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Ch.3
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2007 Laws of Maryland
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(2) ATTENDANT SERVICES AND SUPPORTS SHALL BE PROVIDED IN A
CONSUMER'S HOME OR OTHER INDEPENDENT OR SUPPORTED LIVING
ENVIRONMENT, INCLUDING SCHOOL, WORK, RECREATIONAL, AND RELIGIOUS
SETTINGS.
(3) ATTENDANT SERVICES AND SUPPORTS MAY NOT BE PROVIDED IN:
(I) A NURSING FACILITY;
(II) AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY
RETARDED; OR
(III) A FACILITY THAT PROVIDES FOOD, SHELTER, AND TREATMENT
SERVICES TO FOUR OR MORE INDIVIDUALS UNRELATED TO THE PROPRIETOR
(C) AVAILABILITY OF COMMUNITY ATTENDANT SERVICES AND SUPPORTS.
COMMUNITY ATTENDANT SERVICES AND SUPPORTS SHALL BE AVAILABLE 24
HOURS A DAY, 7 DAYS A WEEK, AND PROVIDE BACKUP AND EMERGENCY COMMUNITY
ATTENDANT SERVICES AND SUPPORTS WHEN NECESSARY.
(D) PERSONAL ASSISTANTS.
(1) A CONSUMER MAY SELECT OR HIRE ANYONE, INCLUDING A FAMILY
MEMBER, AS A PERSONAL ASSISTANT.
(2) BASED ON CONSUMER RECOMMENDATIONS, THE DEPARTMENT MAY
WAIVE CERTAIN QUALIFICATIONS REQUIRED BY REGULATION FOR A PERSONAL
ASSISTANT, IF THE PERSONAL ASSISTANT IS A FAMILY MEMBER OR IS KNOWN AND
CHOSEN BY THE CONSUMER
(3) A FAMILY MEMBER, EXCEPT THE CONSUMER'S SPOUSE, MAY
RECEIVE MEDICAL ASSISTANCE PAYMENTS FOR PROVIDING SERVICES.
(4) THE DEPARTMENT SHALL OFFER A CONSUMER TRAINING ON:
(I) HOW TO SELECT, MANAGE, AND DISMISS AN ATTENDANT OR
PERSONAL ASSISTANT; AND
(II) THE FINANCIAL MANAGEMENT OF COMMUNITY ATTENDANT
SERVICES AND SUPPORTS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, §§ 6-7A-01(i), (k), and (c)(2) and 6-7A-03(a),
(b), (d), (f), and (e)(2).
In subsection (a)(1) of this section, the defined term "consumer" is
substituted for the former reference to an "eligible individual who is a
participant in the program" for brevity and consistency throughout this
subtitle.
Also in subsection (a)(1) of this section, the word "consumer's" is
substituted for the former word "individual's" for clarity.
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- 246 -
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