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Section 13-301 – Program Established

    The Kidney Disease Program is a program in the Department for the purpose of providing funding of kidney disease treatment for qualified individuals who elect to enroll in the Program and agree to pay fees which are described in this subtitle.

Section 13-302 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Commission” means the State Commission on Kidney Disease.     (c)    “Department” means the department responsible for administering the Kidney Disease Program.     (d)    (1)    “Liquid assets” includes cash, bank accounts, and investments such as stocks and bonds that can be readily converted to cash.         (2)    “Liquid assets” does not include an […]

Section 13-303 – Findings; Responsibilities of State

    (a)    The General Assembly finds that:         (1)    One of the most serious and tragic problems facing the public health and welfare is the death of hundreds of people in this State each year from chronic kidney disease, when the present state of medical art and technology could return these individuals to a socially productive life;         (2)    Advances and […]

Section 13-305 – Commission — Membership

    (a)    (1)    The Commission consists of 12 members appointed by the Governor.         (2)    Of the 12 Commission members:             (i)    1 shall be an individual from the Renal Administrators Association;             (ii)    3 shall be individuals who are laypersons to the field of medicine;             (iii)    3 shall be individuals appointed at the discretion of the Governor who:                 1.    Are medical specialists or other patient […]

Section 13-306 – Commission — Quorum; Meetings; Compensation; Staff

    (a)    The members present at a meeting are a quorum to do business.     (b)    The Commission shall meet at least twice a year, at the times and places that it determines.     (c)    A member of the Commission:         (1)    May not receive compensation; but         (2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the […]

Section 13-307 – Commission — Miscellaneous Powers and Duties

    (a)    The Commission:         (1)    Shall institute and supervise education programs for health providers and the public on the prevention and treatment of chronic kidney disease; and         (2)    May use existing programs and groups for this purpose.     (b)    The Commission shall:         (1)    Evaluate annually the Kidney Disease Program under this subtitle; and         (2)    Submit an annual report of the evaluation to the […]

Section 13-308 – Rules, Regulations, and Standards

    (a)    Subject to the limitations provided in this section, the Commission may adopt rules and regulations to carry out the provisions of this subtitle.     (b)    The Commission shall adopt physical and medical standards for the operation of dialysis and transplant centers.     (c)    (1)    The Commission shall adopt reasonable medical standards for acceptance of an individual for treatment.         (2)    The Commission […]

Section 13-309 – Duties of Secretary

    The Secretary:         (1)    Is responsible for the operation of the Kidney Disease Program under this subtitle within the rules, regulations, and standards that the Commission and the Department adopt;         (2)    Shall disburse and collect any funds under this subtitle; and         (3)    Shall keep the Commission informed of:             (i)    The progress of the Kidney Disease Program; and             (ii)    Any need for […]

Section 13-310.1 – Kidney Disease Fund

    (a)    In this section, “Fund” means the Kidney Disease Fund.     (b)    There is a Kidney Disease Fund.     (c)    (1)    Subject to the provisions of paragraphs (2) and (3) of this subsection, the Commission shall set by regulation reasonable fees to be paid by all certified kidney dialysis and transplant centers as an additional requirement for annual certification.         (2)    The provisions […]

Section 13-311 – Certification of Eligibility

    (a)    The Department shall certify an individual as eligible for benefits under the Program if the Department determines that:         (1)    The individual has chronic kidney disease as defined in the Commission’s regulations; and         (2)    The individual meets the residency, citizenship, and other nonmedical eligibility requirements established by the Department.     (b)    (1)    The certification of an individual under this section shall […]

Section 13-312 – Application for Financial Assistance

    (a)    Except as provided in subsection (b) of this section, the Department shall require Program recipients to apply for eligibility in the Maryland Medical Assistance Program, the Medicare Part B Program, and the Medicare Part D Program within 60 days of notification to do so by the Department.     (b)    The Department may not require Program recipients to […]

Section 13-313 – Annual Fee

    (a)    (1)    Prior to receiving Program benefits, each recipient whose family income exceeds 175 percent of the federal poverty income guidelines shall be required to pay an annual fee equal to the sum of:             (i)    5 percent of the amount by which the sum of the recipient’s adjusted gross income as defined in the Internal Revenue Code for […]

Section 13-314 – Cost of Treatment — Payments by State

    (a)    This State shall pay the incurred cost of all treatment related to kidney disease that a certified patient is given, for any cause, on or after the date of certification of that patient, if the treatment is given in:         (1)    A certified dialysis or transplant center that is in this State;         (2)    A dialysis or transplant center […]

Section 13-315 – Third Party Reimbursement

    (a)    The Program shall be the payor of last resort. The Department is authorized to require providers to seek all available third party reimbursement prior to billing the Program.     (b)    If it is determined to be in the Department’s best interest, the Department may pay the health insurance premiums of recipients, including Part B premiums, to insurance […]

Section 13-316 – Annual Budget Request

    The Department shall specifically request the Governor to appropriate and identify in a separate line item in the annual budget the moneys necessary to carry out this subtitle.