LAWRENCE J. HOGAN, JR., Governor Ch. 736
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Chapter 736
(House Bill 1020)
AN ACT concerning
Developmental Disabilities Administration – Self–Directed Services
(Self–Direction Act of 2022)
FOR the purpose of requiring the Developmental Disabilities Administration to establish
and provide training materials to coordinators of community services on
self–directed services; requiring coordinators of community services to educate a
certain recipient on self–directed services all models of services available to the
recipient at certain times; providing for the services and manner of delivering
services that the Administration provides to a recipient who receives self–directed
services; requiring that home– and community–based services waiver recipients
receive support broker services; requiring the Administration to submit a certain
waiver application for a certain purpose by a certain date; requiring the
Administration to leverage certain federal funding for a certain purpose; and
generally relating to Developmental Disabilities Administration services.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 7–101
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY adding to
Article – Health – General
Section 7–408 through 7–410
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
7–101.
(a) In this title the following words have the meanings indicated.
(b) “Administration” means the Developmental Disabilities Administration.
(c) (1) “Admission” means the process by which an individual with an
intellectual disability is accepted as a resident in a State residential center.
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(2) “Admission” includes the physical act of the individual entering the
facility.
(d) (1) “Alternative living unit” means a residence that:
(i) Provides residential services for individuals who, because of
developmental disability, require specialized living arrangements;
(ii) Admits not more than 3 individuals; and
(iii) Provides 10 or more hours of supervision per unit, per week.
(2) “Alternative living unit” does not include a residence that is owned or
rented by:
(i) 1 or more of its residents; or
(ii) A person who:
1. Is an agent for any of the residents; but
2. Is not a provider of residential supervision.
(e) “Claim” has the meaning stated in § 2–601 of this article.
(f) “Deputy Secretary” means the Deputy Secretary for Developmental
Disabilities.
(g) “Developmental disability” means a severe chronic disability of an individual
that:
(1) Is attributable to a physical or mental impairment, other than the sole
diagnosis of mental illness, or to a combination of mental and physical impairments;
(2) Is manifested before the individual attains the age of 22;
(3) Is likely to continue indefinitely;
(4) Results in an inability to live independently without external support
or continuing and regular assistance; and
(5) Reflects the need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or other services that are individually planned
and coordinated for the individual.
(h) “External support” means: LAWRENCE J. HOGAN, JR., Governor Ch. 736
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(1) Periodic monitoring of the circumstances of an individual with respect
to:
(i) Personal management;
(ii) Household management; and
(iii) The use of community resources; and
(2) Rendering appropriate advice or assistance that may be needed.
(i) “Fee–for–service” means a method for payment that requires a person to
submit a claim for payment to the Department for each service performed.
(j) “Group home” means a residence that:
(1) Provides residential services for individuals who, because of
developmental disability, require specialized living arrangements;
(2) Admits at least 4 but not more than 8 individuals; and
(3) Provides 10 or more hours of supervision per home, per week.
(k) “Habilitation” means a process by which a provider of services enables an
individual to acquire and maintain life skills to cope more effectively with the demands of
the individual’s own person and environment and to raise the level of the individual’s
mental, physical, social, and vocational functioning.
(L) (1) “INDIVIDUAL–DIRECTED FAMILY AND FAMILY–DIRECTED GOODS
AND SERVICES ” MEANS SERVICES , EQUIPMENT, THERAPIES, TRANSPORTATION
ACTIVITIES, OR SUPPLIES FOR INDI VIDUALS WHO SELF –DIRECT SERVICES THAT :
(I) RELATE TO A NEED O R GOAL IDENTIFIED IN THE
PERSON–CENTERED PLAN OF SERVICE;
(II) MAINTAIN OR INCREASE INDEPENDENCE ;
(III) PROMOTE OPPORTUNITIES FOR COMMUNITY LIVING AND
INCLUSION; AND
(IV) ARE NOT AVAILABLE UND ER A ANOTHER WAIVER SERVICE
OR SERVICES PROVIDED UNDER THE STATE PLAN ESTABLISHE D IN SUBTITLE 3 OF
THIS TITLE.
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(2) “INDIVIDUAL–DIRECTED FAMILY AND FAMILY–DIRECTED GOODS
AND SERVICES ” INCLUDES ANY OTHER ALL GOODS OR SERVICES AU THORIZED
UNDER BY REGULATIONS ADOPT ED OR GUIDANCE ISSUED BY T HE FEDERAL
CENTERS FOR MEDICARE AND MEDICAID SERVICES UNDER § 1915(C) OF THE
SOCIAL SECURITY ACT.
