reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part I - State Residential Centers › Section 7-508 - Release From State Residential Center

(a)    At the direction of the Secretary, an individual who has been admitted under this subtitle shall be released from a State residential center if:
(1)    The individual is not an individual with an intellectual disability;
(2)    The individual is an individual with an intellectual disability but does not need residential services; or
(3)    There is an available, less restrictive kind of service that is consistent with the welfare and safety of the individual.
(b)    (1)    At the direction of the Secretary, any individual who has been admitted under this subtitle may be released conditionally from a State residential center for individuals with an intellectual disability, if, in the judgment of the Secretary, the individual:
(i)    Would be cared for properly by the individual or another person; and
(ii)    Would not endanger the individual or the person or property of another.
(2)    The Secretary may set the conditions for release that the Secretary considers reasonable. The conditions may relate to:
(i)    The duration of the release;
(ii)    Treatment during release; or
(iii)    Placement under supervised care in an approved setting.
(3)    An individual with an intellectual disability released conditionally is considered to be held by the State residential center from which the individual was released.
(c)    Each determination of any release of an individual, whether full or conditional, including a summary of the reasons for the determination, shall be made a permanent part of the individual’s record.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part I - State Residential Centers › Section 7-509 - Respite Care

(a)    In this section, “respite care” means care that is made available for an individual with an intellectual disability in a State residential center to provide relief for the person with whom the individual ordinarily lives.
(b)    Under regulations that the Department adopts, each State residential center shall reserve at least 2 percent, but not more than 4 percent, of its total beds for respite care.
(c)    Respite care for an individual may not exceed 45 days within any 1–year period or 28 consecutive days.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part II - Citizens' Advisory Boards › Section 7-512 - Members

(a)    (1)    Each board consists of 7 members appointed by the Governor.
(2)    The board for each State residential center shall reflect adequately the composition of the community that the State residential center serves.
(3)    Of the 7 members of the board for a State residential center:
(i)    At least 2 shall be parents or other relatives or guardians of residents of that State residential center; and
(ii)    Each of the others shall be individuals who:
1.    Are known for their interest in civic and public affairs; and
2.    Have expressed an active interest in the care of individuals with an intellectual disability, or generally in intellectual disability endeavors.
(4)    The Governor shall appoint the members from a list of qualified individuals submitted to the Governor by the Secretary. The number of names on the list shall be at least twice the number of vacancies.
(b)    Each member of the board for a State residential center shall be a resident of the region that the State residential center serves.
(c)    (1)    The term of a member is 4 years.
(2)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(3)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(4)    A member who serves 2 consecutive full 4-year terms may not be reappointed for 4 years after the completion of those terms.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part II - Citizens' Advisory Boards › Section 7-513 - Officers

(a)    From among its members, each board shall elect a chairperson and other officers that the board considers necessary.
(b)    The manner of election of officers and their terms of office shall be as the board determines.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part II - Citizens' Advisory Boards › Section 7-514 - Meetings; Compensation

(a)    Each board shall meet at least 4 times a year, at the times and places that it determines.
(b)    A member of a board:
(1)    May not receive compensation; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part II - Citizens' Advisory Boards › Section 7-515 - Regulations for Conduct of Meetings; Reports

(a)    Each board may adopt regulations for the conduct of its meetings.
(b)    (1)    Each board serves in an advisory capacity.
(2)    Each board shall:
(i)    Submit to the Secretary an annual report on:
1.    The needs of individuals with an intellectual disability; and
2.    The extent to which its State residential center meets these needs;
(ii)    Advise the administrative head of the State residential center on its goals, programs, and policies;
(iii)    Help in evaluating the degree to which these goals are achieved;
(iv)    Review and make recommendations about the annual budget of the State residential center;
(v)    Assume leadership in developing community understanding of the needs of individuals with an intellectual disability; and
(vi)    Carry out any other responsibility that the administrative head of the State residential center requests.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part III - Miscellaneous Provisions › Section 7-516 - Appointment of Employees as Law-Enforcement Officers

