTIAL CARE THAT ARE RELATED
TO THE THERAPEUTIC COMPONENTS OF CARE PROVIDED BY STATE AND LOCAL
AGENCIES THROUGH PUBLIC OR PRIVATE PROVIDERS TO INDIVIDUALS UNDER THE
AGE OF 21 YEARS.

(B)     THE APPLICATION SUBMITTED BY THE DEPARTMENT UNDER SUBSECTION
(A) OF THIS SECTION:

(1) SHALL APPLY TO A RESIDENTIAL CARE PLACEMENT PROVIDING
THERAPEUTIC OR REHABILITATIVE SERVICES IN ADDITION TO ROOM AND BOARD
SERVICES TO AN INDIVIDUAL WHO IS:

(I)      UNDER THE AGE OF 21 YEARS; AND

(II)     IN THE CARE OR CUSTODY OF, COMMITTED TO, OR
VOLUNTARILY PLACED BY ANY STATE OR LOCAL AGENCY IN THE STATE; AND

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