[(l)] (M) (1) “Individual support services” means an array of services that are
designed to increase or maintain an individual’s ability to live alone or in a family setting.
(2) “Individual support services” include:
(i) In–home assistance with meals and personal care;
(ii) Counseling;
(iii) Physical, occupational, or other therapies;
(iv) Architectural modification; and
(v) Any other services that the Administration considers
appropriate to meet the individual’s needs.
(3) “Individual support services” does not include full day or residential
services.
[(m)] (N) “Intellectual disability” means a developmental disability that is
evidenced by significantly subaverage intellectual functioning and impairment in the
adaptive behavior of an individual.
[(n)] (O) “Knowingly” has the meaning stated in § 2–601 of this article.
[(o)] (P) “Live independently” means:
(1) For adults:
(i) Managing personal care, such as clothing and medication;
(ii) Managing a household, such as menu planning, food preparation
and shopping, essential care of the premises, and budgeting; and
(iii) Using community resources, such as commercial establishments,
transportation, and services of public agencies; or
(2) For minors, functioning in normal settings without the need for
supervision or assistance other than supervision or assistance that is age appropriate. LAWRENCE J. HOGAN, JR., Governor Ch. 736
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[(p)] (Q) “Meaningful day services” means employment supports or home– and
community–based supports, other than residential services, that assist an individual in
developing and maintaining skills, interests, and personalized connections that may create
opportunities for paid employment, increased independence, or meaningful relationships
with other individuals in the community.
(R) “PERSON–CENTERED PLAN OF SERVICE ” MEANS THAT A PLAN FO R
SERVICES AND SUPPORTS :
(1) REFLECTS WHAT IS IMPO RTANT TO THE INDIVID UAL AND FOR THE
INDIVIDUAL’S HEALTH AND WELFARE; AND
(2) IS DEVELOPED WITH INP UT FROM THE INDIVIDU AL OR THE
INDIVIDUAL’S REPRESENTATIVE , IF APPLICABLE.
(1) IS DEVELOPED WITH A F OCUS ON THE INDIVIDU AL HAVING
CONTROL OVER THE SER VICES AND SUPPORTS ;
(2) ENSURES THAT THE INDI VIDUAL IS THE PRIMARY CONTRIBUTOR
TO THE PLAN AND MAY RECEIVE SUPPORT FROM OTHER PERSONS SELECT ED BY THE
INDIVIDUAL IN DEVELO PING THE PLAN ;
(3) IDENTIFIES AND ADDRES SES, TO THE EXTENT PRACTI CABLE:
(I) THE INDIVIDUAL ’S PREFERENCES AND IN TERESTS
RELATED TO ACHIEVIN G THE INDIVIDUAL ’S DESIRED LIFESTYLE ; AND
(II) THE SUPPORTS REQUIRED TO ACHIEVE THE INDIV IDUAL’S
DESIRED LIFESTYLE AN D PROVIDED IN A MANN ER THAT ENABLES THE INDIVIDUAL
TO HAVE CONTROL OVER THE INDIVIDUAL ’S DAILY LIFE AND MAI NTAINS THE
INDIVIDUAL’S HEALTH AND WELFARE ; AND
(4) ALIGNS SERVICES AND S UPPORTS TO ENSURE TH AT THE
INDIVIDUAL HAS ACCES S TO THE FULL BENEFI TS OF COMMUNITY LIVI NG IN A
MANNER THAT EMPHASIZ ES THE INDIVIDUAL’S QUALITY OF LIFE, WELL–BEING, AND
INFORMED CHOICE .
[(q)] (S) “Provider” means an individual who is licensed or certified under
Subtitle 9 of this title and provides services to:
(1) A recipient; or
Ch. 736 2022 LAWS OF MARYLAND
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(2) An individual with a developmental disability who receives funding for
services from a source other than the Administration.
[(r)] (T) “Recipient” means an individual who receives services funded by the
Administration under this title.
[(s)] (U) “Release” means a permanent, temporary, absolute, or conditional
release of an individual from a State residential center.
[(t)] (V) “Residential services” means individualized support and services that
assist an individual in developing and maintaining skills in living in the community.
