reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 9 - Drug Overdose Fatality Review Teams › Section 5-905 - Open or Closed Meetings

(a)    Meetings of local teams shall be closed to the public and are not subject to Title 3 of the General Provisions Article when the local teams are discussing individual cases of overdose or drug overdose deaths.
(b)    Except as provided in subsection (c) of this section, meetings of local teams shall be open to the public and are subject to Title 3 of the General Provisions Article when the local team is not discussing individual cases of overdose or drug overdose deaths.
(c)    (1)    During a public meeting, information may not be disclosed that identifies:
(i)    A deceased individual;
(ii)    An individual who has experienced an overdose;
(iii)    A family member, guardian, or caretaker of a deceased individual or of an individual who has experienced an overdose; or
(iv)    An individual convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality.
(2)    During a public meeting, information may not be disclosed about the involvement of any agency with:
(i)    A deceased individual;
(ii)    An individual who has experienced an overdose;
(iii)    A family member, guardian, or caretaker of a deceased individual or of an individual who has experienced an overdose; or
(iv)    An individual convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality.
(d)    This section does not prohibit a local team from requesting the attendance at a team meeting of a person who has information relevant to the team’s exercise of its purpose and duties.
(e)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 9 - Drug Overdose Fatality Review Teams › Section 5-906 - Confidentiality of Information and Records

(a)    Subject to subsection (b) of this section, all information and records acquired by a local team in the exercise of its purpose and duties under this subtitle are confidential, exempt from disclosure under Title 4 of the General Provisions Article, and may be disclosed only as necessary to carry out the team’s purpose and duties.
(b)    (1)    Mental health records are subject to the additional limitations under § 4–307 of this article for disclosure of a medical record developed primarily in connection with the provision of mental health services.
(2)    Substance abuse treatment records are subject to any additional limitations for disclosure or redisclosure of a medical record developed in connection with the provision of substance abuse treatment services under State law or 42 U.S.C. § 290DD–2 and 42 C.F.R. Part 2.
(c)    Statistical compilations of data that do not contain any information that would permit the identification of any person to be ascertained are public records.
(d)    Reports of a local team that do not contain any information that would permit the identification of any person to be ascertained are public information.
(e)    Except as necessary to carry out a local team’s purpose and duties, members of a local team and persons attending a local team meeting may not disclose:
(1)    What transpired at a meeting that is not public under § 5–905 of this subtitle; or
(2)    Any information the disclosure of which is prohibited by this section.
(f)    (1)    Members of a local team, persons attending a local team meeting, and persons who present information to a local team may not be questioned in any civil or criminal proceeding about information presented in or opinions formed as a result of a meeting.
(2)    This subsection does not prohibit a person from testifying to information that is obtained independently of a local team or that is public information.
(g)    (1)    Except as provided in paragraph (2) of this subsection, information, documents, or records of a local team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.
(2)    Information, documents, or records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of a local team or are maintained by a local team.
(h)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 10 - Maryland Suicide Fatality Review Committee › Section 5-1002 - Maryland Suicide Fatality Review Committee -- Purpose -- Members -- Chair -- Terms -- Compensation and Reimbursement

(a)    There is a Maryland Suicide Fatality Review Committee, also referred to as the State team.
(b)    The purpose of the State team is to identify and address the factors contributing to suicide deaths and facilitate system changes in the State to prevent suicide deaths.
(c)    (1)    The State team shall include the following members, who shall serve on an ex officio basis:
(i)    The Secretary, or the Secretary’s designee;
(ii)    The Deputy Secretary of the Behavioral Health Administration, or the Deputy Secretary’s designee; and
(iii)    The Chair of the Governor’s Commission on Suicide Prevention.
(2)    The Secretary may include in the State team the Chief Medical Examiner, or the Chief Medical Examiner’s designee.
(3)    The Secretary may include the following members in the State team, as designated by the Secretary:
(i)    A suicidologist or an academic with a specialty in the study and prevention of suicide;
(ii)    One representative of health care providers;
(iii)    One representative of an organization having expertise in suicide prevention;
(iv)    One representative of an organization having expertise in the treatment and prevention of substance abuse;
(v)    One representative of an organization that advocates for individuals with mental illness;
(vi)    One representative of law enforcement or correctional services; and
(vii)    Any additional members determined to be necessary by the Secretary to carry out the purpose of this subtitle, which may include representatives from relevant disciplines and relevant community–based organizations.
(d)    The State team shall elect the chair of the State team by a majority vote.
(e)    The Department shall provide staff for the State team.
(f)    All members of the State team shall be voting members.
(g)    (1)    Each member designated under subsection (c)(3) of this section shall serve on the State team for a term of 3 years and may be reappointed.
(2)    At the end of a term, a member designated under subsection (c)(3) of this section continues to serve until a successor is appointed.
(3)    All vacancies shall be filled by the designating authority in accordance with this section.
(h)    A member of the State team:
(1)    May not receive compensation for service on the State team; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(i)    To the extent that funds are available, the State team may hire staff or consultants to assist the State team in carrying out its duties.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 10 - Maryland Suicide Fatality Review Committee › Section 5-1003 - Duties of State Team -- Findings -- Reports

