§ 15-137
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/md/health-general/15-137A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§15–137.
(a)The Department may not deny an individual access to a home– and community–based services waiver due to a lack of funding for waiver services if:
(i)The individual is living in a nursing facility at the time of the application for waiver services;
(ii)At least 30 consecutive days of the individual’s nursing facility stay are eligible to be paid for by the Program;
(iii)The individual meets all of the eligibility criteria for participation in the home– and community–based services waiver; and
(iv)The home– and community–based services provided to the individual would qualify for federal matching funds; or
(i)The individual is living at home or in the community at the time of the application for waiver services;
(ii)The individual received home– and community–based services through Community First Choice for at least 30 consecutive days;
(iii)The individual will be or has been terminated from participation in the Program on becoming entitled to or enrolled in Medicare Part A or enrolled in Medicare Part B;
(iv)The individual meets all of the eligibility criteria for participation in the home– and community–based services waiver within 6 months after the completion of the application; and
(v)The home– and community–based services provided to the individual would qualify for federal matching funds.
(b)Nothing in this section is intended to result in a reduction of federal funds available to the Department.