The administrative head for each State residential center may appoint any employee as a law–enforcement officer and, while the employee holds a special police commission issued by the Governor, the employee may:
(1)    Return an individual with an intellectual disability to the State residential center from which the individual has left without approved leave; and
(2)    Be used to protect individuals or property at the State residential center.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part III - Miscellaneous Provisions › Section 7-517 - Intermediate Care Facility for Individuals With Intellectual Disability

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “ICF–ID income” means all revenues received by an ICF–ID from any source providing ICF–ID  services to residents of the facility.
(3)    “Intermediate care facility for individuals with an intellectual disability (ICF–ID)” means a State residential center for individuals with an intellectual disability.
(b)    (1)    Each ICF–ID operating in Maryland is subject to an assessment of 6% of all ICF–ID  income.
(2)    The assessment required by this section shall:
(i)    Be paid by each ICF–ID in accordance with this section; or
(ii)    Terminate if the assessment is not permissible under Section 1903(w) of the Social Security Act.
(c)    On or before the 15th day of each quarter of the State fiscal year, each ICF–ID shall pay to the Department 6% of the ICF–ID income received during the previous fiscal quarter.
(d)    For fiscal year 2004, the assessment required by this section shall be paid on or before June 20, 2004, based on the ICF–ID income received during the period from April 1, 2003 through March 31, 2004.
(e)    The Department may adopt regulations to implement this section.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part I - General Provisions › Section 7-602 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Private group home” means a group home that is not a public group home, whether or not public funds are used to finance, wholly or partly, the acquisition, construction, improvement, rehabilitation, maintenance, or operation of the group home.
(c)    “Public group home” means a group home that is owned by or leased to the State or a political subdivision of the State, whether or not this group home is maintained and operated by a private, nonprofit person.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part I - General Provisions › Section 7-603 - Designation as Single-Family Dwelling

(a)    This section applies only to public group homes, nonprofit private group homes, and alternative living units.
(b)    (1)    To avoid discrimination in housing and to afford a natural, residential setting, a group home or an alternative living unit for individuals with developmental disability:
(i)    Is deemed conclusively a single-family dwelling;
(ii)    Is permitted to locate in all residential zones; and
(iii)    May not be subject to any special exception, conditional use permit, or procedure that differs from that required for a single-family dwelling.
(2)    The provision of separately identified living quarters for staff may not affect the conclusive designation as a single-family dwelling under paragraph (1)(i) of this subsection.
(3)    A general zoning ordinance, rule, or regulation of any political subdivision that conflicts with the provisions of this section or any rule or any regulation that carries out the purpose of this section is superseded by this section to the extent of any conflict.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part II - Public Group Homes › Section 7-604 - Determination of Need

(a)    The Secretary shall, in accordance with the State plan established under Subtitle 3 of this title, determine the need, if any, for one or more public group homes for individuals with developmental disability in each county or multicounty region of the State.
(b)    In making the determination, the Secretary shall consult with the following:
(1)    The governing body of each county;
(2)    The State Board of Education;
(3)    County boards of education;
(4)    Consumer groups; and
(5)    Other public and private agencies.
(c)    The part of the State plan that relates to the need for public group homes shall be sent to each county.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part II - Public Group Homes › Section 7-605 - Sites

(a)    (1)    If the Secretary certifies that a public group home is needed in a county or multicounty region, the county or counties of the region, in consultation with the local consumer groups, promptly shall choose a site that meets the requirements of the State plan.
(2)    Before submitting a proposed site to the Secretary, the governing body of the county where the site is located shall hold at least 1 public hearing in that county.
(b)    The Secretary shall cooperate with and help the county or counties to choose a suitable site.
(c)    If within 6 months after the Secretary certifies a need for a public group home, a suitable site is not submitted to the Secretary, the Secretary shall declare the county or counties to be in default. However, for good cause shown, the Secretary may extend the 6-month period not more than another 3 months.
(d)    Within 3 months after the default by a county or counties, the Secretary shall:
(1)    Choose a suitable site; and
(2)    After holding a public hearing in the county where the site is located, recommend the site to the Board of Public Works.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part II - Public Group Homes › Section 7-606 - Acquisition of Sites