(a)    The State team shall:
(1)    Meet at least quarterly to review suicide deaths, consistent with the requirements of this subtitle;
(2)    Make determinations regarding:
(i)    The following issues related to individuals at risk for suicide:
1.    Trends;
2.    Risk factors;
3.    Current best practices in suicide prevention;
4.    Lapses in systemic responses; and
5.    Barriers to safety and well–being; and
(ii)    Strategies for the prevention of suicide deaths;
(3)    Report at least annually to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
(i)    The State team’s activities; and
(ii)    The State team’s recommendations on:
1.    Changing any law or policy in a manner that would promote the prevention of suicide deaths; and
2.    Improving the availability of sources of information relating to the investigation of reported suicide fatalities;
(4)    Undertake annual statistical studies of:
(i)    The incidents and causes of suicide mortality in the State; and
(ii)    Trends and patterns of suicide deaths in the State; and
(5)    Disseminate findings and recommendations based on the studies conducted under item (4) of this subsection to policymakers, health care providers, health care facilities, and the public.
(b)    The State team may periodically make available, in a general manner that does not reveal confidential information about individual cases, only the aggregate findings of the State team’s reviews and their recommendations for preventive actions.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 10 - Maryland Suicide Fatality Review Committee › Section 5-1005 - State Team as Public Health Authority -- Records Provided to State Team -- Information Sharing -- Information Confidential

(a)    The State team is a public health authority, as defined in 45 C.F.R. § 164.501, conducting public health activities in accordance with the federal Health Insurance Portability and Accountability Act.
(b)    On request of the chair of the State team and as necessary to carry out the State team’s purpose and duties, a health care provider or a State or local government agency immediately shall provide to the State team any records of the health care provider or State or local government agency necessary to complete the review of a specific fatality, including:
(1)    Hospital records;
(2)    Outpatient clinic, health care provider, and laboratory records;
(3)    Police investigation data;
(4)    Medical examiner investigative data;
(5)    Cause–of–death information in vital records;
(6)    Social services records; and
(7)    Other records from State offices, agencies, and departments.
(c)    The State team may request that a person with direct knowledge of circumstances surrounding a fatality provide the State team with information necessary to complete the review of the particular fatality, including information from:
(1)    A health care provider or staff involved in the care of the decedent; and
(2)    The person who first responded to a report concerning the decedent.
(d)    The State team:
(1)    May share information with other public health authorities or their designees as the State team determines necessary to carry out the purposes of this subtitle; and
(2)    Shall coordinate with the State’s Child Fatality Review and Drug Overdose Fatality Review teams to share and receive information relevant to the State team’s findings and to ensure efficiency in the work of the teams.
(e)    (1)    Except as provided in paragraph (2) of this subsection, all information and records acquired by the State team in the exercise of its duties:
(i)    Shall be confidential;
(ii)    Shall be exempt from disclosure under the Public Information Act; and
(iii)    May not be subject to discovery or introduction into evidence in any proceedings.
(2)    Information may be disclosed as necessary and in a manner consistent with this subtitle to carry out the purposes of this subtitle.
(f)    Mental health records are subject to the additional limitations under § 4–307 of this article for disclosure of a medical record developed primarily in connection with the provision of mental health services.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 10 - Maryland Suicide Fatality Review Committee › Section 5-1006 - Closed Meetings of State Team -- Restrictions on Dissemination of Information

