Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.04 - Rate Setting for Child Care Providers › Section 14.31.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Advisory Committee" means the Maryland
				Interagency Rates Advisory Committee which consists of parents, advocates, and
				providers appointed by the Children's Cabinet.
(2) "Allowable variance" means less than or
				equal to plus one standard deviation from the mean as determined by the factors
				and methodology outlined in the Manual defined in §B(11) of this
				regulation.
(3) "Child placement
				agency" means a private agency licensed by the Department of Human Services to
				receive and place children in foster homes, treatment foster homes, and
				independent living arrangements.
(4) "Children's Cabinet" means those agencies listed
				under Executive Order 01.01.2024.05C.
(5) "Class Guidelines" means the Class
				Determination Guidelines for Residential Child Care Programs, which are
				maintained and updated, as necessary, by the Committee.
(6) "Committee" means the Maryland Interagency Rates
				Committee, consisting of an individual or individuals representing:
(a) The Department of Health and Mental
				Hygiene;
(b) The Department of
				Human Resources;
(c) The Department
				of Juvenile Services;
(d) The
				Department of Budget and Management;
(e) The Maryland State Department of
				Education; and
(7)
				"Cost Guidelines" means the Cost Guidelines for Child Placement Agencies,
				Education Programs, and Non-Residential Programs, which are maintained and
				updated, as necessary, by the Committee.
(8) "Days" means calendar days, unless
				otherwise specified.
(9)
				"Departments" means the:
(a) Department of
				Health and Mental Hygiene;
(b)
				Department of Human Resources;
(c)
				Department of Juvenile Services; and
(d) Maryland State Department of
				Education.
(10)
				"Educational program" means a program approved under COMAR 13A.09.10 as a
				nonpublic general education school to operate in conjunction with residential
				or nonresidential child care program licensed or approved by the Department of
				Health, Department of Human Services, or Department of Juvenile
				Services.
(11) "Manual" means the
				Rate Setting Methodology Manual for Providers, which is maintained and updated,
				as necessary, by the Committee.
(12) "Nonpreferred provider" means a provider whose
				rate or rates, when grouped by service type and, when appropriate, capacity,
				falls or fall outside an allowable variance.
(13) "Nonresidential program" means a
				community nonresidential youth program that serves youth served by the
				Department of Juvenile Services and is not otherwise licensed or certified by
				the State.
(14) "Preferred
				provider" means a provider whose rate or rates, when grouped by service type
				and, when appropriate, capacity, falls or fall within an allowable
				variance.
(15) "Provider" means an
				entity licensed, approved, accredited, or certified to provide services to
				children and adolescents within:
(a) Maryland
				under:
(i) COMAR 07.05.01;
(ii) COMAR 10.21.07;
(iii) COMAR 16.06.01; or
(iv) COMAR 14.31.05-14.31.07;
(b) Maryland or another state
				under COMAR 13A.09.10; or
(c) A
				state other than Maryland under the applicable laws of that state.
(16) "Provider Instructions" means
				the Interagency Rates Committee Provider Instructions, which are maintained and
				updated, as necessary, by the Committee.
(17) "Rate" means the daily reimbursement for services
				provided to children in residential child care programs and other specified
				programs.
(18) "Rate Section"
				means the Rate Section at the Maryland State Department of Education.
(19) Residential Child Care Program.
(a) "Residential child care program" means an
				entity that provides for children 24-hours per day within a structured set of
				services and activities that are designed to achieve specific objectives
				relative to the needs of the children served and that include the provision of
				food, clothing, shelter, education, social services, health, mental health,
				recreation, or any combination of these services and activities.
(b) "Residential child care program" includes
				a program:
(i) Licensed by the Department of
				Health, the Department of Human Services, or the Department of Juvenile
				Services; and
(ii) Subject to the
				requirements of the Governor's Office of Children governing operations of
				residential child care programs.
(20) "Unallowable costs" means those expenditures
				defined by applicable federal regulations and the Cost Guidelines as
				unreimbursable.