In this subtitle the following words have the meanings indicated.
“Department” means the Department of Human Services.
“Respite care” means short–term care:
of an individual with a developmental or functional disability described under § 7–202 of this subtitle; and
that is provided either within or outside the individual’s home to give temporary relief to the individual or the individual’s family.
An individual has a functional disability if the individual has a severe, chronic disability that:
is attributable to a mental or physical impairment or a combination of mental and physical impairments, including a head injury;
is likely to continue indefinitely;
results in substantial functional limitations in at least three of the following areas of major life activity:
self-care;
receptive and expressive language;
learning;
mobility;
self-direction;
capacity for independent living; and
economic self-sufficiency; and
reflects the individual’s need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services that are:
lifelong or of extended duration; and
individually planned and coordinated.
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.
There is a Respite Care Program in the Department.
The purpose of the Program is to provide respite care services in the State.
The Department shall provide respite care services through:
local departments of social services; or
contracts with private nonprofit community-based providers.
Subject to the State budget, within a fiscal year an individual may receive:
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
on a daily basis, up to 14 days of respite care provided in periods of 10 or more hours in any 24-hour period.
The Department shall adopt regulations governing respite care services, including:
mandatory standards; and
sliding fee schedules.