(a)    Meetings of the State team shall be closed to the public and are not subject to the Open Meetings Act.
(b)    A member of the State team or an attendee of a State team meeting may not:
(1)    Release to the public or the news media information discussed at meetings; or
(2)    Except as provided in § 5–1007 of this subtitle, testify in any proceeding about details of a State team meeting, including any information presented at the meeting, or about opinions formed by the individual because of the meeting.
(c)    Each member of the State team and any attendee of a meeting of the State team shall sign a statement indicating an understanding of and adherence to the State team’s confidentiality requirements, including any potential civil or criminal consequences for a breach of confidentiality under this section.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 10 - Maryland Suicide Fatality Review Committee › Section 5-1007 - Subtitle Not Restrictive on Activities of Persons

This subtitle may not be construed to prohibit a person from:
(1)    Testifying in a civil or criminal action about matters that occurred in a State team meeting if the testimony will be based on the person’s independent knowledge; or
(2)    Investigating or reviewing a suicide death under any other provision of law.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 10 - Maryland Suicide Fatality Review Committee › Section 5-1008 - Adoption of Regulations -- Items Included

The Department may adopt regulations to carry out this subtitle, including regulations on:
(1)    The procedures by which health care providers, health care facilities, and other persons identify and report suicide deaths to the Department or as directed by the Department;
(2)    The protocols, procedures, methods, manner, and extent of all investigations and reviews by the State team; and
(3)    The manner in and extent to which information shall be disseminated under this subtitle.
2023 Maryland Statutes › Health - General › Title 6 - Health Care Facility Visitation and Medical Emergencies › Subtitle 1 - In General › Section 6-101 - Domestic Partnership

(a)    In this title, “domestic partnership” means a relationship between two individuals who:
(1)    Are at least 18 years old;
(2)    Are not related to each other by blood or marriage within four degrees of consanguinity under civil law rule;
(3)    Are not married or in a civil union or domestic partnership with another individual; and
(4)    Agree to be in a relationship of mutual interdependence in which each individual contributes to the maintenance and support of the other individual and the relationship, even if both individuals are not required to contribute equally to the relationship.
(b)    An individual who asserts a domestic partnership under subsection (a) of this section may be required to provide:
(1)    An affidavit signed under penalty of perjury by two individuals stating that they have established a domestic partnership; and
(2)    Proof of any two of the following documents:
(i)    Joint liability of the individuals for a mortgage, lease, or loan;
(ii)    The designation of one of the individuals as the primary beneficiary under a life insurance policy on the life of the other individual or under a retirement plan of the other individual;
(iii)    The designation of one of the individuals as the primary beneficiary of the will of the other individual;
(iv)    A durable power of attorney for health care or financial management granted by one of the individuals to the other individual;
(v)    Joint ownership or lease by the individuals of a motor vehicle;
(vi)    A joint checking account, joint investments, or a joint credit account;
(vii)    A joint renter’s or homeowner’s insurance policy;
(viii)    Coverage on a health insurance policy;
(ix)    Joint responsibility for child care, such as guardianship or school documents; or
(x)    A relationship or cohabitation contract.
2023 Maryland Statutes › Health - General › Title 6 - Health Care Facility Visitation and Medical Emergencies › Subtitle 2 - Visitation and Medical Emergencies › Section 6-201 - Visits by Domestic Partners and Family

(a)    A hospital, related institution, or residential treatment center, as defined in § 19–301 of this article, shall allow a patient’s or resident’s domestic partner, the children of the patient’s or resident’s domestic partner, and the domestic partner of the patient’s or resident’s parent or child to visit, unless:
(1)    No visitors are allowed;
(2)    The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, resident, or member of the facility staff; or
(3)    The patient or resident or the patient’s or resident’s personal representative tells the facility staff that the patient or resident does not want a particular person to visit.
(b)    This section does not prohibit a hospital, related institution, or residential treatment center from establishing reasonable restrictions on visitation, including restrictions on the hours of visitation and number of visitors.
2023 Maryland Statutes › Health - General › Title 6 - Health Care Facility Visitation and Medical Emergencies › Subtitle 2 - Visitation and Medical Emergencies › Section 6-202 - Domestic Partners in Medical Emergencies

