Ch. 4                                       2004 LAWS OF MARYLAND

(3) HEALTH RELATED SERVICES ABOVE THE LEVEL OF ROOM AND
BOARD THAT ARE AVAILABLE ONLY THROUGH INSTITUTIONAL FACILITIES
INCLUDING, BUT NOT LIMITED TO, INDIVIDUALS WHO EITHER BECAUSE OF SEVERE
COGNITIVE IMPAIRMENTS OR OTHER CONDITIONS:

(I) 1. ARE CURRENTLY UNABLE TO PERFORM AT LEAST TWO
ACTIVITIES OF DAILY LIVING WITHOUT HANDS ON ASSISTANCE OR STANDBY
ASSISTANCE FROM ANOTHER INDIVIDUAL; AND

2. HAVE BEEN OR WILL BE UNABLE TO PERFORM AT LEAST
TWO ACTIVITIES OF DAILY LIVING FOR A PERIOD OF AT LEAST 90 DAYS DUE TO A
LOSS OF FUNCTIONAL CAPACITY; OR

(II) NEED SUBSTANTIAL SUPERVISION FOR PROTECTION AGAINST
THREATS TO HEALTH AND SAFETY DUE TO SEVERE COGNITIVE IMPAIRMENT.

(C) THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THE
PROVISIONS OF THIS SECTION.

15-132.

(a) (1) In this section the following terms have the meanings indicated.

(2)     "Assisted living program" has the meaning stated in § 19-1801 of this
article.

(3)     "Assisted living services" means services provided by an assisted
living program as defined in regulations adopted by the Department.

(4)     "Case management services" means services that assist waiver
eligible individuals in gaining access to needed waiver services and other needed
medical, social, housing, and other supportive services.

(5)     "DUAL ELIGIBILITY" MEANS SIMULTANEOUS ELIGIBILITY FOR
HEALTH INSURANCE COVERAGE UNDER BOTH THE PROGRAM AND MEDICARE AND
FOR WHICH THE DEPARTMENT MAY OBTAIN FEDERAL MATCHING FUNDS.

(6)     (I) "Environmental modifications" [has the meaning stated in
regulations adopted by the Department and includes those physical adaptations to
the home or residence which are necessary to ensure the health, welfare, and safety of
the individual or which enable the individual to function with greater independence
and without which, the individual would require admission to or continued stay in a
nursing facility] MEANS THE PHYSICAL ADAPTATIONS MADE TO AN INDIVIDUAL'S
HOME OR PLACE OF RESIDENCE TO ENSURE THE INDIVIDUAL'S HEALTH, WELFARE,
AND SAFETY, OR TO ENSURE THE INDIVIDUAL'S ABILITY TO FUNCTION WITH
GREATER INDEPENDENCE AND ACCESS IN THE RESIDENCE, AND THAT ARE:

1. APPROVED IN THE INDIVIDUAL'S PLAN OF CARE;

2. PREAUTHORIZED BY THE DEPARTMENT OF AGING;

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