(W) (1) “SELF–DIRECTED SERVICES ” MEANS WAIVER PROGRAM
SERVICES:
(I) FOR WHICH PARTICIPANT S OR THEIR REPRESENT ATIVES
HAVE DECISION–MAKING AUTHORITY OVE R AND TAKE DIRECT RE SPONSIBILITY FOR
MANAGEMENT OF THE SE RVICES WITH THE ASSI STANCE OF AVAILABLE SUPPORTS
CHOSEN BY THE PARTIC IPANT OR THE PARTICI PANT’S REPRESENTATIVE ; AND
(II) THAT ARE PROVIDED IN A MANNER THAT FURTHERS:
1. FURTHERS THE RIGHT OF INDIVID UALS WITH
DISABILITIES, REGARDLESS OF THE PH YSICAL OR INTELLECTUAL CAPACIT Y OF THE
INDIVIDUALS, AND THEIR REPRESENTA TIVES, AS APPLICABLE , TO MAKE CHOICES
ABOUT AND DI RECT ALL ASPECTS OF THEIR LIVES, INCLUDING THROUGH CONTROL
OVER RECEIPT OF, AND FUNDING FOR , SUPPORT SERVICES BY CHOOSING AND
CONTROLLING THE DELI VERY OF WAIVER SERVI CES, WHO PROVIDES THE SER VICES,
AND HOW SERVICES ARE PROVIDED; AND
2. RECOGNIZES THAT ALL INDIVIDUALS HAVE THE
CAPACITY TO MAKE CHO ICES AND MAY BE SUPP ORTED IN MAKING CHOI CES.
(2) “SELF–DIRECTED SERVICES ” INCLUDES SERVICES TH AT:
(I) PROVIDE AN INDIVIDUAL WITH:
1. THE DECISION–MAKING EMPLOYER AUTH ORITY TO
RECRUIT, HIRE, TRAIN, AND SUPERVISE, AND DISMISS THE INDIVIDUALS
EMPLOYEES AND VENDOR S WHO FURNISH THE INDI VIDUAL’S SERVICES; AND
2. THE BUDGET AUTHORITY OVER HOW FUNDS IN A
BUDGET ARE SPENT WITHIN THE TOTAL APP ROVED ANNUAL BUDGET ;
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(II) MAXIMIZE THE OPPORTUN ITIES OF AN INDIVIDUAL TO LIVE
AS INDEPENDENTLY AS POSSIBLE IN THE MOST INCLUSIVE COMMUNITY –BASED
SETTING OF THE INDIV IDUAL’S CHOICE;
(III) EMPOWER AN INDIVIDUAL TO EXERCISE CHOICE A ND
CONTROL OVER NEEDED LONG–TERM SERVICES AND SU PPORTS; AND
(IV) HELP TO MAIN TAIN AND IMPROVE THE INDIVIDUAL ’S
HEALTH AND QUALITY O F LIFE IN THE INDIVIDUAL’S COMMUNITY .
[(u)] (X) “Services” means residential, day, or other services that provide for
evaluation, diagnosis, treatment, care, supervision, assistance, or attention to individuals
with developmental disability and that promote habilitation of these individuals.
[(v)] (Y) “Services coordination” means a service that consists of the following 3
major functions that are designed to assist an individual in obtaining the needed services
and programs that the individual desires in order to gain as much control over the
individual’s own life as possible:
(1) Planning services;
(2) Coordinating services; and
(3) Monitoring service delivery to the individual.
[(w)] (Z) “State residential center” means a licensed facility operated by the
State that provides residential and habilitation services to individuals with an intellectual
disability who are at least 18 years old and meet the criteria set forth in § 7–502 of this
title.
(AA) “SUPPORT BROKER ” MEANS A PERSON WHO ADVOCATES ON BEHALF OF
AND AS DIRECTED BY WORKS AT THE DIRECTI ON OF AND FOR THE BE NEFIT OF AN
INDIVIDUAL WHO USES SELF–DIRECTED SERVICES , INCLUDING BY ASSISTI NG THE
INDIVIDUAL OR THE INDIVIDUAL ’S FAMILY OR OTHER REPRESENTATIVE ANOTHER
INDIVIDUAL CHOSEN BY THE INDIVIDUAL WITH:
(1) MAKING INFORMED DECIS IONS IN ARRANGING FO R, DIRECTING,
AND MANAGING SERVICE S THE INDIVIDUAL REC EIVES, INCLUDING DECISIONS
RELATED TO PERSONNEL REQUIREMENTS AND RES OURCES NEED ED TO MEET THE
REQUIREMENTS ;
(2) ACCESSING AND MANAGIN G IDENTIFIED SUPPORT S AND
SERVICES BEST SUITED FOR THE INDIVIDUAL ; AND
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(3) PERFORMING OTHER TASK S AS ASSIGNED BY THE INDIVIDUAL
AND AS AUTHORIZED BY REGULATIONS ADOPTED OR GUIDANCE ISSUED B Y THE
FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES UNDER § 1915(C) OF
THE SOCIAL SECURITY ACT.