In the case of a medical emergency, two adults shall be treated as domestic partners if one of the adults, in good faith, tells the emergency medical provider or hospital personnel that the adults are in a mutually interdependent relationship, for the following purposes only:
(1)    Allowing one adult to accompany the ill or injured adult being transported to a hospital in an emergency vehicle; and
(2)    Visitation with the ill or injured adult admitted to a hospital on an emergency basis on the same basis as a member of the ill or injured adult’s immediate family.
2023 Maryland Statutes › Health - General › Title 6 - Health Care Facility Visitation and Medical Emergencies › Subtitle 2 - Visitation and Medical Emergencies › Section 6-203 - Health Care Agents

Notwithstanding any provisions of this title or any other provision of law, if a domestic partner has selected a health care agent in accordance with Title 5, Subtitle 6 of this article, that health care agent retains the authority to make any decisions for the domestic partner that are provided for in the selection of the health care agent until the health care agency has been revoked in accordance with the provisions of Title 5, Subtitle 6 of this article.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 1 - Definitions; General Provisions › Section 7-102 - Legislative Policy

To advance the public interest, it is the policy of this State:
(1)    To promote, protect, and preserve the human dignity, constitutional rights and liberties, social well-being, and general welfare of individuals with developmental disability in this State;
(2)    To encourage the full development of the ability and potential of each individual with developmental disability in this State, no matter how severe the individual’s disability;
(3)    To promote the economic security, standard of living, and meaningful employment of individuals with developmental disability;
(4)    To foster the integration of individuals with developmental disability into the ordinary life of the communities where these individuals live;
(5)    To support and provide resources to operate community services to sustain individuals with developmental disability in the community, rather than in institutions;
(6)    To require the Administration to designate sufficient resources to foster and strengthen a permanent comprehensive system of community programming for individuals with developmental disability as an alternative to institutional care;
(7)    To recognize the right of those individuals with developmental disability who need residential services to live in surroundings as normal as possible and to provide adequate facilities for this purpose;
(8)    To provide appropriate social and protective services for those individuals with developmental disability who are unable to manage their own affairs with ordinary prudence;
(9)    To protect the rights of parents and to help parents and guardians in planning for and assisting those individuals with developmental disability who are unable to manage their own affairs;
(10)    To promote and provide for the development, maintenance, and coordination of all programs for individuals with developmental disability;
(11)    To advance research and professional training related to developmental disability; and
(12)    To promote public understanding of these policies and programs provided in this title.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 2 - Developmental Disabilities Administration › Section 7-204 - In-Service Training for Direct Care Staff

(a)    In this section, “direct care staff” means an individual who is directly involved in the day–to–day education, training, habilitation, assistance, counseling, care, or attention of an individual with a developmental disability.
(b)    (1)    The Developmental Disabilities Administration shall assure that all direct care staff in State residential and community–based programs are provided with in–service training.
(2)    The in–service training program shall include training in:
(i)    The theory and practical application of normalization principles;
(ii)    The individualization of programming;
(iii)    General characteristics and needs of individuals served;
(iv)    First aid and cardio–pulmonary resuscitation (CPR);
(v)    The fundamental rights of persons with developmental disabilities; and
(vi)    Other training components as deemed necessary.
(c)    Each direct care staff member shall participate in the in–service training curriculum within 3 months from the date of the staff member’s employment.
(d)    The Developmental Disabilities Administration shall develop standards for in–service training in accordance with recognized standards for direct care staff.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 2 - Developmental Disabilities Administration › Section 7-206 - Death of Individual in Service or Program

