ROBERT L. EHRLICH, JR., Governor                                Ch. 4

Section 15-132

Annotated Code of Maryland

(2000 Replacement Volume and 2003 Supplement)

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

Article - Health - General

15-115.1.

(A) (1) IN THIS SECTION THE FOLLOWING TERMS HAVE THE MEANINGS
INDICATED.

(2) "HANDS ON ASSISTANCE" MEANS THE PHYSICAL ASSISTANCE OF
ANOTHER PERSON WITHOUT WHICH AN INDIVIDUAL WOULD BE UNABLE TO
PERFORM THE ACTIVITY OF DAILY LIVING.

(3) "SEVERE COGNITIVE IMPAIRMENT" MEANS A LOSS OR

DETERIORATION IN AN INDIVIDUAL'S INTELLECTUAL CAPACITY THAT IS:

(I) COMPARABLE TO AND INCLUDES ALZHEIMER'S DISEASE AND
SIMILAR FORMS OF IRREVERSIBLE DEMENTIA; AND

(II) MEASURED BY CLINICAL EVIDENCE AND STANDARDIZED TESTS
THAT RELIABLY MEASURE IMPAIRMENT IN AN INDIVIDUAL'S:

1. SHORT TERM OR LONG TERM MEMORY;

2. ORIENTATION AS TO PEOPLE, PLACES, AND TIME; AND

3. DEDUCTIVE OR ABSTRACT REASONING.

(4) "STANDBY ASSISTANCE" MEANS THE PRESENCE OF ANOTHER
PERSON WITHIN ARM'S REACH OF AN INDIVIDUAL THAT IS NECESSARY TO PREVENT,
BY PHYSICAL INTERVENTION, INJURY TO THE INDIVIDUAL WHILE THE INDIVIDUAL
IS PERFORMING AN ACTIVITY OF DAILY LIVING.

(5) (I) "SUBSTANTIAL SUPERVISION" MEANS CONTINUAL

SUPERVISION BY ANOTHER PERSON THAT IS NECESSARY TO PROTECT AN
INDIVIDUAL WITH SEVERE COGNITIVE IMPAIRMENT FROM THREATS TO HEALTH OR
SAFETY.

(II) "SUBSTANTIAL SUPERVISION" INCLUDES CUING BY VERBAL
PROMPTING, GESTURING, OR OTHER DEMONSTRATIONS OR 24-HOUR SUPERVISION.

(B) AN INDIVIDUAL SHALL BE DETERMINED MEDICALLY ELIGIBLE TO
RECEIVE NURSING FACILITY SERVICES UNDER THE MARYLAND MEDICAL
ASSISTANCE PROGRAM IF THE INDIVIDUAL REQUIRES;

(1) SKILLED NURSING FACILITY CARE OR OTHER RELATED SERVICES;

(2) REHABILITATION SERVICES; OR

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