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<section article="ghg" article_name="Health - General" number="15-122.3" title_number="15" title_name="Assistance Programs" subtitle_number="1" subtitle_name="Medical and Pharmacy Assistance Programs">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“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.</text>
    </level>
    <level label="3">
      <text>“Disabled person” has the meaning stated in § 13–101 of the Estates and Trusts Article.</text>
    </level>
    <level label="4">
      <text>“Guardian” means:</text>
      <level label="i">
        <text>A guardian of the person; or</text>
      </level>
      <level label="ii">
        <text>A guardian of the property.</text>
      </level>
    </level>
    <level label="5">
      <text>“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.</text>
    </level>
    <level label="6">
      <text>“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.</text>
    </level>
    <level label="7">
      <text>“Guardianship services” means services provided to a recipient who is a disabled person by a guardian while acting in the capacity as a guardian.</text>
    </level>
    <level label="8">
      <text>“Recipient” means a Program recipient who receives long–term care services and supports under the Program.</text>
    </level>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <text>The personal needs allowance for guardianship fees shall be as follows:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
