Ch. 4

2004 LAWS OF MARYLAND

[(2)] (3) A limit on annual waiver participation based on State General
Fund support as provided in the budget bill;

[(3)] (4) Elimination of the current requirements that waiver
applicants be at least 62 years old and be eligible for or already receive a subsidy for
the senior assisted housing program;

[(4)] (5) Financial eligibility criteria which include:

(i) The current federal and State medical assistance long-term
care rules for using services provided by a nursing facility, per §§ 1902, 1919, and
1924 of the federal Social Security Act, and applicable regulations adopted by the
Department;

(ii) Medically needy individuals using services provided by a
nursing facility under the current federal and State medical assistance eligibility
criteria governed by regulations adopted by the Department and § 1919 of the federal
Social Security Act; .

(III) IF PERMITTED BY THE CENTERS FOR MEDICARE AND MEDICAID
SERVICES UNDER THE WAIVER UNDER SUBSECTION (B) OF THIS SECTION,
MEDICALLY NEEDY INDIVIDUALS WHOSE COUNTABLE INCOME EXCEEDS 300% OF
THE APPLICABLE PAYMENT RATE FOR SUPPLEMENTAL SECURITY INCOME BUT IS
LESS THAN THE AVERAGE MEDICAID REIMBURSEMENT RATE FOR LONG-TERM CARE
AFTER ALL DEDUCTIONS INCLUDING THE PROTECTION FROM SPOUSAL
IMPOVERISHMENT PROVISIONS OF THE FEDERAL SOCIAL SECURITY ACT; AND

[(iii)] (IV) Categorically needy individuals with income up to 300%
of the applicable payment rate for supplemental security income; [and]

[(5)] (6)   Waiver services that include at least the following:

(i)     Assisted living services;

(ii)    Case management services;

(iii)   Personal care services and homemaker services;

(iv)    Home health care services;

(v)     Respite care services;

(vi)   Assistive technology;

(vii) Environmental modifications;

(viii) Medically necessary over-the-counter supplies ordered by a
physician and not otherwise covered by the program;

(ix) Environmental assessments;

(x) Family/consumer training;

(xi) Personal emergency response systems;

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