(a)    (1)    If the Board of Public Works approves the site that has been chosen by the Secretary, on a default by a county or counties, the State may:
(i)    Acquire the site by lease or purchase, condemnation, or otherwise; and
(ii)    Renovate a building or build a public group home that meets the requirements of:
1.    The State plan;
2.    The regulations issued under § 7–904 of this title relating to community–based residential services; and
3.    The program accessibility requirements of the federal regulations (45 C.F.R. §§ 84.21 through 84.23).
(2)    Before acquiring the site, the Secretary shall give the governing body for the county where the site is located and the community around the site notice of the intention of the State to acquire and improve the site.
(b)    Each public group home that is acquired under this section shall be operated by:
(1)    A private, nonprofit person, on terms and conditions as the Secretary approves; or
(2)    The State as a provider of last resort on an interim basis until a suitable private operator can be found.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part III - Private Group Homes › Section 7-608 - Certificates of Approval -- Obtaining

In addition to holding a license required under Subtitle 9 of this title or any other license required by law, a person shall obtain a certificate of approval from the Secretary before the person may establish a private group home.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part III - Private Group Homes › Section 7-609 - Certificates of Approval -- Qualifications

To qualify for a certificate of approval, an applicant shall satisfy the Secretary that:
(1)    The proposed private group home is consistent with the State plan;
(2)    The applicant is a proper person to receive a certificate of approval;
(3)    The proposed private group home is appropriate for the stated purpose;
(4)    The proposed private group home meets or, on completion, will meet the licensing requirements of Subtitle 9 of this title;
(5)    The proposed private group home meets or, on completion, will meet all of the general zoning requirements that apply to the site and that relate to:
(i)    The height and size of any buildings that are involved;
(ii)    The land that may be covered or occupied;
(iii)    The open space requirements;
(iv)    The density requirements; and
(v)    The use of any land or buildings; and
(6)    The applicant’s facilities meet the federal regulation requirements on program accessibility (45 C.F.R. §§ 84.21 through 84.23).
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part III - Private Group Homes › Section 7-610 - Certificates of Approval -- Application

(a)    An applicant for certificate of approval shall submit an application to the Department on the form that the Secretary requires.
(b)    The application shall:
(1)    Be signed and verified by the applicant; and
(2)    Provide the information that the Secretary requires, including:
(i)    The name and address of the applicant;
(ii)    The street address of the property where the private group home is to be located or, if no address, a description which identifies the property;
(iii)    If the applicant does not own the property, the name of the owner;
(iv)    A statement that the applicant will comply with the laws, rules, and regulations that relate to the establishing and operating of private group homes under this subtitle;
(v)    A statement that the applicant has sufficient resources to establish a private group home, or that those resources are available to the applicant;
(vi)    A statement that the applicant’s facilities meet the federal regulation requirements on program accessibility (45 C.F.R. §§ 84.21 through 84.23); and
(vii)    A statement that the applicant will:
1.    Establish and implement a safety plan for the safety of individuals served by the private group home; or
2.    Implement a safety or emergency plan established for the private group home for another purpose.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part III - Private Group Homes › Section 7-611 - Investigations; Hearings; Notice; Annual Report

(a)    When an application for certificate of approval is filed, the Department shall have an investigation made of:
(1)    The applicant;
(2)    The private group home for which approval is sought;
(3)    The facts stated in the application;
(4)    The number of other group homes or alternative living units in the neighborhood;
(5)    The public utilities and services available; and
(6)    The access to transportation, shopping and recreational facilities, and health-related services.
(b)    When an application for certificate of approval is filed, the Secretary shall hold a public hearing on the application.
(c)    (1)    The Secretary shall publish a notice of the hearing within 60 days of receipt of the completed application.
(2)    The notice shall state:
(i)    The name of the applicant;
(ii)    The type of approval that is sought;
(iii)    The location of the proposed private group home; and
(iv)    The time and place that the Secretary sets for the hearing, which shall be at least 7 but not more than 15 days after the last publication of the notice.
(d)    The notice shall be published at least twice in 1 week:
(1)    In 2 newspapers published in the county where the private group home is to be located;
(2)    If only 1 newspaper is published in that county, in that newspaper; or
(3)    If a newspaper is not published in that county, any newspaper with substantial circulation in that county.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 6 - Community-Based Residential Programs › Part III - Private Group Homes › Section 7-612 - Issuance; Approval or Denial