[(x)] (BB) “Support services” means supports that assist an individual to maintain
or improve the individual’s functional abilities, enhance interactions, or engage in
meaningful relationships in the home or community.
[(y)] (CC) “Treatment” means any education, training, professional care or
attention, or other program that is given to an individual with developmental disability.
[(z)] (DD) “Vocational services” means a service that provides job training and
placement, supported employment and training in acceptable work behaviors, and
vocationally–related social and other skills.
[(aa)] (EE) “Waiver program” means each Medicaid Home – and
Community–Based Services Waiver funding program submitted by the Department and
approved by the federal Centers for Medicare and Medicaid Services in accordance with §
1915(c) of the Social Security Act that is overseen and administered by the Administration.
[(bb)] (FF) “Waiver program services” means services funded by the
Administration in accordance with a waiver program, including:
(1) Meaningful day services;
(2) Residential services; and
(3) Support services.
7–408.
(A) THE ADMINISTRATION , IN CONSULTATION WITH STAKEHOLDERS ,
SHALL ESTABLISH AND PROVIDE TRAINING MAT ERIALS TO COORDINATO RS OF
COMMUNITY SERVICES SPECIFICALLY ON THE SELF–DIRECTED SERVICES MODEL OF
RECEIVING SERVICES , INCLUDING TRAINING MATERIALS O N SELF–DIRECTED
SERVICES, PROCEDURES , POLICIES, AND RESOURCES .
(B) AS PART OF THE PROCES S OF DEVELOPING A PE RSON–CENTERED PLAN
OF SERVICE FOR A REC IPIENT, A COORDINATOR OF COM MUNITY SERVICES SHAL L
EDUCATE THE RECIPIEN T ON THE AVAILABILITY OF SELF–DIRECTED SERVICES ALL
MODELS OF SERVICE AV AILABLE TO THE RECIP IENT, INCLUDING SELF –DIRECTED
SERVICES, TRADITIONAL SERVICES , AND PROVIDER –MANAGED SERVICES , TO
ASSIST THE RECIPIENT AND THE RECIPIENT ’S FAMILY OR REPRESEN TATIVE IN LAWRENCE J. HOGAN, JR., Governor Ch. 736
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MAKING AN INFORMED C HOICE ON WHICH SERVI CES THE RECIPIENT WOULD LIKE
TO RECEIVE:
(1) WHEN THE INDIVIDUAL B EGINS RECEIVING SERV ICES FROM A
COORDINATOR OF COMMU NITY SERVICES; AND
(2) AT LEAST ONCE EACH YE AR THAT THE INDIVIDU AL IS RECEIVING
SERVICES FROM A COOR DINATOR OF COMMUNITY SERVICES.
(C) A COORDINATOR OF COMMU NITY SERVICES SHALL REPORT TO THE
ADMINISTRATION , IN THE FORM AND MANN ER REQUIRED BY THE ADMINISTRATION ,
THAT THE COORDINATOR OFFERED PROVIDED INFORMATION ON SELF–DIRECTED
SERVICES, TRADITIONAL SERVICES , AND PROVIDER –MANAGED SERVICES TO AN
INDIVIDUAL IN ACCORD ANCE WITH THIS SECTI ON.
7–409.
