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

(III) HEALTH-RELATED SERVICES ABOVE THE LEVEL OF ROOM AND
BOARD THAT ARE AVAILABLE ONLY THROUGH NURSING FACILITIES, INCLUDING
INDIVIDUALS WHO BECAUSE OF SEVERE COGNITIVE IMPAIRMENTS OR OTHER
CONDITIONS:

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

B. 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

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

(2) THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THE
PROVISIONS OF THIS SUBSECTION.

[(c)] (G)(D) The Department's waiver application shall include the
following GOALS AND OBJECTIVES:

(1) (I) An initial cap on waiver participation at 7,500 individuals TO
ASSIST THE MEDICALLY AND FUNCTIONALLY IMPAIRED IN OBTAINING HOME AND
COMMUNITY BASED WAIVER SERVICES; AND

(II) AN INITIAL CAP ON WAIVER PARTICIPATION AT 7,500
INDIVIDUALS TO ASSIST DUALLY ELIGIBLE NURSING FACILITY RESIDENTS IN
OBTAINING LONG TERM CARE SERVICES IN THE COMMUNITY;

(2) A PROGRAM TO PERMIT)

(I) AN INDIVIDUAL, OR A PERSON LEGALLY AUTHORIZED TO
PROVIDE INFORMED CONSENT TO MEDICAL TREATMENT ON BEHALF OF AN
INDIVIDUAL, TO DIRECT, MANAGE, AND PAY FOR HOME AND COMMUNITY BASED
SERVICES, INCLUDING RECRUITING, SCREENING, HIRING, TRAINING, SCHEDULING,
SUPERVISING, AND TERMINATING A PERSONAL CARE ATTENDANT;

(II) THE HIRING OF AN INDIVIDUAL'S FAMILY MEMBER, INCLUDING
A SPOUSE OR FRIEND, AS A PERSONAL CARE ATTENDANT;

(III) THE DEPARTMENT TO SET THE WAGES FOR A PERSONAL CARE
ATTENDANT;

(IV) THE LOCAL DEPARTMENT OF SOCIAL SERVICES OR THE LOCAL
AREA AGENCIES ON AGING TO ASSIST AN INDIVIDUAL IN OBTAINING PERSONAL
CARE ATTENDANTS; AND

(V) THE DEPARTMENT TO CONTRACT WITH AN INTERMEDIARY
SERVICE ORGANIZATION TO PROVIDE PAYROLL, TAX, AND OTHER PAYROLL SUPPORT
SERVICES ON BEHALF OF AN INDIVIDUAL;

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