reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.05 - The Individual Plan › Section 10.22.05.04 - Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The team shall
				  make decisions by consensus.
B. If
				  the team cannot reach a consensus, the resource coordinator shall mediate and
				  resolve the issue of concern.
C. If
				  the resource coordinator cannot resolve the issue or if there is not a resource
				  coordinator on the team, the appropriate regional director shall mediate and
				  resolve the issue of concern.
D.
				  For individuals residing in a State residential center:
(1) If the team cannot reach consensus, the
				  facility director shall mediate and resolve the issue of concern; and
(2) If consensus still cannot be achieved,
				  the regional director shall mediate and resolve the issue of concern.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.05 - The Individual Plan › Section 10.22.05.05 - Review of the IP

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each IP
				  shall be reviewed and approved, disapproved, or modified by:
(1) The executive officer or administrative
				  head of the licensee or a qualified developmental disability professional whom
				  the executive officer or administrative head designates; and
(2) One other professional individual who is
				  responsible for carrying out a major program but does not participate in the
				  IP.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.05 - The Individual Plan › Section 10.22.05.06 - Implementation

Current through Register Vol. 51, No. 14, July 12, 2024
The licensee shall implement the supports and services that
					 the licensee has agreed to provide, as indicated in the IP, within 20 calendar
					 days.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.06 - Family and Individual Support Services (FISS) Program Service Plan › Section 10.22.06.01 - Additional Regulatory Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to this chapter, a person who provides FISS to
					 an individual shall comply with the following regulations of this
					 subtitle:
A. COMAR 10.22.01;
B. COMAR 10.22.02, with the exception of
				  COMAR 10.22.02.06D;
C. COMAR 10.22.03;
D. COMAR 10.22.04;
E. COMAR 10.22.05; and
F. COMAR 10.22.10, when applicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.06 - Family and Individual Support Services (FISS) Program Service Plan › Section 10.22.06.02 - Rationale

Current through Register Vol. 51, No. 14, July 12, 2024
A. Services are to
				  be flexible and dynamic to meet the needs of individuals or families desiring
				  specific areas of support and for those who have changing needs.
B. Services are to be readily adaptable to
				  the changing needs of the individual.
C. The flexibility inherent in FISS lends
				  itself to creative and innovative ways of supporting individuals and their
				  families.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.06 - Family and Individual Support Services (FISS) Program Service Plan › Section 10.22.06.03 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. FISS cover a
				  wide array of supports in the life of an individual.
B. FISS are provided by making use of
				  resources available in the community while, at the same time, building on the
				  individual's existing support network.
C. Supports are the assistance provided to
				  the individual to enable participation in the community. Supports are integral
				  to each individual or family's quality of life and often enhance the lives of
				  those involved.
D. FISS may
				  include, but are not limited to, supports involving:
(1) Budgeting;
(2) Medication administration;
(3) Counseling;
(4) Job coaching;
(5) Helping an individual to access and
				  complete the individual's education;
(6) Participating in recreational and social
				  activities;
(7) Accessing community
				  services;
(8) Grocery
				  shopping;
(9) Respite, behavioral,
				  and other services and supports needed by the family of the individual;
				  and
(10) Developing
				  relationships.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.06 - Family and Individual Support Services (FISS) Program Service Plan › Section 10.22.06.04 - Staffing and Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  individual's plan determines the amount of staff time, pattern of supports, and
				  type of staff training needed to support each individual or family.
B. The licensee shall ensure that staff:
(1) Have the necessary skills to carry out
				  the individual's plan; and
(2)
				  Receive training in accordance with COMAR
				  10.22.02.11D.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.06 - Family and Individual Support Services (FISS) Program Service Plan › Section 10.22.06.05 - Setting and Location

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  licensee shall provide FISS within the context of each individual or family's
				  life style in the least intrusive manner possible.
B. The licensee shall provide FISS consistent
				  with each individual's IP.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.07 - Vocational and Day Services Program Service Plan › Section 10.22.07.01 - Additional Regulatory Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to this chapter, a person who provides
					 vocational or day services to an individual shall comply with the following
					 regulations of this subtitle:
A. COMAR
				  10.22.01;
B. COMAR 10.22.02, except
				  COMAR 10.22.02.07D;
C. COMAR 10.22.03;
D. COMAR 10.22.04;
E. COMAR 10.22.05; and
F. COMAR 10.22.10, when applicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.07 - Vocational and Day Services Program Service Plan › Section 10.22.07.02 - Rationale

