Money Follows the Individual Act

This law makes it illegal for DHMH to refuse an individual access to a home- and community-based services waiver if:

• the individual is living in a nursing home at the time of the application for waiver services;
• the nursing home services for the individual were paid by the Maryland Medical Assistance program for at least 30 consecutive days immediately prior to the application;
• the individual meets all of the eligibility criteria for participation in the home- and community-based services waiver; and
• the home- and community-based services provided to the individual would qualify for federal matching funds.

On or before September 1, 2003, the Department of Health and Mental Hygiene shall notify all nursing home residents whose nursing home services were paid for by the Maryland Medical Assistance Program for at least 30 consecutive days prior to the application for home-and community-based services about the opportunity to apply for participation in a home- and community-based services waiver.

On or before January 1 of each year, the Secretary of Health and Mental Hygiene shall submit a report to the General Assembly on:

• State efforts to promote home- and community-based services under this Act; and
• the number of individuals who have transitioned from nursing homes to home- and community-based waiver services.

Effective July 1, 2003.