§ 15–122.3
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 15-122.3 (2026)
Title 15. Assistance Programs
Subtitle 1. Medical and Pharmacy Assistance Programs
§ 15–122.3LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Available income” means the portion of income of a Program recipient that the Program recipient is required to contribute to the cost of care for the Program recipient under the Program.
(3)
“Disabled person” has the meaning stated in § 13–101 of the Estates and Trusts Article.
(4)
“Guardian” means:
(i)
A guardian of the person; or
(ii)
A guardian of the property.
(5)
“Guardian of the person” means a person who has been appointed by a court as a guardian of the person of a disabled person under § 13–705 of the Estates and Trusts Article.
(6)
“Guardian of the property” means a person who has been appointed by a court as a guardian of the property of a disabled person under § 13–201 of the Estates and Trusts Article.
(7)
“Guardianship services” means services provided to a recipient who is a disabled person by a guardian while acting in the capacity as a guardian.
(8)
“Recipient” means a Program recipient who receives long–term care services and supports under the Program.
(b)
Subject to subsection (c) of this section, when determining the available income of a recipient who is a disabled person and has a guardian, the Department shall include as part of the personal needs allowance guardianship fees payable for guardianship services.
(c)
The personal needs allowance for guardianship fees shall be as follows:
(1)
If one person is serving as both the guardian of the person and the guardian of the property of the recipient, the personal needs allowance shall be $50 per month; and
(2)
If one person is serving as the guardian of the person of the recipient and a different person is serving as the guardian of the property of the recipient, the personal needs allowance shall be $50 per month for each guardian.