Current through Register Vol. 51, No. 14, July 12, 2024
A. Individuals
				  often need assistance to obtain and maintain work in the community. With
				  supports, job skills are learned and behavior appropriate for the workplace is
				  increased. Work in the community provides income, self esteem, and personal
				  value for the individual.
B.
				  Individuals seeking to obtain and maintain work in the community are free to
				  choose preferred types of work, to seek change of work when not satisfied, and
				  have their day activities reflect the needs, preferences, and desires stated in
				  their IPs, including the ability to combine day or vocational services with
				  other community activities, such as school or recreation.
C. A licensee may not limit an individual to
				  specific types of services because of their ages, severity of disability, or
				  level of supports needed to work.
D. A licensee shall use accommodation,
				  coaching, individual choice, and preferences in matching individuals and
				  employment opportunities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.07 - Vocational and Day Services Program Service Plan › Section 10.22.07.03 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The vocational
				  or day services licensee shall respond to individual needs and preferences in
				  accordance with the IP.
B. Current
				  program models include:
(1) Supported
				  employment;
(2) Vocational
				  services;
(3) Day habilitation;
				  and
(4) Volunteer work.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.07 - Vocational and Day Services Program Service Plan › Section 10.22.07.04 - Staffing and Training

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Staffing levels shall be determined by the IP with the licensee providing the
				  staff for each individual as indicated in the IP.
B. The licensee shall ensure that staff
				  receive training in accordance with COMAR
				  10.22.02.11D.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.07 - Vocational and Day Services Program Service Plan › Section 10.22.07.05 - Setting and Location

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Integrated work settings are preferred.
B. A licensee providing services under this
				  chapter shall make every effort to provide services that are integrated in
				  neighborhoods and communities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.08 - Community Residential Services Program Service Plan › Section 10.22.08.01 - Additional Regulatory Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to this chapter, a person who provides
					 residential services to an individual shall comply with the following
					 regulations of this subtitle:
A. COMAR
				  10.22.01;
B. COMAR
				  10.22.02;
C. COMAR
				  10.22.03;
D. COMAR
				  10.22.04;
E. COMAR 10.22.05;
				  and
F. COMAR 10.22.10, when
				  applicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.08 - Community Residential Services Program Service Plan › Section 10.22.08.02 - Rationale

Current through Register Vol. 51, No. 14, July 12, 2024
A. Living in the
				  community involves both a wide range of skills and choices about life
				  style.
B. Community residential
				  models accommodate the wide range of choices individuals and their families
				  make about how to live in the community.
C. Community residential models are designed
				  to give preference to small and individualized settings.
D. Individuals with developmental
				  disabilities have the same range of options about where to live in the
				  community as are available to all people.
E. The Administration respects personal
				  choice regarding decisions about where and with whom individuals with
				  developmental disabilities may live.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.08 - Community Residential Services Program Service Plan › Section 10.22.08.03 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Current
				  community residential service models include:
(1) Alternative living units (ALU);
(2) Group homes;
(3) Individual family care homes (IFC);
				  and
(4) Community supported living
				  arrangements (CSLA).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.08 - Community Residential Services Program Service Plan › Section 10.22.08.04 - Staffing and Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensee shall provide staffing levels and patterns as determined in the
				  IP.
B. A licensee shall provide or
				  arrange for the provision of training in accordance with COMAR
				  10.22.02.11G.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.08 - Community Residential Services Program Service Plan › Section 10.22.08.05 - Setting and Location

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  individual may receive services under this chapter in the individual's own
				  home, in the family's home, in a current residential service model, or in any
				  other service model approved by the Director in accordance with COMAR
				  10.22.02.09F.
B. A licensee providing services
				  under this chapter shall make every effort to provide services that are
				  integrated in neighborhoods and communities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.09 - Resource Coordination Program Service Plan › Section 10.22.09.01 - Additional Regulatory Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to this chapter, a person who provides resource
					 coordination to an individual shall comply with the following regulations of
					 this subtitle:
A. COMAR
				  10.22.01;
B. COMAR 10.22.02, except
				  COMAR 10.22.02.05F,
				  .06, .07, .11, .12, and .14E(1)(d);
C. COMAR 10.22.03;
D. COMAR 10.22.04; and
E. COMAR 10.22.05.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.09 - Resource Coordination Program Service Plan › Section 10.22.09.02 - Rationale

