Section 15-137 - Home-based and community services for residents of nursing facilities - Denial of access prohibited(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: (1)(i) The individual is living in a nursing facility at the time of the application for waiver services;(ii) At least 30 consecutive days of the individual's nursing facility stay are eligible to be paid for by the Program;(iii) The individual meets all of the eligibility criteria for participation in the home- and community-based services waiver; and(iv) The home- and community-based services provided to the individual would qualify for federal matching funds; or(2)(i) The individual is living at home or in the community at the time of the application for waiver services;(ii) The individual received home- and community-based services through Community First Choice for at least 30 consecutive days;(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;(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(v) The home- and community-based services provided to the individual would qualify for federal matching funds.(b) Nothing in this section is intended to result in a reduction of federal funds available to the Department.Amended by 2019 Md. Laws, Ch. 414,Sec. 1, eff. 7/1/2019.