(a)    The Secretary shall issue a certificate of approval to any applicant who meets the requirements under this Part III of this subtitle.
(b)    Unless an applicant agrees to extend the time, the Secretary shall approve or deny an application for certificate of approval within 30 days after the hearing required by § 7-611 of this subtitle.
(c)    If the Secretary fails to approve or deny the application within that time, the application shall be deemed to be approved, and the Administration shall issue a certificate of approval.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part I - Family Support Services Program › Section 7-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Eligible child” means an individual with developmental disability under the age of 22 years who is:
(1)    In an out-of-home placement; or
(2)    At immediate risk of out-of-home placement.
(c)    (1)    “Family” means an eligible child’s natural, adoptive, or foster parents.
(2)    “Family” includes:
(i)    A guardian;
(ii)    A person acting as a parent of a child; or
(iii)    A relative or stepparent with whom a child lives.
(d)    (1)    “Family support services” means a program designed to enable a family to provide for the needs of a child with developmental disability living in the home.
(2)    “Family support services” includes:
(i)    Individual and family counseling;
(ii)    Personal care;
(iii)    Day care;
(iv)    Specialized equipment;
(v)    Health services;
(vi)    Respite care;
(vii)    Housing adaptations;
(viii)    Transportation; and
(ix)    Other necessary services.
(e)    “Program” means the Family Support Services Program.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part I - Family Support Services Program › Section 7-702 - Legislative Findings and Declaration

(a)    The General Assembly finds and declares that:
(1)    There are over 2,500 disabled children placed outside of their homes by State agencies;
(2)    Because of a lack of support services within the community, families are often forced to place their disabled children outside the home and excessive costs are associated with certain residential placements;
(3)    The family support services project sponsored by the Maryland State Planning Council on Developmental Disabilities has demonstrated that disabled children can be returned to the community and new residential placements prevented when support services for families are available;
(4)    Family support services enable families to provide for the needs of their disabled children in the least restrictive setting; and
(5)    Maintaining disabled children with their families has been demonstrated to be cost effective.
(b)    The General Assembly declares that it is the policy of this State to enhance the quality of life for children with developmental disability and their families, to preserve family unity, and to promote family stability by:
(1)    Providing essential family support services to assist families in caring for children with developmental disability in the home; and
(2)    Diminishing the use of residential placements for children with developmental disability.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part I - Family Support Services Program › Section 7-703 - Creation of Program; Functions; Sliding Payment Scale for Reimbursement; Coordinating Services Available Under Existing Programs

(a)    (1)    There is a Family Support Services Program.
(2)    The Administration shall contract with private nonprofit community-based organizations for the provision of family support services in each county of the State.
(3)    The Administration shall base the amount of a grant to a county upon the needs of the eligible families in each locality in accordance with the data available through the Family Support Services Consortium Project for localities of comparable size.
(b)    The Administration shall implement a sliding payment scale for reimbursement from families financially able to pay for all or part of the services under the Program.
(c)    (1)    Before using Program funds, the Program shall coordinate and assist any eligible child and family in receiving services available under existing programs including:
(i)    Respite care under Title 7, Subtitle 2 of the Human Services Article;
(ii)    Day care services;
(iii)    Homemaker services;
(iv)    Personal care;
(v)    Services to families with children under § 4–402 of the Family Law Article;
(vi)    Children’s medical services under § 15–125 of this article;
(vii)    Attendant care services under Title 7, Subtitle 4 of the Human Services Article; and
(viii)    Other applicable federal and local programs.
(2)    The Program shall assist in providing family support services that are not otherwise available.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part I - Family Support Services Program › Section 7-704 - Requests for Budgetary Support