Current through Register Vol. 51, No. 14, July 12, 2024
A. Resource
				  coordination is provided by a resource coordinator.
B. The resource coordinator assists
				  individuals in obtaining the best quality and most appropriate services and
				  supports within available resources.
C. The resource coordinator is responsible to
				  individuals and their families for providing assistance in implementing
				  individual choice, addressing individual satisfaction, and assuring that an
				  individual's needs and preferences are addressed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.09 - Resource Coordination Program Service Plan › Section 10.22.09.03 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Resource
				  coordination may be provided to individuals determined eligible for services
				  from the Administration, including individuals on the waiting list.
B. Resource coordination may only be provided
				  by licensees who do not provide direct services to individuals.
C. The level and intensity of resource
				  coordination may vary according to the individual's needs and desire for
				  resource coordination.
D. In the
				  State residential center, a resource coordinator shall be provided for all
				  individuals for the purpose of participating in the development of the written
				  plan of habilitation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.09 - Resource Coordination Program Service Plan › Section 10.22.09.04 - Functions of the Resource Coordination Licensee

Current through Register Vol. 51, No. 14, July 12, 2024
The resource coordination licensee shall carry out the
					 following functions:
A. Determine an
				  individual's needs, preferences, desires, satisfaction, and the most integrated
				  setting appropriate to meet the individual's needs;
B. Assist the individual through planning in
				  choosing goals and outcomes, the services needed to accomplish these goals and
				  outcomes, and the establishment of realistic time frames for meeting these
				  goals and outcomes;
C. Broker
				  services in consultation with the regional office to obtain generic services,
				  services funded by the Administration, and natural supports;
D. Advocate for the individual to assure that
				  the individual's rights are protected and the individual's needs and
				  preferences are considered;
E.
				  Monitor and act as a third-party advocate for implementation of the IP;
				  and
F. If requested by the
				  Administration, provide utilization review of services being provided to
				  individuals.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.09 - Resource Coordination Program Service Plan › Section 10.22.09.05 - Responsibilities of the Resource Coordinator

Current through Register Vol. 51, No. 14, July 12, 2024
A. The resource coordinator is responsible
				  for:
(1) Ensuring that each individual
				  receives an IP that is designed to meet the individual's needs, preferences,
				  desires, goals, and outcomes in the most integrated setting appropriate to meet
				  the individual's needs and in the most cost effective manner;
(2) Documenting that the IP is being
				  implemented as designed;
(3)
				  Communicating information with the Administration in an effort to achieve a
				  responsive service delivery system;
(4) Assisting the individual in applying for
				  services; and
(5) Providing
				  education to individuals and their families concerning:
(a) The range of most integrated setting
				  service and support options that may be appropriate to meet the individual's
				  needs;
(b) How to access services,
				  and
(c) How to coordinate and
				  advocate for services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.09 - Resource Coordination Program Service Plan › Section 10.22.09.06 - Staffing and Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  resource coordinator shall have the skills necessary to:
(1) Determine the most integrated setting
				  appropriate to meet the individual's needs;
(2) Coordinate planning meetings;
(3) Negotiate and resolve
				  conflicts;
(4) Assist individuals
				  in gaining access to services and supports;
(5) Coordinate services; and
(6) Monitor the provision of services to
				  individuals.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.09 - Resource Coordination Program Service Plan › Section 10.22.09.07 - Setting

Current through Register Vol. 51, No. 14, July 12, 2024
To the extent feasible, individuals may select:
A. Their own resource coordinator;
				  and
B. The time, place, and
				  frequency of meetings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.01 - Additional Regulatory Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to this chapter, a person who provides behavior
					 support services to an individual shall comply with the following regulations
					 of this subtitle:
A. COMAR
				  10.22.01;
B. COMAR
				  10.22.02;
C. COMAR
				  10.22.03;
D. COMAR 10.22.04;
				  and
E. COMAR 10.22.05.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.02 - Rationale

