Md. Code Ann., Hum. Servs. § 7-404
Participation in Program
Effective Oct 1, 2024Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2012, c. 468, § 1, eff. July 1, 2012; Acts 2024, c. 34, § 1, eff. Oct. 1, 2024; Acts 2024, c. 35, § 1, eff. Oct. 1, 2024.State of Maryland
(a)
(1) The Department shall ensure that at any given time at least 50% of the eligible individuals receiving financial assistance under the Program are:
- (i) gainfully employed;
- (ii) actively seeking employment; or
- (iii) attending an institution of postsecondary or higher education, as defined in § 10-101 of the Education Article.
(2) The remainder of the eligible individuals receiving financial assistance under the Program shall be individuals who:
- (i) reside in a nursing facility or similar institution licensed to provide chronic or intermediate care and who will be deinstitutionalized as a result of the Program; or
- (ii) are certified by an attending physician or certified nurse practitioner as being at risk of placement in a nursing facility or similar institution licensed to provide chronic or intermediate care if attendant care services are not received in the community.
(b)
- (1) Subject to the availability of funds, the Secretary may waive the proportional requirement of subsection (a)(1) of this section in the event there is a waiting list of eligible individuals described in subsection (a)(2) of this section.
- (2) The Secretary may adopt regulations to establish priorities and procedures for a waiting list of eligible individuals.
- (3) An eligible individual receiving financial assistance may not be removed from the Program to achieve the proportional requirement under subsection (a)(1) of this section.
- (c) Financial assistance provided under the Program may not duplicate any other State or federal assistance for attendant care services or ongoing additional supports that an eligible individual receives.
- (d) The Department shall limit participation in the Program to the number of eligible individuals who can be served with the funds appropriated for the Program in the State budget.
- (e) Each year, the Department shall review the eligibility of each individual receiving financial assistance.
Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2012, c. 468, § 1, eff. July 1, 2012; Acts 2024, c. 34, § 1, eff. Oct. 1, 2024; Acts 2024, c. 35, § 1, eff. Oct. 1, 2024.