§15–137.

    (a)    The Department may not deny an individual access to a home– and community–based services waiver due to a lack of funding for waiver services if:

        (1)    (i)    The individual is living in a nursing facility at the time of the application for waiver services;

            (ii)    At least 30 consecutive days of the individual’s nursing facility stay are eligible to be paid for by the Program;

            (iii)    The individual meets all of the eligibility criteria for participation in the home– and community–based services waiver; and

            (iv)    The home– and community–based services provided to the individual would qualify for federal matching funds; or

        (2)    (i)    The individual is living at home or in the community at the time of the application for waiver services;

            (ii)    The individual received home– and community–based services through Community First Choice for at least 30 consecutive days;

            (iii)    The individual will be or has been terminated from participation in the Program on becoming entitled to or enrolled in Medicare Part A or enrolled in Medicare Part B;

            (iv)    The individual meets all of the eligibility criteria for participation in the home– and community–based services waiver within 6 months after the completion of the application; and

            (v)    The home– and community–based services provided to the individual would qualify for federal matching funds.

    (b)    Nothing in this section is intended to result in a reduction of federal funds available to the Department.