(a)    (1)    Upon notification of the death of an individual in a program or facility funded or operated by the Administration, the administrative head of the program or facility shall report the death:
(i)    Immediately to the sheriff, police, or chief law enforcement official in the jurisdiction in which the death occurred;
(ii)    Immediately to the Secretary; and
(iii)    By the close of business the next working day to:
1.    The Deputy Secretary;
2.    The health officer in the jurisdiction where the death occurred; and
3.    The designated State protection and advocacy system.
(2)    A report may be:
(i)    Oral if followed by a written report within 5 working days from the date of the death; or
(ii)    Written.
(3)    A written report shall contain:
(i)    The name, age, and sex of the deceased;
(ii)    The time of discovery of the death;
(iii)    The deceased’s place of residence at the time of death;
(iv)    The location where the body was discovered;
(v)    The name of the person who took custody of the body;
(vi)    The name of the person evaluating the death, if known;
(vii)    Whether or not an autopsy is being performed, if known;
(viii)    The name, address, and telephone number of the next of kin or legal guardian, if known; and
(ix)    Any other information the administrative head of the service or program determines should be provided to the medical examiner and the persons listed in paragraph (1) of this subsection on the deaths occurring:
1.    By violence;
2.    By suicide;
3.    By casualty;
4.    Suddenly, if the deceased was in apparent good health; or
5.    In any suspicious or unusual manner.
(b)    The sheriff, police, or chief law enforcement officer shall inform a medical examiner in accordance with § 5–309(b) of this article, and the medical examiner, if necessary, shall conduct an investigation in accordance with the provisions of that section.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 2 - Developmental Disabilities Administration › Section 7-207 - Funding Providers Not Paying Minimum Wage Prohibited

Beginning October 1, 2020, the Administration may not fund providers that pay individuals less than the minimum wage under a certificate that the United States Department of Labor issues to a work activities center or other sheltered workshop to allow the work activities center or workshop to pay an individual less than the wage otherwise required for the individual under federal law.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 3 - State Plan › Section 7-303 - Contents of Plan; Revision

(a)    Through the Developmental Disabilities Administration, the Secretary shall establish and carry out a State plan to provide the following training and habilitation services:
(1)    For individuals with developmental disability:
(i)    Day habilitation services;
(ii)    Family support services;
(iii)    Individual support services;
(iv)    Prevention and early detection of disabilities;
(v)    Residential services in community-based settings;
(vi)    Services coordination;
(vii)    Services in State residential centers;
(viii)    Services to insure protection of the individual rights and liberties of individuals with developmental disability;
(ix)    Vocational services;
(x)    Community supported living arrangements services; and
(xi)    Any other services that may be necessary to permit delivery of the services under this subsection.
(2)    For individuals without developmental disability, but who meet the eligibility requirements of § 7-403 of this title, individual support services.
(b)    The Secretary periodically shall revise the State plan, but not less than every 2 years, to reflect changes in need, current available services, priorities, and any other changes that may affect the need for or scope of care and services.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 3 - State Plan › Section 7-305 - Services and Facilities

Through the State plan, the Secretary shall:
(1)    Provide or encourage by consultation, cooperation, contract, or direct operation, services and facilities that are needed for the early detection, accurate evaluation, proper referral, protection of individual rights and liberties, and the optimal care and development of individuals with developmental disability who need treatment or services; and
(2)    Encourage coordination of services with other public and private agencies that have responsibility for serving individuals with developmental disability.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 3 - State Plan › Section 7-306.2 - Study to Set Provider Rates for Community-Based Services

(a)    The Administration shall:
(1)    Conduct an independent cost–driven, rate–setting study to set provider rates for community–based services that includes a rate analysis and an impact study that considers the actual cost of providing community–based services, including:
(i)    The cost of transportation across all service types;
(ii)    Appropriate wage and benefit levels for direct support and supervisory staff; and
(iii)    Rates that incorporate the fiscal impact of absence days;
(2)    Develop and implement a plan incorporating the findings of the rate–setting study conducted under item (1) of this subsection, including projected costs of implementation and recommendations to address any potential shortfall in funding;
(3)    Develop a strategy for assessing the needs of an individual receiving services that conforms with the findings of the rate–setting study conducted under item (1) of this subsection;
(4)    Provide for adequate working capital payments to providers;
(5)    Develop a sound fiscal billing and payment system that is tested for adequacy and efficiency in payment of providers;
(6)    Establish a payment schedule that ensures the timely and efficient reimbursement of providers for services provided; and
(7)    Consult with stakeholders, including providers and individuals receiving services, in conducting the rate–setting study and developing the payment system required by this subsection.
(b)    The Administration, on or before September 30, 2017, shall complete the study required under subsection (a) of this section.
(c)    The Administration shall adopt regulations to implement the payment system required by this section.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 3 - State Plan › Section 7-308 - Fee-for-Service Payment Pilot Program

