S.B. 819

VETOES

[(i)] 1. Are above the level of room and board;

[(ii)] 2. Are provided [on a regular basis] AT LEAST 5 DAYS IN A
7-DAY PERIOD; and

[(iii)] 3. Can be made available to the individuals through
institutional facilities; OR.

(II) MEET THE STANDARDS UNDER § 15-115.1 OF THIS SUBTITLE.

[(9)] (10) "Medically and functionally impaired" means an individual
who is assessed by the Department to require services provided by a nursing facility
as defined in this section, and who, but for the receipt of these services, would require
admission to a nursing facility within 30 days.

[(10)] (11) (i) "Nursing facility" means a facility that provides skilled
nursing care and related services, rehabilitation services, and health related care and
services above the level of room and board needed on a regular basis in accordance
with § 1919 of the federal Social Security Act.

(ii) "Nursing facility" includes a facility that provides services to
individuals certified as requiring an intermediate level of care.

[(11)] (12) "Personal care services" means those services as defined in
accordance with 42 C.F.R. 440.167 and in regulations adopted by the Department.

[(12)] (13) "Respite care services" has the meaning stated in regulations
adopted by the Department and includes those services provided to individuals
unable to care for themselves furnished on a short-term basis because of the absence
or need for relief of those persons normally providing the care.

[(13)] (14) "Waiver" means a home and community based services waiver
under § 1915(c) of the federal Social Security Act, submitted by the Department to the
[Health Care Financing Administration] CENTERS FOR MEDICARE AND MEDICAID
SERVICES, as required by subsections [(b) and (c)] (F) AND (G) (D) of this section.

[(14)] (15) "Waiver services" means the services covered under an
approved waiver that:

(i) Are needed and chosen by an eligible waiver participant as an
alternative to admission to or continued stay in a nursing facility;

(ii) Are part of a plan of care approved by the program;

(iii) Assure the waiver participant's health and safety in the
community; and

(iv) Cost no more per capita to receive services in the community
than in a nursing facility.

(B) ON OR BEFORE JULY 1, 2004, THE DEPARTMENT SHALL DEVELOP A
PROGRAM DESIGNED TO REDUCE THE NUMBER OF NURSING FACILITY BEDS
OCCUPIED BY MEDICAL ASSISTANCE LONG TERM CARE RECIPIENTS IN EACH

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