(a)    Beginning July 1, 1986 and each fiscal year thereafter, the Secretary shall request budget support that is sufficient to operate the Program and shall continue to provide family support services at least for the level in effect on June 30, 1986.
(b)    (1)    The Secretary shall request budget support that is sufficient to operate the family support services project initiated by the Maryland State Planning Council on Developmental Disabilities and serving Baltimore County and Anne Arundel County by July 1, 1988, and shall assume financial responsibility to the extent that funds are provided by the Governor in the budget.
(2)    By July 1, 1990, the Secretary shall request budget support sufficient to provide family support services in every county of the State and Baltimore City. The Department shall assume financial responsibility for the Program to the extent that funds are provided in the budget by the Governor.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part II - Local Funding › Section 7-705 - Use of Local Funds for Day Habilitation and Vocational Services

For day habilitation and vocational services, the Administration shall also use local funds. The local funds shall be limited to the amount paid by each jurisdiction in fiscal year 1984.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part III - Individual Support Services Program › Section 7-706 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “Eligible person” means an individual with a developmental disability that is likely to continue indefinitely or an individual with a severe chronic disability that 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 that is likely to continue indefinitely.
(c)    (1)    “Individual support services” means a program designed to assist eligible persons in developing their maximum potential and in maintaining themselves in the community.
(2)    “Individual support services” includes:
(i)    Identification services;
(ii)    Training and support for self–advocacy;
(iii)    Therapeutic services;
(iv)    Individual and family counseling;
(v)    Medical equipment purchase, rental, and repair;
(vi)    Crisis intervention and follow–up;
(vii)    Attendant care;
(viii)    Respite services;
(ix)    Barrier removal;
(x)    Transportation assistance;
(xi)    Community integration services;
(xii)    Employment related services; and
(xiii)    Other services to maximize independence, productivity, and integration within the community.
(d)    “Program” means the Individual Support Services Program.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part III - Individual Support Services Program › Section 7-707 - Purpose

(a)    The General Assembly finds and declares that:
(1)    Persons with disabilities should be afforded the opportunity to achieve their maximum potential through increased independence, productivity, and integration into the community.
(2)    Services provided to persons with disabilities should be provided within a natural home setting in a manner that is responsive to the person’s needs and does not overly intrude into the person’s life.
(3)    Individual support services are flexible, creative services provided in accordance with unique individual needs.
(4)    Individual support services promote the development of the individual’s inner strengths and encourage informal support networks consisting of family, friends, and the community.
(5)    The provision of individual support services is cost effective because reliance upon more expensive day and residential services is diminished.
(6)    Although the focus of the Individual Support Services Program is upon the adult with a disability, the provision of individual support services may begin with young adults in adolescence.
(b)    The General Assembly declares that it is the policy of this State to promote the independence, productivity, and integration within the community for individuals with severe disabilities by providing an array of individual support services.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part III - Individual Support Services Program › Section 7-708 - Establishment of Program

(a)    There is an Individual Support Services Program.
(b)    The Administration shall enter into grant agreements for the provision of individual support services in all counties of the State.
(c)    Eligible persons selected for services by the Administration shall be informed of individual support services and encouraged to use them, as appropriate, prior to being offered full day or residential services.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part IV - Community Supported Living Arrangements Services Program › Section 7-709 - Definitions

(a)    In this Part IV the following words have the meanings indicated.
(b)    (1)    “Community supported living arrangements services” means services to assist an individual with developmental disabilities in activities of daily living necessary to permit the individual to live in the individual’s own home, apartment, family home, or rental unit with no more than 2 other individuals who are recipients of these services.
(2)    “Community supported living arrangements services” includes:
(i)    Personal assistance;
(ii)    Training and habilitation services necessary to assist the individual in achieving increased integration, independence, and productivity;
(iii)    24–hour emergency assistance;
(iv)    Assistive technology;
(v)    Adaptive equipment;
(vi)    Support services necessary to enable the individual to participate in community activities;
(vii)    Case management services; and
(viii)    Other services, as approved by the Secretary.
(c)    “Eligible individual” means an individual who:
(1)    Has a developmental disability as defined in § 7–101(g) of this title; or
(2)    Is eligible only for individual support services, as provided in § 7–403(c) of this title.
(d)    “Program” means the Community Supported Living Arrangements Services Program.
(e)    “Support services” means individual support services and family support services as defined in this title.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part IV - Community Supported Living Arrangements Services Program › Section 7-710 - Findings; Policies