(a)    In this section, “pilot program” means the fee–for–service payment pilot program.
(b)    The Department shall establish a fee–for–service payment pilot program.
(c)    A provider that provides waiver program services to individuals with a developmental disability who are eligible for services under Subtitle 4 of this title may participate in the pilot program.
(d)    The Department shall:
(1)    Determine and establish rates for waiver program services; and
(2)    Publish the rates for waiver program services, and any subsequent changes to those rates, in regulation.
(e)    (1)    A provider participating in the pilot program shall submit a claim for payment to the Department on a form that the Department requires.
(2)    Payment for a claim is subject to the following limitations:
(i)    Payment may not be made for a claim that is received by the Department more than 1 calendar year after the date the services were provided; and
(ii)    A claim that is not submitted within the time period required under item (i) of this paragraph may not be charged to the recipient of services.
(f)    A provider may not knowingly submit to the Department:
(1)    A false or fraudulent claim for payment; or
(2)    Documentation supporting a claim that contains false information.
(g)    (1)    A provider that participates in the pilot program must complete and submit to the Department each year financial statements for each fiscal year that were audited by an independent certified public accountant.
(2)    A provider participating in the pilot program shall submit information required by the Department, on a form approved by the Department, relating to wages and benefits paid to direct support professionals.
(3)    The Department may require a provider participating in the pilot program to submit information related to the provision of services to individuals with a developmental disability as it relates to the execution of the pilot program.
(h)    The Department may:
(1)    Conduct an audit of any records supporting a claim for payment of a provider participating in the pilot program; and
(2)    Recover overpayments from a provider.
(i)    A provider participating in the pilot program shall comply with all applicable laws and regulations governing financial documentation, reporting, and other payment–related requirements for Medicaid providers.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 3 - State Plan › Section 7-309 - Ability of Providers and Recipients to Exchange Electronic Data -- Appeal of Loss of Eligibility

(a)    The Department shall ensure that providers of and individuals who receive Administration services are not adversely impacted when using the Long Term Services and Supports software system or the Electronic Visit Verification function.
(b)    (1)    An individual receiving Administration services who receives notice from the Department that the individual has lost eligibility to receive Maryland Medical Assistance Program services shall have 90 days after the date on which the notification letter was mailed to appeal the determination.
(2)    If an individual appeals a loss of eligibility within the time period required under paragraph (1) of this subsection, Administration services for the individual shall continue uninterrupted until the outcome of the appeal is complete.
(3)    The Department shall ensure that providers of Administration services to an individual affected by a loss of eligibility are notified of the individual’s loss of eligibility when notice is sent to the individual.
(4)    The Department shall ensure that providers, including coordinators of community services, have the ability to automatically exchange electronic data with the Department through an application program interface with the Department’s Long Term Services and Supports software system.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 4 - Provision of Services › Section 7-401 - Rules and Regulations

(a)    The Secretary shall adopt rules and regulations that contain criteria for:
(1)    Appropriate evaluations;
(2)    Allocation of services; and
(3)    Acceptance of individuals for services.
(b)    The rules and regulations for individuals with developmental disability and for individuals without developmental disability, but who are eligible solely for individual support services, shall be separate.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 4 - Provision of Services › Section 7-403 - Contents of Application; Action by Secretary; Eligibility for Support Services; Referrals

