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2007 Laws of Maryland
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Ch. 543
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FOR the purpose of prohibiting the Department of Health and Mental Hygiene from
denying an individual home and community based waiver services when the
individual resides in a State residential center and certain criteria are met;
providing that nothing in this Act is intended to result in a certain reduction of
federal funds; requiring the Department to notify certain residents of State
residential centers about certain opportunities to participate in a certain
waiver; requiring the Department to submit a certain annual report; defining a
certain term; and generally relating to individuals living in State residential
centers and access to home and community-based waivers requiring the
Department of Health and Mental Hygiene to make a certain report to certain
committees of the General Assembly on or before a certain date each year;
providing for the termination of this Act; and generally relating to the
Department of Health and Mental Hygiene and the Money Follows the Person
grant.
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BY adding to
Article - Health - General
Section 15-135.1 15-144
Annotated Code of Maryland
(2005 Replacement Volume and 2006 Supplement)
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Preamble
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WHEREAS, The Written Plan of Habilitation (§ 7-904 of the Health—General
Article) requires that the individual written plan for each individual residing at a
State residential center include a recommendation regarding the most integrated
setting to meet the individual's needs and barriers to providing services in the most
integrated setting; and
WHEREAS, Ninety percent of the individuals reviewed to date have a finding
from the independent resource coordinator that community residential services are the
most integrated setting; and
WHEREAS, The Department of Health and Mental Hygiene's report on the
Written Plan of Habilitation for Individuals in State Residential Centers to the
General Assembly states that "capacity is not a significant barrier for most individuals
if funding is available"; and
WHEREAS, No funding has been provided in the Department's budget to
transition individuals from State residential centers to appropriate community
services; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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- 3542 -
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