(a)    The General Assembly finds and declares that:
(1)    The Developmental Disabilities Administration has funded individuals with developmental disabilities in successful residential programs in the communities of the State;
(2)    Recipients of services are capable and eager to determine the services and homes they desire to a greater degree than allowed under the present system;
(3)    Currently, to obtain residential service, individuals with developmental disabilities must fit into “slots” available in existing service delivery systems, rather than being supported in their own homes;
(4)    Support services can be tailored to the needs of individuals with developmental disabilities, regardless of the nature or severity of their disability, to enable them to live in homes of their own choosing that may include homes owned or rented by the recipient or supplied by parents, relatives, or trusts; and
(5)    The provision of community supported living arrangements services promotes the integration and independence of individuals with developmental disabilities and enhances their quality of life.
(b)    The General Assembly declares that it is the policy of the State to promote the integration and independence of individuals with developmental disabilities and to enhance the quality of life of these individuals by:
(1)    Providing essential community supported living arrangements services to eligible individuals to enable them to:
(i)    Receive services from providers of their own choosing; and
(ii)    Live in their own home or homes of their own choosing in their own community;
(2)    Making community supported living arrangements services available to eligible individuals no matter how severe or profound their disability may be; and
(3)    Tailoring community supported living arrangements services to the needs of the individual recipients, rather than requiring individuals to fit into a preexisting residential service delivery system.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part IV - Community Supported Living Arrangements Services Program › Section 7-711 - Licensing

(a)    The Secretary shall adopt regulations for the licensing of persons who provide community supported living arrangements services to eligible individuals that include standards for:
(1)    Licensing providers that include grievance procedures for recipients of community supported living arrangements services; and
(2)    The inspection of licensees at least once each year.
(b)    The regulations shall ensure that community supported living arrangements services to an eligible individual are provided in accordance with an individual support plan as required by regulation.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part IV - Community Supported Living Arrangements Services Program › Section 7-712 - Quality Assurance Program

(a)    The Secretary shall establish and implement a Quality Assurance Program for the Community Supported Living Arrangements Services Program.
(b)    The Quality Assurance Program shall include:
(1)    A system of external monitoring of providers of community supported living arrangements services by recipients, family members, and other interested parties that focuses on the recipient’s quality of life;
(2)    Reporting procedures to make information available to the public as required by federal regulations; and
(3)    Provisions for the ongoing monitoring of the health and well-being of each recipient.
(c)    Any State plan amendment affecting the State Medical Assistance Program regarding community supported living arrangements services, including the Quality Assurance Program, shall be reviewed by the Maryland Developmental Disabilities Council and the Maryland Disability Law Center.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part IV - Community Supported Living Arrangements Services Program › Section 7-713 - State Plan for Community Supported Living Arrangements Services