(a)    (1)    Except as otherwise provided in this title, an applicant for services provided or funded, wholly or partly, by this State shall submit an application to the Department in writing.
(2)    The application shall contain the information that the Department requires.
(b)    Within 60 days after the Department receives an application for services for an individual, the Secretary, on the basis of the application, shall:
(1)    Determine whether there is a reasonable likelihood that the individual:
(i)    Has developmental disability; or
(ii)    Does not have developmental disability, but may be eligible for individual support services under subsection (c) of this section; and
(2)    If a positive determination is made under item (1)(i) or (ii) of this subsection:
(i)    Approve the application;
(ii)    Determine the nature of the disability;
(iii)    Determine the nature of services that the individual may require;
(iv)    Determine the type of environment in which any needed services could be provided with the least restriction on the liberty of the individual;
(v)    Determine what types of evaluations, if any, the individual requires;
(vi)    Inform the individual of these determinations; and
(vii)    Inform the individual that these determinations are preliminary and may be subject to modification as a result of further evaluation.
(c)    To be eligible for individual support services, an individual shall have a severe chronic disability that:
(1)    Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments; and
(2)    Is likely to continue indefinitely.
(d)    If the Secretary determines, based on the application, that the individual has a sole diagnosis of mental disorder, the Secretary shall refer the individual to the Behavioral Health Administration.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 4 - Provision of Services › Section 7-404 - Evaluations

(a)    Before an individual whose application for services has been approved by the Secretary is accepted for services, the individual is required to receive an evaluation in accordance with the rules and regulations adopted under § 7-401(a)(1) of this subtitle.
(b)    The Secretary may not accept an individual for services unless the results of the evaluation are that the individual:
(1)    Has developmental disability; or
(2)    Does not have developmental disability, but does meet the eligibility requirements for individual support services.
(c)    (1)    From among the individuals whose applications for services have been approved and who have been found eligible for services as a result of the required evaluation, the Secretary shall determine in accordance with the rules and regulations adopted under § 7-401(a)(2) and (3) of this subtitle the nature, extent, and timing of the services to be provided to individuals.
(2)    In making a determination under paragraph (1) of this subsection, the Secretary shall consider:
(i)    The results of the required evaluation;
(ii)    The needs of the individual; and
(iii)    The needs of the family unit of the applicant.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 4 - Provision of Services › Section 7-404.1 - Military Families

(a)    In this section, “legal resident” means an individual who maintains the State as the individual’s principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, the individual intends to return.
(b)    A dependent of a legal resident of the State who is determined eligible to receive services from the Administration under this title shall retain eligibility for the services:
(1)    Regardless of whether the legal resident leaves the State due to the legal resident’s military assignment outside the State; and
(2)    If the dependent is otherwise eligible for the services.
(c)    If a dependent of a legal resident is on a waiting list for services to be provided under this title, the Administration shall allow the dependent to remain on the waiting list for services while the legal resident is outside the State due to the legal resident’s military assignment outside the State.
(d)    The Administration shall reinstate services provided under this title to a dependent of a legal resident who resides with the legal resident while the legal resident is outside the State due to the legal resident’s military assignment outside the State:
(1)    On the relocation of the dependent to the State; and
(2)    If a request for services is made.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 4 - Provision of Services › Section 7-405 - Eligibility for Other Services

(a)    Acceptance for services under this title does not affect an individual’s eligibility for services provided by any other public or private agencies.
(b)    If the Secretary determines that an individual who is eligible for services under this title also may be eligible for services provided by another agency, the Secretary shall refer the individual to that agency.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 4 - Provision of Services › Section 7-406 - Hearings

(a)    The Secretary shall provide notice and an opportunity for a Medicaid fair hearing in accordance with Title 10, Subtitle 2 of the State Government Article and federal Medicaid law to:
(1)    An applicant for Administration Medicaid waiver services who is denied eligibility for the services;
(2)    An applicant for Administration Medicaid waiver services who contests the priority category assigned to the applicant for the services; and
(3)    A recipient of Administration Medicaid waiver services:
(i)    Whose claim for Administration Medicaid waiver services is denied or is not acted on with reasonable promptness; or
(ii)    Who believes the Administration has taken an action erroneously.
(b)    (1)    Except as provided in subsection (a) of this section, an applicant for services or a recipient of services under this title may:
(i)    Request an informal hearing before the Secretary’s designee on any action or inaction of the Secretary made under this title; and
(ii)    Request the Secretary to review the decision of the informal hearing.
(2)    After the Secretary receives a request for a review, the Secretary shall conduct the review in accordance with Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 4 - Provision of Services › Section 7-407 - Appeals

Any person aggrieved by a final decision of the Secretary in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 4 - Provision of Services › Section 7-408 - Coordinator of Community Services

