# Human Services (GHU)

## Title 7. Individuals With Disabilities

### Subtitle 2. Respite Care for Individuals With Developmental or Functional Disabilities

#### Section 7-201

(a) In this subtitle the following words have the meanings indicated.

(b) "Department" means the Department of Human Services.

(c) "Respite care" means short-term care:

  (1) of an individual with a developmental or functional disability described under Sec. 7-202 of this subtitle; and

  (2) that is provided either within or outside the individual's home to give temporary relief to the individual or the individual's family.

#### Section 7-202

(a) An individual has a functional disability if the individual has a severe, chronic disability that:

  (1) is attributable to a mental or physical impairment or a combination of mental and physical impairments, including a head injury;

  (2) is likely to continue indefinitely;

  (3) results in substantial functional limitations in at least three of the following areas of major life activity:

    (i) self-care;

    (ii) receptive and expressive language;

    (iii) learning;

    (iv) mobility;

    (v) self-direction;

    (vi) capacity for independent living; and

    (vii) economic self-sufficiency; and

  (4) reflects the individual's need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services that are:

    (i) lifelong or of extended duration; and

    (ii) individually planned and coordinated.

(b) An individual has a developmental disability if the individual has a functional disability that is manifested before the individual attains the age of 22 years.

#### Section 7-203

(a)

  (1) There is a Respite Care Program in the Department.

  (2) The purpose of the Program is to provide respite care services in the State.

(b) The Department shall provide respite care services through:

  (1) local departments of social services; or

  (2) contracts with private nonprofit community-based providers.

#### Section 7-204

Subject to the State budget, within a fiscal year an individual may receive:

(1) on an hourly basis, up to 24 hours of respite care provided in periods of less than 10 hours in any 24-hour period; and

(2) on a daily basis, up to 14 days of respite care provided in periods of 10 or more hours in any 24-hour period.

#### Section 7-205

The Department shall adopt regulations governing respite care services, including:

(1) mandatory standards; and

(2) sliding fee schedules.

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Md. Code Ann., Hum. Servs. (as displayed at mgaleg.maryland.gov, October 16, 2026)