(a)    The Secretary shall develop a plan for community supported living arrangements services that addresses:
(1)    How services will be structured to meet the needs and preferences of eligible individuals;
(2)    The number of eligible individuals estimated to need services and the number of individuals actually provided services sufficient to meet their needs under the Program;
(3)    A recipient-based evaluation system on which to base individual and State policy changes to the Program that includes recipient satisfaction with provided services;
(4)    Technical assistance and information on how to access and to utilize the Program to recipients, family members of recipients, advocacy organizations, and other interested persons; and
(5)    Technical assistance and information to service providers on how to structure services to meet the needs and preferences of recipients.
(b)    Community advocacy and provider organizations shall be involved in the development of the State plan for community supported living arrangements services.
(c)    In order to offer eligible individuals creative housing alternatives, the Administration shall include in the State plan for community supported living arrangements services a provision for collaboration with the Department of Housing and Community Development and other appropriate agencies and organizations.
(d)    (1)    In addition to any other provisions required under this section, the State plan for community supported living arrangements services shall provide, to the extent that funds are available, that the first 500 individuals to receive community supported living arrangements services shall be:
(i)    Eligible individuals who have applied for community-based residential or support services under this title and are not currently receiving these services; or
(ii)    In equal numbers, eligible individuals who are currently receiving residential services and eligible individuals who have applied for community residential or support services and are not currently receiving these services.
(2)    After the first 500 individuals have received community supported living arrangements services under paragraph (1) of this subsection, to determine the distribution of available funds, the Secretary shall review:
(i)    The needs of eligible individuals who have applied for community-based residential or support services under this title and are not receiving these services; and
(ii)    The needs of eligible individuals currently receiving community-based residential or support services.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 7 - Nonresidential Programs › Part V - Low Intensity Support Services › Section 7-717 - Low Intensity Support Services Program

(a)    (1)    In this part, “low intensity support services” means a program designed to:
(i)    Enable a family to provide for the needs of a child or an adult who is living in the home and has a severe chronic disability that:
1.    Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of physical and mental impairments; and
2.    Is likely to continue indefinitely; or
(ii)    Support an adult who is living in the community and has a severe chronic disability that:
1.    Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of physical and mental impairments; and
2.    Is likely to continue indefinitely.
(2)    “Low intensity support services” includes the services and items listed in §§ 7–701(d) and 7–706(c) of this subtitle.
(b)    There is a Low Intensity Support Services Program in the Administration.
(c)    Low intensity support services shall be flexible to meet the needs of individuals or families.
(d)    (1)    The Administration shall establish a cap of no less than $2,000 of low intensity support services per individual per fiscal year to a qualifying individual.
(2)    The Administration may waive the cap on low intensity support services provided under paragraph (1) of this subsection.
(e)    (1)    An individual seeking low intensity support services is not required to:
(i)    Submit an application to the Department as provided in § 7–403 of this title; or
(ii)    Complete an application for the Medical Assistance Program if the low intensity support services will be provided to a minor.
(2)    The Department may develop a simplified application process for low intensity support services.
(f)    The Administration shall deliver services to an eligible individual seeking low intensity support services dependent on the availability and allocation of funds provided by the Administration.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 8 - Transfers › Section 7-801 - Authority of Deputy Secretary

(a)    The Deputy Secretary may transfer an individual with developmental disability from a public residential program or a public day program to another public residential program or public day program or, if a private provider of services agrees, to that private program, if the Deputy Secretary finds that:
(1)    The individual with developmental disability either can receive better treatment in, or would be more likely to benefit from treatment at the other program; or
(2)    The safety or welfare of other individuals with developmental disability would be furthered.
(b)    The Deputy Secretary may transfer any individual with developmental disability who is a resident of another state to a residential facility in that state if the Deputy Secretary finds that the transfer is feasible.
(c)    (1)    Any finding that the Deputy Secretary makes under subsection (a) or (b) of this section shall be in writing and filed with the record of the individual with developmental disability.
(2)    A copy of the finding and the notice to the private provider of services or program to which the individual with developmental disability is being transferred shall be sent to the proponent of admission, guardian of the person, next of kin, and counsel of the individual with developmental disability.
(3)    The Deputy Secretary shall give the individual with developmental disability the opportunity for a hearing on the proposed transfer under this section. A transfer may not take place until a decision is issued as a result of the hearing.
(4)    The determination of an administrative law judge as a result of a hearing under this section is a final decision of the Department for the purpose of judicial review of final decisions under Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 8 - Transfers › Section 7-802 - Transfer to Mental Health Program

