{"data":{"id":"us-md/md.-code-health-general-15-137","jurisdiction":"us-md","citation":"Md. Code, Health - General § 15–137","heading":"","body":"(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:\n(1) (i) The individual is living in a nursing facility at the time of the application for waiver services;\n(ii) At least 30 consecutive days of the individual’s nursing facility stay are eligible to be paid for by the Program;\n(iii) The individual meets all of the eligibility criteria for participation in the home– and community–based services waiver; and\n(iv) The home– and community–based services provided to the individual would qualify for federal matching funds; or\n(2) (i) The individual is living at home or in the community at the time of the application for waiver services;\n(ii) The individual received home– and community–based services through Community First Choice for at least 30 consecutive days;\n(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;\n(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\n(v) The home– and community–based services provided to the individual would qualify for federal matching funds.\n(b) Nothing in this section is intended to result in a reduction of federal funds available to the Department.","path":["Article - Health - General"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ghg\u0026section=15-137","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:48Z","sha256":"aa209363ca7770e80ee80e9ca9c2f98c9f671ecf46d8adea4fea9200f3905407","source_id":"us-md","stale":false,"prev":"us-md/md.-code-health-general-15-136","next":"us-md/md.-code-health-general-15-138"},"notice":"GroundRules: Original legal text. Not legal advice."}