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Ch. 244
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Martin O'Malley, Governor
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(A) (1) IN THIS SECTION THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED.
(2) "HANDS ON ASSISTANCE" MEANS THE PHYSICAL ASSISTANCE
OF ANOTHER INDIVIDUAL WITHOUT WHICH AN INDIVIDUAL WOULD BE UNABLE
TO PERFORM THE ACTIVITIES 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;
AND
(4) "STANDBY ASSISTANCE" MEANS THE PRESENCE OF ANOTHER
INDIVIDUAL 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 INDIVIDUAL 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 HOME AND COMMUNITY BASED LONG-TERM CARE SERVICES UNDER
THE PROGRAM IF THE INDIVIDUAL REQUIRES HEALTH RELATED SERVICES
ABOVE THE LEVEL OF ROOM AND BOARD THAT ARE AVAILABLE OUTSIDE OF A
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- 1679 -
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