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Administration serves individuals who exhibit challenging behaviors and require
				  a variety of supports to achieve success in exercising the individual's choices
				  responsibly.
B. Behavior support
				  services are designed to assist individuals who exhibit challenging behaviors
				  in acquiring skills, gaining social acceptance, and becoming full participants
				  in the community.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.03 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee who
				  provides services to an individual in the community or in an SRC whose record
				  indicates a need for a behavior plan shall meet the requirements of this
				  chapter.
B. A licensee who
				  contracts for behavior support services shall ensure that its contractor meets
				  the requirements of this chapter and is knowledgeable about the
				  Administration's service delivery system.
C. Behavior support services include:
(1) Behavioral consultation;
(2) Temporary augmentation of
				  staff;
(3) Behavioral training;
				  and
(4) Behavioral respite
				  services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.04 - Staffing and Training

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the training requirements in COMAR
					 10.22.02.11A -
					 ----D, the licensee shall ensure that staff who provide behavior support
					 services, before being assigned independent duties, receive training in
					 the:
A. Principles of behavioral
				  change; and
B. Appropriate methods
				  of preventing or managing challenging behaviors, which may include the use of
				  mechanical restraints.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.05 - Behavior Plan (BP)

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensee shall ensure that a BP is developed for each individual for whom it is
				  required.
B. The licensee shall
				  ensure the BP:
(1) Is developed, in
				  conjunction with the team, by a licensed psychologist, psychology associate
				  under the supervision of a licensed psychologist, licensed behavior analyst,
				  licensed physician, licensed certified social worker, or licensed or certified
				  professional counselor, who shall have training and experience in applied
				  behavior analysis;
(2) Is based on
				  and includes a functional analysis or assessment of each challenging behavior
				  as identified in the IP;
(3)
				  Specifies the behavioral objectives for the individual, and includes:
(a) A description of the hypothesized
				  function of current behaviors including their frequency and severity,
				  and
(b) Criteria for determining
				  achievement of the objectives established;
(4) Takes into account the medical condition
				  of the individual;
(5) Describes
				  the treatment techniques and when the techniques are to be used;
(6) Specifies the emergency procedures to be
				  implemented for the individual with a history of exhibiting behaviors that
				  present a danger to self or serious bodily harm to others;
(7) Includes a description of the adaptive
				  skills to be learned by the individual that serve as functional alternatives to
				  the challenging behavior or behaviors to be decreased;
(8) Identifies the person or persons
				  responsible for monitoring the BP;
(9) Specifies the data to be collected to
				  assess progress towards meeting the BP's objectives; and
(10) Describes and documents each use of
				  mechanical and physical restraint, the reason for its use, and the length of
				  time used.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.06 - Use of Restrictive Techniques

Current through Register Vol. 51, No. 14, July 12, 2024
A. The licensee shall ensure that the use of
				  restrictive techniques in any BP:
(1)
				  Represents the least restrictive, effective alternative, or the lowest
				  effective dose of a medication; and
(2) Is only implemented after other methods
				  have been:
(a) Systematically tried,
				  and
(b) Objectively determined to
				  be ineffective.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.07 - Use of Medications to Modify Challenging Behavior

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the requirements in
				  Regulations .05 and .06 of this chapter, the licensee shall ensure that a BP
				  which includes the use of medication includes:
(1) The specific medications that have been
				  prescribed;
(2) The rationale for
				  prescribing each medication;
(3)
				  Any alternate methods of management being used to bring challenging behavior
				  under control; and
(4) Objective
				  data collected by staff and presented to the licensed health care practitioner
				  to indicate that the medication being used is effective in reducing the
				  individual's challenging behavior.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.08 - Use of Physical Restraint

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Physical restraint may only be used when the individual's behavior presents a
				  danger to self or serious bodily harm to others.
B. The licensee shall ensure that only staff
				  who have been trained in the management of disruptive behavior, or other
				  curriculum approved by the Administration, may use a physical restraint and may
				  only do so as specified in the curriculum.
C. In addition to the requirements in
				  Regulation .06 of this chapter, the licensee shall document in the individual's
				  record each use of a physical restraint, including the reason for its
				  use.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.09 - Use of Mechanical Restraint and Support

