Md. Code Regs. 32.03.03.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 32.03.03.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Applicant" means an individual who has applied for a subsidy or a current participant whose eligibility is being redetermined in accordance with Regulation .06C of this chapter.

(2) "Assets" means real and personal property.

(3) "Assisted living program" has the meaning stated in COMAR W.07.14MB(11).

(4) "Burial funds" means a revocable burial contract, burial trust, or other burial or funeral arrangement or any other separately identifiable fund which is clearly designated as set aside for a person's burial or funeral expenses.

(5) "Burial spaces" means conventional gravesites, crypts, mausoleums, urns, and other repositories which are customarily and traditionally used for the remains of deceased persons.

(6) "Consumer Price Index" means the Consumer Price Index for all urban consumers (CPI-U), U.S. City Average, All Items (1982-84=100) published by the United States Department of Labor for each calendar year, January through December.

(7) "Department" means the Maryland Department of Aging.

(8) "Earned subsidy" means the amount of subsidy that a subsidized resident qualified for during a reporting period.

(9) "Elderly" means an individual who is 62 years old or older.

(10) "Enrolled provider" means a licensee who has entered into a service agreement with a local office.

(11) "Facility" means the physical plant in which a licensee provides assisted living services.

(12) "Functional assessment" means an evaluation of an applicant's physical, mental, and functional status conducted by a geriatric evaluation service or its equivalent.

(13) "Immediate family" means an individual's:

(a) Spouse or minor and adult children, including adopted children and stepchildren; or

(b) Brothers, sisters, parents, adoptive parents, aunts, uncles, and their spouses.

(14) "Income" means the gross amount of all earned and unearned income received from all sources, including employment, annuities, Social Security benefits, workers' compensation, pensions or disability payments, alimony, interest, dividends, and net income from a business or profession.

(15) "Irrevocable burial fund" means an irrevocable burial contract, an irrevocable burial trust, or other irrevocable arrangement, the assets of which are only available for funeral or burial expenses or both.

(16) "License" means a license issued by the Department of Health and Mental Hygiene to operate an assisted living program in Maryland.

(17) "Licensee" means an entity that has been issued a license to operate an assisted living program.

(18) "Local office" means the public or private nonprofit agency designated by the Department as the area agency on aging for a specific geographic area of the State.

(19) "Monthly allowance for personal expenses" equals $130 per month. Subject to the limitations of the State budget, the amount shall increase on July 1 of each year beginning July 1, 2021, by the percentage, if any, by which the Consumer Price Index for the most recent calendar year exceeds the Consumer Price Index for the previous calendar year, rounded to the nearest dollar. The Department shall publish annually the monthly allowance for personal expenses.

(20) "Net annual income" means net monthly income multiplied by 12.

(21) "Net monthly income" means total monthly income from all sources, minus:

(a) Monthly recurring nonreimbursable medical expenses greater than 3 percent of total monthly income; and

(b) The monthly allowance for personal expenses.

(22) "Program" means the Senior Assisted Living Subsidy Program.

(23) "Representative" means an agent, guardian of the person, guardian of the property, or any other person referred to in COMAR 10.07.14.34.

(24) "Resident" means an elderly individual who resides in an assisted living facility for the purpose of obtaining assisted living services.

(25) "Resident agreement" has the meaning stated in COMAR 10.07.14.02B(65).

(26) "Service agreement" means an agreement between a licensee and the local office that specifies the obligations of both parties, including the types of services to be provided, the fees to be charged, and the amount of subsidy to be paid on behalf of eligible residents.

(27) "Subsidy" means funds paid or approved to be paid by the local office to a licensee on behalf of a subsidized resident.

Md. Code Regs. 32.03.03.02

Regulations .02, Group Sheltered Housing for the Elderly, repealed and new Regulations .01_.11, Senior Assisted Living Group Home Subsidy Program, adopted effective August 23, 1999 (26:17 Md. R. 1325)
Regulation .02B amended as an emergency provision effective January 10, 2002 (29:6 Md. R. 565); emergency status extended at 29:9 Md. R. 743; amended permanently effective May 27, 2002 (29:10 Md. R. 827)
Regulation .02B amended effective February 13, 2006 (33:3 Md. R. 244); amended effective 47:15 Md. R. 713, eff. 7/27/2020