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2007 Laws of Maryland
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Ch. 3
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(3) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN AT LEAST
THREE OF THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
(I) SELF-CARE;
(II) RECEPTIVE AND EXPRESSIVE LANGUAGE;
(III) LEARNING;
(IV) MOBILITY;
(V) SELF-DIRECTION;
(VI) CAPACITY FOR INDEPENDENT LIVING; AND
(VII) ECONOMIC SELF-SUFFICIENCY; AND
(4) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND
SEQUENCE OF SPECIAL INTERDISCIPLINARY OR GENERIC CARE, TREATMENT, OR
OTHER SERVICES THAT ARE:
(I) LIFELONG OR OF EXTENDED DURATION; AND
(II) INDIVIDUALLY PLANNED AND COORDINATED.
(B) DEVELOPMENTAL DISABILITY.
AN INDIVIDUAL HAS A DEVELOPMENTAL DISABILITY IF THE INDIVIDUAL HAS A
FUNCTIONAL DISABILITY THAT IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS
THE AGE OF 22 YEARS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 88A, § 128(c), (d), and, as it related to an
individual with a head injury, (a). It is revised as a substantive provision,
rather than as a definition provision, to avoid defining terms that are used
only once in this subtitle.
Throughout this section, the references to an "individual" are substituted
for the former references to a "person" for consistency throughout this
subtitle and because only a human being, and not the other entities
included in the defined term "person", may qualify for respite care under
this part. See § 1-101 of this article.
In the introductory language of subsection (a) of this section, the former
reference to "an individual with a head injury who, notwithstanding age,
meets the definition of developmentally disabled" is deleted as
unnecessary in light of the inclusion of a head injury in the description of
a functional disability.
In subsection (a)(1) of this section, the phrase "including a head injury" is
added for brevity and clarity.
Subsection (b) of this section is revised to combine the repetitive language
of former Art. 88A, § 128(c) and (d) for brevity and clarity.
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- 228 -
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