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use of Mechanical Restraint for Behavioral
				  Purposes.
(1) A mechanical restraint may only
				  be used:
(a) To prevent an individual from
				  engaging in self-injurious behaviors such as head banging, teeth gnashing, and
				  similar behavior;
(b) To prevent
				  serious bodily harm to others; or
(c) As required by an individual's treating
				  licensed health care practitioner to allow an individual to recuperate from
				  surgery or injury.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.10 - Use of Chemical Restraint

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Chemical restraint may only be used when the individual's behavior presents a
				  danger to self or serious bodily harm to others.
B. A licensee may only use a chemical
				  restraint in a behavioral emergency when:
(1)
				  Ordered by a licensed health care practitioner; and
(2) Administered and monitored by a licensed
				  health care practitioner.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.11 - Monitoring Use of Medications to Modify Behavior and Restrictive Techniques

Current through Register Vol. 51, No. 14, July 12, 2024
The licensee shall monitor the use of restrictive
					 techniques through its internal quality assurance process as required by COMAR
					 10.22.02.14B(4).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.10 - Behavior Support Services Program Service Plan › Section 10.22.10.12 - IBMP - Alternative Living Arrangements

Current through Register Vol. 51, No. 14, July 12, 2024
After the effective date of this chapter, a licensee
					 providing residential services which specializes in behavior support services
					 shall comply with the requirements of this chapter and COMAR
					 10.22.08.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.01 - Additional Regulatory Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to this chapter, an SRC providing respite
					 services shall comply with the following regulations of this subtitle:
A. COMAR 10.22.01;
B. COMAR 10.22.04;
C. COMAR 10.22.05; and
D. COMAR 10.22.10.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter addresses the provision of respite services in
					 the SRC for individuals currently living in the community.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.03 - Provision of Services

Current through Register Vol. 51, No. 14, July 12, 2024
Before respite services are utilized in the SRC, all
					 efforts are made by the Administration to provide individuals living in the
					 community with respite services in the community. Only when there are no other
					 appropriate alternatives available are respite services provided in the
					 SRC.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.04 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
To be eligible to receive respite care in the SRC, the
					 individual:
A. Shall be eligible to
				  receive services funded by the Administration;
B. Shall have an appropriate evaluation with
				  the diagnosis of an intellectual disability;
C. Shall have needs that are able to be met
				  effectively while at the SRC; and
D. May not be in receipt of full residential
				  services in a community program, except with the approval of the
				  Director.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.05 - Length of Stay

Current through Register Vol. 51, No. 14, July 12, 2024
Respite services in the SRC may only be provided to an
					 individual for not more than:
A. 45
				  days per calendar year; or
B. 28
				  consecutive days.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.06 - Procedures for Respite Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. The individual's proponent or licensee
				  shall direct requests for respite services to the appropriate regional
				  office.
B. The regional office
				  shall arrange for the following:
(1) The
				  completion of a formal application;
(2) The collection of information to
				  substantiate a diagnosis of an intellectual disability; and
(3) A meeting with the individual, proponent,
				  or the licensee to discuss the terms and conditions of respite
				  services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.07 - Procedures for Leaving Respite Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The SRC shall arrange for a medical
				  examination or nursing assessment as is appropriate to the individual at the
				  time the individual leaves respite services and shall document the
				  findings.
B. The SRC shall document
				  information about the individual's response to respite services.
C. The proponent or licensee shall return the
				  individual to the individual's community residence at the time agreed to on the
				  admission document.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.08 - Daily Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The SRC
				  shall provide appropriate daily activities during the time the individual is in
				  respite services.
B. The SRC shall
				  make every attempt to maintain the individual in the individual's vocational or
				  day activity during the period of respite services and document the reasons if
				  the individual is unable to attend.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.09 - Individual Records

Current through Register Vol. 51, No. 14, July 12, 2024
The SRC shall maintain a complete record for each
					 individual receiving respite services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.11 - Respite Services in the State Residential Center (SRC) › Section 10.22.11.10 - Funding

