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2007 Laws of Maryland
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Ch. 244
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NURSING FACILITY, INCLUDING INDIVIDUALS WHO, BECAUSE OF SEVERE
COGNITIVE IMPAIRMENT, MENTAL ILLNESS, OR OTHER CONDITIONS;
(1) (I) ARE CURRENTLY UNABLE TO PERFORM AT LEAST TWO
ACTIVITIES OF DAILY LIVING WITHOUT HANDS ON ASSISTANCE OR
STANDBY ASSISTANCE FROM ANOTHER INDIVIDUAL; AND
(II) 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 OR
MENTAL ILLNESS.
(C) THE INDIVIDUAL'S PHYSICIAN, TO THE EXTENT FEASIBLE, SHALL
CERTIFY THAT THE INDIVIDUAL REQUIRES THE SERVICES DESCRIBED IN
SUBSECTION (B) OF THIS SECTION.
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(a) (1) The Department of Health and Mental Hygiene, in consultation
with interested stakeholders, shall conduct a study and a comprehensive analysis of
the options that mav be available to the State to increase access to long-term services,
including home- and community-based services such as adult medical day care, for
individuals at high risk of institutionalization because of cognitive impairments,
mental illness, traumatic brain injury, or other conditions, who meet financial
eligibility criteria in effect as of June 1, 2007.
(2) The study and analysis shall include:
(i) a review of the practices of other states regarding the
provision of long-term care services:
(ii) a determination of the feasibility of developing criteria for
an alternative level of care:
(iii) a determination of the feasibility of increasing access to
long-term care services through the Federal Deficit Reduction Act, the State Plan
Amendments, the Older Adults Waiver, and other options available to the State; and
(iv) a cost-benefit analysis of the options examined, including
the projected long-term savings to the State realized by the delay or reduction in need
for the provision of care in hospitals or other institutional settings.
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-1680 -
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