(a)    The Developmental Disabilities Administration may ask the Behavioral Health Administration to accept primary responsibility for an individual in or eligible for admission to a State residential center, if the Developmental Disabilities Administration finds that the individual would be provided for more appropriately in a program for individuals with mental disorders.
(b)    The Behavioral Health Administration shall determine whether transfer to a mental health program is appropriate.
(c)    A dispute over a transfer of an individual from the Developmental Disabilities Administration to the Behavioral Health Administration shall be resolved, in accordance with procedures that the Secretary sets, on request of the Developmental Disabilities Administration or the Behavioral Health Administration.
(d)    The Director shall give the individual with developmental disability the opportunity for a hearing on the proposed transfer under this section.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 8 - Transfers › Section 7-803 - Facilities

(a)    In this section, the term “facility” means an intermediate care facility–intellectual disability consistent with § 1905(d) of the Social Security Act.
(b)    A resident of a facility may not be transferred or discharged from the facility involuntarily except for the following reasons:
(1)    A medical reason;
(2)    The welfare of the resident or other residents;
(3)    Knowingly transferring personal assets in violation of a contract provision and only to become eligible for Medicaid benefits;
(4)    A nonpayment for a stay; or
(5)    The planned closing of the facility.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 9 - Licensing › Section 7-903 - Services for Which License Required

(a)    (1)    In addition to any other license required by law, a person shall be licensed by the Department before the person may provide services to an individual with developmental disability or a recipient of individual support services.
(2)    The Department shall adopt regulations providing for the services requiring licensure under paragraph (1) of this subsection.
(b)    (1)    If a person is licensed or certified by another State agency or accredited by an organization approved by the Secretary in accordance with § 19–2302 of this article to provide services to an individual with a developmental disability or a recipient of individual support services, the Deputy Secretary may waive the requirement for a license by the Department.
(2)    Upon a showing by the Deputy Secretary that the licensed, certified, or accredited person is out of compliance with licensing regulations adopted by the Secretary, the Deputy Secretary may revoke the waiver.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 9 - Licensing › Section 7-904 - Rules and Regulations

(a)    The Secretary shall adopt rules and regulations for the licensing of services for an individual with developmental disability or a recipient of individual support services.
(b)    The rules and regulations shall ensure that services to an individual with developmental disability or a recipient of individual support services are provided in accordance with the policy stated in Subtitle 1 of this title.
(c)    (1)    The rules and regulations shall require that:
(i)    At least 75% of the governing body of a licensee shall be residents of the State or reside within a 100–mile radius of the administrative offices of the licensee, which shall be located in the State; and
(ii)    No employee of a licensee or immediate family member of an employee of a licensee may serve as a voting member of the governing body of a licensee unless:
1.    The employee receives services from the licensee; or
2.    The Department explicitly approves the composition of the governing body through an innovative program service plan in accordance with COMAR 10.22.02.09.F.
(2)    The requirements of paragraph (1)(i) of this subsection may be waived if a community–based advisory board or committee is established by the licensee and approved by the Department.
(d)    The rules and regulations shall also require that an applicant for a license under this section shall demonstrate to the Department the applicant’s capability to provide for or arrange for the provision of all applicable services required by this title by submitting, at a minimum, the following documents to the Department:
(1)    A business plan that clearly demonstrates the ability of the applicant to provide services in accordance with Maryland regulations and funding requirements;
(2)    A summary of the applicant’s demonstrated experience in the field of developmental disabilities, in accordance with standards developed by the Department;
(3)    Prior licensing reports issued within the previous 10 years from any in–State or out–of–state entities associated with the applicant, including deficiency reports and compliance records on which the State may make reasoned decisions about the qualifications of the applicant; and
(4)    A written quality assurance plan, approved by the Developmental Disabilities Administration, to address how the applicant will ensure the health and safety of the individuals served by the applicant and the quality of services provided to individuals by the applicant.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 9 - Licensing › Section 7-907 - Issuance and Denial

(a)    An applicant for a license shall meet all requirements in rules and regulations adopted under § 7–904 of this subtitle to be issued a license.
(b)    The Department may deny a license:
(1)    To any entity that has had a license revoked by the Department within the previous 10 years; or
(2)    To any entity that has a corporate officer who has served as a corporate officer for an entity that has had a license revoked by the Department within the previous 10 years.