Current through Register Vol. 51, No. 14, July 12, 2024
The Department's Division of Reimbursement shall determine
					 the cost of respite services in the SRC pursuant to Health-General Article,
					 §16-201, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. These
				  regulations specify the individuals with developmental disability who are
				  eligible for Developmental Disabilities Administration (DDA) funded services,
				  the eligibility criteria which are set forth in Health-General Article, Title
				  7, Annotated Code of Maryland, and the process of eligibility
				  determination.
B. These regulations
				  delineate the eligibility and access determination process involved in
				  obtaining funding for services from the Developmental Disabilities
				  Administration.
C. By outlining the
				  eligibility and access process, these regulations comply with the requirements
				  of Health-General Article, Title 7, Subtitle 4. They establish a uniformly
				  applied Statewide policy that recognizes the needs of families and the
				  comparative urgency of these needs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter is
				  applicable to the eligibility and access process for individuals with
				  developmental disability involved in seeking funding from the Developmental
				  Disabilities Administration for services provided in community programs under
				  the jurisdiction of the Administration. They do not apply to those similar
				  processes which are related to services provided in State residential centers
				  (SRCs) that are operated by the DDA.
B. This chapter is not intended to address
				  the criteria for access to specific services funded by the DDA. COMAR 10.22.13
				  addresses the admission of individuals with intellectual disabilities to State
				  residential centers under the jurisdiction of the Developmental Disabilities
				  Administration.
C. Individuals
				  committed to the Department through the Maryland court system are not subject
				  to the procedures set forth in these regulations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.04 - Accessing the DDA Service Delivery System by Individuals with Developmental Disability

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Referrals.
(1) An individual may be referred
				  for service or services funded by the DDA by anyone who has legitimate interest
				  in the welfare of the individual.
(2) Individuals shall make referrals to and
				  obtain applications from the DDA or its designee.
(3) Individuals making referrals on behalf of
				  individuals purported to have a developmental disability shall make them either
				  separately or together with an application for services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.05 - Eligibility Criteria and Preliminary Determination Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility
				  Criteria. To be eligible for services funded by the DDA as an individual with
				  developmental disability, that individual shall:
(1) Be a resident of Maryland; and
(2) Have an evaluation that finds that a
				  developmental disability is present.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.06 - Eligibility Determination Process - Personal Contact and Determination of Service Needs

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Determination of Service Needs.
(1) When a
				  personal contact is made by a representative of the DDA, in accordance with
				  Regulation .05B(3)(c), of this chapter, the representative shall:
(a) Establish if the individual has a
				  developmental disability;
(b)
				  Establish the nature of the disability;
(c) Collect sufficient information, including
				  any existing evaluations, to make a recommendation concerning assignment to a
				  services priority category, taking into account the strengths and needs of the
				  family, caregiver, and the individual;
(d) Describe the nature of the services that
				  the individual may require through:
(i)
				  Discussion with the applicant, caregiver, or other proponent, when one exists,
				  and
(ii) Observation of the
				  interaction between the applicant, caregiver, or other proponent, when one
				  exists;
(e) Describe the
				  type of environment that the individual may require through:
(i) Discussion with the applicant, caregiver,
				  or other proponent, when one exists, and
(ii) Observation of the interaction between
				  the applicant, caregiver, or other proponent, when one exists.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.07 - Eligibility Determination Process - Determination of Service Priority Category and Description of Categories

