Ch. 4

2004 LAWS OF MARYLAND

(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 CHANGE IN THE RESIDENT'S METHOD OF PAYMENT
FOR NURSING FACILITY SERVICES OR EXHAUSTION OF THE RESIDENT'S PERSONAL
FINANCIAL RESOURCES.

(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 SAVINGS 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;

(2) ASSIST MEDICALLY AND FUNCTIONALLY IMPAIRED INDIVIDUALS IN
THE COMMUNITY, OR WHEN DISCHARGED FROM A HOSPITAL, RECEIVE HOME- AND
COMMUNITY BASED WAIVER SERVICES; AND

(3) MAKE ADJUSTMENTS IN MEDICAID REIMBURSEMENTS AS PROVIDED
IN SUBSECTION (C)(2)(III) OF THIS SECTION.

[(b)] (F) On or before [August 1, 1999] SEPTEMBER 1, 2004, the Department
shall apply to the [Health Care Financing Administration] CENTERS FOR MEDICARE
AND MEDICAID SERVICES of the United States Department of Health and Human
Services for an amendment to the existing home and community based services
waiver (Control Number 0265.90) under § 1915(c) of the federal Social Security Act to
receive federal matching funds for waiver services received by eligible medically and
functionally impaired individuals participating in the waiver AND TO RECEIVE
FEDERAL MATCHING FUNDS FOR WAIVER SERVICES TO ASSIST DUALLY ELIGIBLE
NURSING FACILITY RESIDENTS IN OBTAINING LONG TERM CARE SERVICES IN THE
COMMUNITY.

(C) (1) IF PERMITTED BY THE CENTERS FOR MEDICARE AND MEDICAID
SERVICES, AN INDIVIDUAL SHALL BE DETERMINED MEDICALLY ELIGIBLE TO
RECEIVE SERVICES UNDER THE WAIVER UNDER SUBSECTION (B) OF THIS SECTION IF
THE INDIVIDUAL REQUIRES:

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

(II)     REHABILITATION SERVICES; OR

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