§ 15-137. Home-based and community services for residents of nursing facilities -- Denial of access prohibited

   (a) In general. -- 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:

   (1) The individual is living in a nursing facility at the time of the application for waiver services;

   (2) At least 30 consecutive days of the individual's nursing facility stay are eligible to be paid for by the Program;

   (3) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver; and

   (4) The home- and community-based services provided to the individual would qualify for federal matching funds.

(b) Federal funds. -- Nothing in this section is intended to result in a reduction of federal funds available to the Department.

HISTORY: 2003, ch. 303; 2010, ch. 442.