Current through Register Vol. 51, No. 14, July 12, 2024
A. Determination of Service Priority
				  Category.
(1) The regional director shall base
				  the recommendation regarding service priority on the determination that the
				  individual meets the criteria for one or more of the following categories,
				  which are listed in the order of priority in which applicants shall receive
				  services:
(a) Category I - Crisis
				  Resolution;
(b) Category II -
				  Crisis Prevention; and
(c) Category
				  III - Current Request.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.08 - Letter of Final Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Within 60 days of the receipt of the application, the final letter of
				  determination indicating eligibility, priority, and service needs shall be sent
				  to the applicant, caregiver, or other proponent, when one exists.
B. The letter shall contain the following
				  information:
(1) A statement that the
				  individual has a developmental disability or the individual does not have a
				  developmental disability, but may be eligible for individual support services
				  in accordance with Health-General Article, §7-403(c), Annotated Code of
				  Maryland;
(2) The nature of the
				  services the individual may require;
(3) The type of environment in which any
				  needed services could be provided;
(4) The types of evaluations, if any, the
				  individual requires;
(5) That
				  determinations of priority status may be subject to modification if the
				  applicant's or caregiver's circumstances change;
(6) The individual has the right to an
				  informal hearing to appeal the decision in accordance with COMAR 10.22.16;
				  and
(7) That the individual shall
				  apply for Medical Assistance or other alternative funding before the initiation
				  of services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.09 - Local Review Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The regional director shall establish one or more local review
				  committees.
B. The function of the
				  LRC is to review the service needs of eligible individuals and make
				  recommendations regarding service needs to the regional director. The LRC shall
				  be appointed by the regional director from among the following:
(1) County government, including local health
				  departments;
(2) DDA;
(3) Advocacy or developmental disability
				  provider agencies; and
(4)
				  Parents.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.10 - Confirmation of Eligibility for Service Provision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Confirmation of eligibility, which is
				  established before selection of the individual to receive services, is based on
				  an evaluation in accordance with Health-General Article, §7-404, Annotated
				  Code of Maryland. The exception shall be an emergency situation when a crisis
				  needs to be immediately resolved as specified in Regulation .11B.
B. The regional director shall be responsible
				  for assuring that the evaluation required by Health-General Article,
				  §7-404, Annotated Code of Maryland, has been completed before final
				  determination of eligibility. The individual's evaluation shall confirm the
				  following:
(1) That the individual has a
				  developmental disability as indicated by the preliminary
				  determination;
(2) The nature of
				  the disability;
(3) The nature of
				  the services that the individual may require;
(4) The type of environment in which any
				  needed services could be provided with the least restriction on the liberty of
				  the individual; and
(5) The extent
				  and timing of the services to be provided to the individual.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.11 - Initiation of Services

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Initiation of service delivery to an eligible individual seeking DDA-funded
				  services shall be dependent upon:
(1) Assigned
				  service priority, except for family support services and low intensity support
				  services which are provided on a first-come, first-served basis;
(2) Availability and allocation of funds
				  provided to the DDA;
(3)
				  Availability of an appropriate community vacancy; and
(4) The individual's completing an
				  application for Medical Assistance or other alternative funding.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.12 - Admission to and Discharge from DDA Community-Funded Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exception. This
				  regulation does not apply to family services or low intensity support
				  services.
B. General Requirements
				  for Assigning Vacancies or Providing Support Services.
(1) Only those individuals seeking DDA-funded
				  services and who have been deemed eligible by the DDA in accordance with
				  Regulations .05-.10 of this chapter may be served by community service
				  providers in DDA-funded vacancies or with DDA-funded support
				  services.
(2) Each provider shall
				  report all DDA-funded vacancies to the appropriate regional office in
				  accordance with a DDA-approved procedure, as soon as the potential vacancy is
				  known to the provider.
(3) The DDA
				  shall authorize all admissions to or discharges from DDA-funded services in
				  advance of these actions by providers.
(4) In addition to a final determination of
				  eligibility before authorizing the admission of an individual to a funded
				  vacancy, the DDA shall also determine that the:
(a) Individual is in need of the type of
				  service to be provided;
(b) Service
				  is appropriate and is to be provided with the least restriction on the liberty
				  of the individual; and
(c)
				  Individual wishes to be served by the particular provider or, at a minimum,
				  agrees to accept the service from that provider.
(5) If the individual does not qualify under
				  Category I, the regional director shall determine that there is no one in that
				  category who would be more appropriate for the vacancy or service.
(6) If an appropriate vacancy exists, but the
				  provider refuses to serve an individual whom the DDA has identified as
				  qualified to receive services, the regional office may not authorize the
				  provider to fill the vacancy. The funding for the vacancy may be transferred to
				  another provider that offers an appropriate service and is willing to serve the
				  individual.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability › Section 10.22.12.13 - Eligibility for Other Services

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An individual's eligibility for services provided by any other public or
				  private agency may not be affected by the individual's eligibility for services
				  pursuant to these regulations.
B.
				  If an individual who is eligible for services funded by the DDA may also be
				  eligible for services provided by another agency, the DDA or its agent shall
				  refer the individual to that agency.