(A) THE ADMINISTRATION SHALL PROVIDE TO A RECIPIE NT WHO RECEIVES
SELF–DIRECTED SERVICES :
(1) INDIVIDUAL–DIRECTED FAMILY AND FAMILY–DIRECTED GOODS
AND SERVICES IN AN A MOUNT BASED ON THE R ECIPIENT’S NEEDS AND INCLUDED IN
THE RECIPIENT ’S PERSON–CENTERED PLAN OF SER VICE AS CALCULATED ON:
(I) ON AN ANNUAL BASIS ; AND
(II) WITHIN THE LIMITS OF THE APPROVED ANNUAL BUDGET
GENERATED BY THE DEPARTMENT ’S LONG TERM SERVICES AND SUPPORTS
SOFTWARE SYSTEM OR ITS REPLACEMENT S YSTEM;
(2) ACCESS TO THE RECIPIE NT’S PLAN OF SERVICE AN D BUDGETS
FOR THE PLAN OF SERV ICE THROUGH THE DEPARTMENT ’S LONG TERM SERVICES
AND SUPPORTS SOFTWARE SYS TEM OR ITS REPLACEMENT S YSTEM;
(3) UP TO 40 30 HOURS OF SUPPORT BRO KER SERVICES EACH
MONTH, AS NEEDED BY THE REC IPIENT AND WITHIN THE RECIP IENT’S TOTAL
APPROVED ANNUAL BUDG ET;
(4) AN OPTION FOR A FAMIL Y MEMBER OR LEGAL GU ARDIAN OF THE
RECIPIENT TO PROVIDE SERVICES FOR THE REC IPIENT, IF:
(I) THE RECIPIENT OR AN INDI VIDUAL AUTHORIZED TO MAKE
CARE DECISIONS ON BE HALF OF THE RECIPIEN T CHOOSES THE FAMILY MEMBER TO
PROVIDE THE SERVICES ; AND Ch. 736 2022 LAWS OF MARYLAND
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(II) THE RECIPIENT ALSO HI RES A SUPPORT BROKER ;
(5) REIMBURSEMENT PAID ON A PER–MILE BASIS FOR
TRANSPORTAT ION PROVIDED TO THE RECIPIENT BY AN INDI VIDUAL WHO IS NOT
EMPLOYED BY THE INDI VIDUAL, IF THE TRANSPORTATIO N IS RELATED TO THE
OWNER OF A SPECIALIZ ED, MODIFIED, OR ACCESSIBLE VEHICL E DRIVEN BY AN
EMPLOYEE OF THE RECI PIENT AND FOR THE PU RPOSE OF THE RECIPIE NT
ENGAGING IN ACTIVITI ES SPECIFIED IN THE RECIPIENT’S PERSON–CENTERED PLAN
OF SERVICE;
(6) A BUDGET FOR SELF –DIRECTED SERVICES TH AT PROVIDES
SUBSTANTIALLY SIMILA R SERVICES AS THOSE PROVIDED TO A RECIPI ENT WHO
DOES NOT SELF –DIRECT SERVICES , INCLUDING FU NDING FOR MANAGERIAL OR
DIRECT SUPPORT POSIT IONS THE ABILITY TO USE F UNDS FROM THE RECIPI ENT’S
APPROVED ANNUAL BUDG ET FOR THE PURPOSE O F FUNDING AT LEAST O NE
POSITION TO ASSIST T HE RECIPIENT IN MANA GING THE RECIPIENT ’S HOME, STAFF,
AND OTHER ADMINISTRA TIVE DUTIES AND PAY ADMIN ISTRATIVE EXPENSES N EEDED
TO OPERATE THE RECIP IENT’S PLAN OF SERVICE , INCLUDING INTERNET SERVICE
AND OFFICE EQUIPMENT ;
(7) AN OPTION FOR A RECIP IENT WHO HAS A DEMON STRATED NEED
FOR OVERNIGHT SUPPOR TS PROVIDED THROUGH PER SONAL SUPPORT SERVICES
CARRIED OUT USING TH E RECIPIENT’S EMPLOYER OR BUDGET AUTHORITY TO
DIRECT AND CHOOSE TH E EMPLOYEE, VENDOR, OR PROVIDER OF THE OVER NIGHT
SUPPORTS, INCLUDING WHETHER TO USE FUNDING IN THE R ECIPIENT’S BUDGET
FOR SELF–DIRECTED SERVICES AL LOCATED FOR PERSONAL SUPPO RT SERVICES
FOR OVERNIGHT SUPPOR TS;
(8) THE CHOICE OF A VENDO R TO PROVIDE FISCAL MANAGEMENT
SERVICES FROM AT LEA ST THREE OPTIONS ;
(9) THE OPTION TO EMPLOY A REPRESENTATIVE , SUPPORT BROKER ,
OR TEAM OF INDIVIDUA LS TO SUPPORT THE RE CIPIENT IN DIRECTING SERVICES;
AND
(10) TRAINING FOR A REPRES ENTATIVE, SUPPORT BROKER , OR TEAM
OF INDIVIDUALS ON SE LF–DIRECTED SERVICES .