(a)    The Administration, in consultation with stakeholders, shall establish and provide training materials to coordinators of community services specifically on the self–directed services model of receiving services, including training materials on self–directed services, procedures, policies, and resources.
(b)    As part of the process of developing a person–centered plan of service for a recipient, a coordinator of community services shall educate the recipient on all models of service available to the recipient, including self–directed services, traditional services, and provider–managed services, to assist the recipient and the recipient’s family or representative in making an informed choice on which services the recipient would like to receive:
(1)    When the individual begins receiving services from a coordinator of community services; and
(2)    At least once each year that the individual is receiving services from a coordinator of community services.
(c)    A coordinator of community services shall report to the Administration, in the form and manner required by the Administration, that the coordinator provided information on self–directed services, traditional services, and provider–managed services to an individual in accordance with this section.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 4 - Provision of Services › Section 7-410 - Support Broker Services

(a)    The Administration shall provide up to 30 hours of support broker services each month to a recipient of waiver services, as needed by the recipient and within the recipient’s total approved annual budget.
(b)    Subject to subsection (a) of this section, the Administration shall provide to a recipient of waiver services any support broker services that are authorized by regulations adopted or guidance issued by the Centers for Medicare and Medicaid Services under § 1915(c) of the Social Security Act.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part I - State Residential Centers › Section 7-501 - Creation; Appointment of Administrative Head

(a)    There are State residential centers for individuals with an intellectual disability in the Developmental Disabilities Administration.
(b)    The Deputy Secretary shall appoint an administrative head for each State residential center.
(c)    Each State residential center shall:
(1)    Establish and implement a safety plan for the safety of the individuals served by the State residential center; and
(2)    Revise the safety plan not less than every 5 years.
(d)    A State residential center may satisfy the requirement under subsection (c) of this section by implementing a safety or emergency plan established for the center for another purpose.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part I - State Residential Centers › Section 7-502 - Admissions

(a)    The Secretary shall approve the admission of an individual to a State residential center only if:
(1)    The findings of the evaluation are that the individual:
(i)    Has an intellectual disability; and
(ii)    For adequate habilitation, needs residential services; and
(2)    There is no less restrictive setting in which the needed services can be provided and that is available to the individual or will be available to the individual within a reasonable time.
(b)    The Secretary may not approve the admission of an individual to a State residential center if:
(1)    The findings of the evaluation are that the individual:
(i)    Does not have an intellectual disability; or
(ii)    Has an intellectual disability but does not need residential services for adequate habilitation; or
(2)    There is a less restrictive setting in which the needed services can be provided that is available to the individual or will be available to the individual within a reasonable time.
(c)    The Secretary shall provide an individual with the appropriate least restrictive service consistent with the individual’s welfare, safety, and plan of habilitation, if the individual:
(1)    Has an application for services that has been approved under § 7–404(c) of this title; or
(2)    Is considered eligible for transfer under Subtitle 8 of this title by the Deputy Secretary or the Deputy Secretary’s designee.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part I - State Residential Centers › Section 7-504 - Determination of Hearing Officer

The determination of a hearing officer on an admission under this subtitle is a final decision of the Department for the purpose of judicial review of final decisions under Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part I - State Residential Centers › Section 7-505 - Reevaluations

(a)    At least once a year, each individual with an intellectual disability who is admitted to a State residential center shall be reevaluated to determine:
(1)    Whether the individual continues to meet the requirements of this subtitle for admission to a State residential center;
(2)    Whether the services which the individual requires can be provided in a less restrictive setting;
(3)    Whether the individual’s plan of habilitation as required by § 7–1006 of this title is adequate and suitable; and
(4)    Whether the State residential center has complied with and executed the individual’s plan of habilitation in accordance with the rules, regulations, and standards that the Secretary adopts.
(b)    If the Secretary finds that any individual no longer meets the admission requirements of this subtitle, the Secretary shall begin appropriate proceedings for release or transfer of that individual.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 5 - State Residential Centers for Individuals With an Intellectual Disability › Part I - State Residential Centers › Section 7-506 - Habeas Corpus

Any individual who has been admitted to a State residential center or any person on behalf of the individual may apply at any time to a court of competent jurisdiction for a writ of habeas corpus to determine the cause and the legality of the detention.