WILLIAM DONALD SCHAEFER, Governor

Ch. 513

(8) (4) PROVIDE THE MANAGEMENT INFORMATION AND REPORTS
NECESSARY TO DOCUMENT THE EXTENT OF RESOURCE PROTECTION OFFERED AND
TO EVALUATE THE PROGRAM; AND

(9) SATISFY ANY OTHER REQUIREMENT ORDERED BY THE
COMMISSIONER; AND

(10) HAVE A FACE VALUE OF:

(I) NOT LESS THAN $30,000 NOR MORE THAN $50,000 EACH YEAR
FOR A MAXIMUM TERM OF 3 YEARS FOR NURSING HOME CARE; OR

(II) NOT MORE THAN $100,000 IN TOTAL FOR UP TO 3 YEARS OR
MORE OF NURSING HOME CARE.

(C) (B) THE DEPARTMENT MAY NOT APPROVE A LONG-TERM CARE POLICY
IF THE POLICY REQUIRES PRIOR HOSPITALIZATION OR A PRIOR STAY IN A NURSING
HOME AS A CONDITION OF PROVIDING BENEFITS.

15-405.

(A) WHEN THE BENEFITS PAYABLE UNDER THE LONG-TERM CARE POLICY
APPROVED UNDER § 15-404 OF THIS SUBTITLE ARE EXHAUSTED, THE RESOURCES OF
THE INDIVIDUAL MAY NOT BE CONSIDERED BY THE DEPARTMENT IN DETERMINING
THE ELIGIBILITY OF THE INDIVIDUAL FOR MEDICAL ASSISTANCE. DETERMINATION
OF ELIGIBILITY FOR MEDICAL ASSISTANCE SHALL BE MADE IN ACCORDANCE WITH
SUBSECTION (B) OF THIS SECTION.

(B) IN DETERMINING ELIGIBILITY FOR MEDICAL ASSISTANCE, AN AMOUNT
OF RESOURCES EQUAL TO THE AMOUNT OF BENEFITS PAID UNDER THE
LONG-TERM CARE POLICY SHALL BE EXCLUDED FROM THE DEPARTMENT'S
CALCULATION OF THE INDIVIDUAL'S RESOURCES, TO THE EXTENT THE PAYMENTS:

(1)      ARE FOR SERVICES THAT MEDICAL ASSISTANCE APPROVES OR
COVERS FOR RECIPIENTS;

(2)      ARE FOR THE LOWER OF THE ACTUAL CHARGE AND THE AMOUNT
PAID BY THE INSURANCE COMPANY; AND

(3)      ARE FOR NURSING HOME CARE OR APPROVED HOME CARE AND
COMMUNITY-BASED SERVICES.

15-406.

THE COMMISSIONER, THROUGH THE CONSUMER EDUCATION AND ADVOCACY
PROGRAM, SHALL UNDERTAKE MEASURES TO EDUCATE THE PUBLIC AS TO:

(1)      THE NEED FOR LONG-TERM CARE;

(2)      MECHANISMS FOR FINANCING LONG-TERM CARE;

(3)      THE AVAILABILITY OF LONG-TERM CARE INSURANCE; AND

(4)    THE ASSET PROTECTION PROVIDED UNDER THIS SUBTITLE.

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