In this subtitle the following words have the meanings indicated. “Attendant care services” means any of the following services for an eligible individual, which are certified as necessary by an attending physician or by a registered nurse: dressing; preparing food and assisting with eating; bathing and personal hygiene; assisting with routine bodily functions, including bowel and urinary care; moving into, out of, or turning in bed; laundering and other clothing care; and cleaning house and performing other services of daily care, including shopping and transportation, that the Department and the eligible individual request. “Department” means the Department of Disabilities. “Eligible individual” means an individual who: is at least 18 years old and under the age of 65 years at the time of the initial eligibility determination; and has a severe chronic or permanent physical disability that precludes or significantly impairs the individual’s independent performance of essential activities of daily living, self–care, or mobility. “Financial assistance” means a payment the Department makes to an eligible individual for attendant care services or ongoing additional supports. “Ongoing additional supports” means a continual support that: increases an eligible individual’s independent performance of an essential activity of daily living, self–care, or mobility; and is requested by an eligible individual and approved by the Department. “Program” means the Attendant Care Program. “Secretary” means the Secretary of Disabilities.

There is an Attendant Care Program in the Department. The purpose of the Program is to provide financial assistance to eligible individuals for attendant care services and ongoing additional supports. The Department shall provide financial assistance in accordance with a sliding payment scale that the Department establishes by regulation for each category of eligible individuals described in § 7–404(a) of this subtitle.

The Secretary shall designate an individual from the Department to serve as director of the Program. The Secretary shall provide appropriate support services to the Program as provided in the State budget.

The Department shall ensure that at any given time at least 50% of the eligible individuals receiving financial assistance under the Program are: gainfully employed; actively seeking employment; or attending an institution of postsecondary or higher education, as defined in § 10–101 of the Education Article. The remainder of the eligible individuals receiving financial assistance under the Program shall be individuals who: reside in a nursing facility or similar institution licensed to provide chronic or intermediate care and who will be deinstitutionalized as a result of the Program; or are certified by an attending physician, physician assistant, or certified nurse practitioner as being at risk of placement in a nursing facility or similar institution licensed to provide chronic or intermediate care if attendant care services are not received in the community. Subject to the availability of funds, the Secretary may waive the proportional requirement of subsection (a)(1) of this section in the event there is a waiting list of eligible individuals described in subsection (a)(2) of this section. The Secretary may adopt regulations to establish priorities and procedures for a waiting list of eligible individuals. An eligible individual receiving financial assistance may not be removed from the Program to achieve the proportional requirement under subsection (a)(1) of this section. Financial assistance provided under the Program may not duplicate any other State or federal assistance for attendant care services or ongoing additional supports that an eligible individual receives. The Department shall limit participation in the Program to the number of eligible individuals who can be served with the funds appropriated for the Program in the State budget. Each year, the Department shall review the eligibility of each individual receiving financial assistance.

The Program shall be funded as provided in the State budget. The Department may: administer the Program directly; or enter into a contract with a private organization to administer and operate the Program.

The Department shall administer this subtitle. The Department shall adopt regulations for the operation of the Program.