(B) SUBJECT TO SUBSECTION (A)(3) OF THIS SECTION , THE
ADMINISTRATION SHALL PROVIDE TO A RECIPIE NT OF SELF–DIRECTED SERVICES
ANY SUPPORT BROKER S ERVICES THAT ARE :
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(1) AUTHORIZED UNDER BY REGULATIONS ADOPT ED OR GUIDANCE
ISSUED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES IN § 1915(C) OF
THE SOCIAL SECURITY ACT; AND
(2) SELECTED BY THE RECIP IENT.
(C) (1) THE SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
ADMINISTRATION MAY NO T ESTABLISH A LIMIT ON:
(1) (I) THE DOLLAR AMOUNT OF INDIVIDUAL–DIRECTED FAMILY
AND FAMILY–DIRECTED GOODS AND SERVICES P ROVIDED TO A RECIPIE NT; OR
(2) (II) THE NUMBER OF HOURS O F OVERNIGHT SUPPORTS
PERSONAL SUPPORT SER VICES PROVIDED TO A RECIPI ENT WHO RECEIVES
SELF–DIRECTED SERVICES THAT:
1. ARE NECESSARY FOR THE HEALTH AND SAFETY OF
THE RECIPIENT ; AND
2. ARE AUTHORIZED BY REG ULATIONS ADOPTED OR
GUIDANCE ISSUED BY T HE FEDERAL CENTERS FOR MEDICARE AND MEDICAID
SERVICES UNDER § 1915(C) OF THE SOCIAL SECURITY ACT.
(2) A RECIPIENT MAY NOT RE CEIVE SERVICES OR SU PPORTS IN
EXCESS OF THE RECIPI ENT’S ANNUAL APPROVED BU DGET.
(D) THE STATE MAY NOT REQUIRE A RECIPIENT TO DEMON STRATE
COMPETENCY BEFORE TH E ADMINISTRATION AUTHOR IZES THE RECIPIENT T O
RECEIVE SELF–DIRECT SERVICES .
7–410.
(A) THE ADMINISTRATION SHALL PROVIDE UP TO 40 30 HOURS OF
SUPPORT BROKER SERVI CES EACH MONTH TO A RECIPIENT OF WAIVER SERVICES,
AS NEEDED BY THE RECIPIENT AND WITHIN THE RECIPIENT ’S TOTAL APPROVED
ANNUAL BUDGET .
(B) SUBJECT TO SUBSECTION (A) OF THIS SECTION, THE ADMINISTRATION
SHALL PROVIDE TO A R ECIPIENT OF WAIVER S ERVICES ANY SUPPORT BROKER
SERVICES THAT ARE AU THORIZED UNDER BY REGULATIONS ADO PTED OR GUIDANCE
ISSUED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES UNDER §
1915(C) OF THE SOCIAL SECURITY ACT.
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SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2023,
the Developmental Disabilities Administration shall submit to the Centers for Medicare
and Medicaid Services an amendment to the Community Pathways Waiver that includes
the overnight supports requirements established under Section 1 of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That on or before January 1 each
year, beginning in 2023 and ending in 2026, the Developmental Disabilities Administration
shall report to the General Assembly, in accordance with § 2–1257 of the State Government
Article, on the progress in implementing the requirements established under Section 1 of
this Act and the recommendations outlined in the Self–Directed Advocacy Network of
Maryland’s “Recommendations to Summary Study Workgroup House Bill 318 of 2021”.
SECTION 4. AND BE IT FURTHER ENACTED, That, to the extent authorized by
law, the Developmental Disabilities Administration shall leverage federal funding,
including funding provided by the Centers for Medicare and Medicaid Services, to pay for
the services established under this Act.
SECTION 5. AND BE IT FURTHER ENACTED, That the Maryland Department of
Health shall:
(1) collect utilization data on recipients of self–directed services and
determine the fiscal impact of expanding services as required under Section 1 of this Act;
and
(2) on or before January 1, 2023, provide a baseline report to the General
Assembly, in accordance with § 2–1257 of the State Government Article, on the utilization
and cost of self–directed services.
SECTION 6. AND BE IT FURTHER ENACTED, That, on or before October 1, 2024,
the Maryland Department of Health shall report to the General Assembly, in accordance
with § 2–1257 of the State Government Article, on the findings and recommendations of
the Maryland Department of Health related to the expansion of self–directed services as
required under Section 1 of this Act.
SECTION 5. 7. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.