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Session Laws, 2004
Volume 801, Page 2897   View pdf image
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ROBERT L. EHRLICH, JR., Governor                            S.B. 819

COUNTY AND BALTIMORE CITY AND TO ASSIST DUALLY ELIGIBLE NURSING FACILITY
RESIDENTS WHO CHOOSE TO OBTAIN LONG TERM CARE SERVICES IN THE
COMMUNITY.

(C) THE PROGRAM DEVELOPED UNDER SUBSECTION (B) OF THIS SECTION
SHALL INCLUDE:

(1) PROVISION' OF SUPPORT SERVICES THAT ARE NECESSARY FOR AN
INDIVIDUAL WHO IS DUALLY ELIGIBLE FOR MEDICARE AND MEDICAID LONG TERM
CARE BENEFITS TO ACHIEVE MAXIMUM PARTICIPATION IN THE MAIN
STREAM IN THE
MOST INTEGRATED SETTING POS
SIBLE AND, ON A STATEWIDE BASIS, IMPROVE THE
CAPACITY OF COMMUNITIES TO SUPPORT INDIVIDUALS WHO ARE DUALLY ELIGIBLE
FOR MEDICARE AND MEDICAID LONG TERM CARE BENEFITS WITH LONG TERM
CARE OPTIONS THAT ARE SELF DIRECTED; AND

(2) PROCEDURES OR PROGRAMS DESIGNED TO OFFSET THE LOSS OF
INCOME REALIZED BY A NURSING HOME ASSOCIATED WITH THE LOSS OF A DUALLY
ELIGIBLE NURSING FACILITY RESIDENT TO THE COMMUNITY THAT MAY INCLUDE:

(I) TAX CREDITS;

(II) GRANTS TOWARD CONVERSION OF A LICENSED NURSING
HOME BED TO AN ASSISTED LIVING BED, RESPITE CARE BED, OR FOR MEDICAL DAY
CARE; OR

(III) FROM A PORTION OF THE SAVINGS GENERATED FROM MOVING
DUALLY ELIGIBLE NURSING FACILITY RESIDENT TO THE COMMUNITY, AN
ADJUSTMENT IN MEDICAID REIMBURSEMENT FOR THE SICKEST RESIDENTS IN THE
FACILITY.

(D) THE PROGRAM DEVELOPED UNDER SUBSECTION (B) OF THIS SECTION
MAY NOT:

(1) DIMINISH OR REDUCE THE QUALITY OF SERVICES AVAILABLE TO
NURSING HOME RESIDENTS;

(2) REQUIRE A NURSING FACILITY RESIDENT TO INVOLUNTARILY
ACCEPT HOME AND COMMUNITY BASED LONG TERM CARE SERVICES;

(3) REQUIRE A NURSING FACILITY RESIDENT TO BE TRANSFERRED OR
DISCHARGED AS A RESULT OF A CHANCE IN THE RESIDENT'S METHOD OF PAYMENT
FOR NURSING FACILITY SERVICES OR EXHAUSTION OF THE RESIDENT'S PERSONAL
FINANCIAL RE
SOURCES.

(E) FOR EVERY MEDICAL ASSISTANCE LONG TERM CARE RECIPIENT
DISCHARGED FROM A NURSING FACILITY BED TO A COMMUNITY BASED WAIVER
SLOT, THE DEPARTMENT SHALL DETERMINE THE AVERAGE SAVING
S PER RECIPIENT
TRANSFERRED AND SHALL USE THE SAVINGS TO:

(1) FUND IMPLEMENTATION OF EXPANDED MEDICAL ELIGIBILITY
REQUIREMENTS FOR NURSING FACILITY
SERVICES UNDER § 15-115.1 OF THIS
SUBTITLE;

- 2897 -

 

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Session Laws, 2004
Volume 801, Page 2897   View pdf image
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