<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 07.03.01.07" title_num="07" subtitle_num="03" chapter_num="01" heading="Institutions.">
  <paragraph num="A.">
    <text>In this regulation, the following terms have the meaning indicated:</text>
    <paragraph num="(1)">
      <text>“Public institution” means a place of residence which affords shelter or care to two or more individuals and which is operated and managed under public auspices, as evidenced by:</text>
      <paragraph num="(a)">
        <text>The ownership of ground and buildings by the State, county, or municipal government;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Management in whole or in part by or through any public instrumentality, official, or employee acting in an official capacity; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The major portion of expenses being met by inclusion in the public budget and appropriation for it.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Inmate of a Public Institution.</text>
      <paragraph num="(a)">
        <text>“Inmate of a public institution” means an individual who is living in the public institution and plans to continue to live there, or is there by court commitment.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Inmate of a public institution” does not include an individual who:</text>
        <paragraph num="(i)">
          <text>Has a definite plan to leave the institution within the current month or the following month;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Is attending a public educational or vocational training institution where living in the institution is incidental to the purpose of securing education or training; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Is on conditional release from a public mental hospital and enters into another living arrangement free of controls by the hospital other than professional help or guidance related to his mental condition.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Eligibility.</text>
    <paragraph num="(1)">
      <text>Tuberculosis or Mental Hospitals.</text>
      <paragraph num="(a)">
        <text>Assistance may not be granted to an individual in a public or a private institution for tuberculosis or mental disease who is 64 years old or younger.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Assistance may be granted to an individual who is 65 years old or older in an institution for tuberculosis or mental disease if the individual is:</text>
        <paragraph num="(i)">
          <text>Certified for payment under the Medical Assistance Program; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>In one of the State mental or tuberculosis hospitals designated for payment under that program.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Public Institution. The local department may not grant assistance to an inmate of a public institution except while a patient is:</text>
      <paragraph num="(a)">
        <text>Certified for payment under the Medical Assistance Program for care in a public medical institution; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In an intermediate care unit that is a distinct part of a public medical institution qualified for payment under the Medical Assistance Program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Private Institution. The local department may grant assistance to an eligible individual in a private institution except as limited by this regulation.</text>
    </paragraph>
  </paragraph>
</regulation>