reglab/statecodes huggingface dataset:
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 10.22.12.14 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
The DDA access unit shall issue an annual report on the
					 characteristics of applicants for DDA-funded services which shall
					 include:
A. Information on the total
				  number of individuals waiting for services by service request and priority
				  category;
B. The number of
				  individuals who have been added or removed by service request and priority
				  category; and
C. Other pertinent
				  information which would assist in planning for future services or evaluating
				  current performance.
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 10.22.12.15 - Administrative and Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Pursuant to COMAR 10.22.16:
(1) On any action
				  or inaction of the Secretary pursuant to Regulations .01-.14 of this chapter,
				  an applicant for or recipient of DDA-funded services may request:
(a) An informal hearing before the
				  Secretary's designee, and
(b) The
				  Secretary to review the decision of the informal hearing if that decision is
				  not acceptable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.13 - Admission of Individuals to State Residential Facilities Under the Jurisdiction of the Developmental Disabilities Administration › Section 10.22.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations shall apply to each individual who has
					 been admitted to any State residential center under the jurisdiction of the
					 Developmental Disabilities Administration of the Department of Health and
					 Mental Hygiene.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.13 - Admission of Individuals to State Residential Facilities Under the Jurisdiction of the Developmental Disabilities Administration › Section 10.22.13.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) Admission.
(a) "Admission" means the process by which an
				  individual with an intellectual disability is accepted as a resident in a State
				  residential center.
(b) "Admission"
				  includes the physical act of the individual entering the facility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.13 - Admission of Individuals to State Residential Facilities Under the Jurisdiction of the Developmental Disabilities Administration › Section 10.22.13.03 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  hearing shall be conducted within 21 days after the admission of an individual
				  to a State residential center.
B.
				  Written notice of the admission of an individual and of the date, time, and
				  place of the individual's hearing shall be given:
(1) On admission to the individual;
				  or
(2) As soon as possible, but not
				  later than 5 days after the admission to legal counsel for the individual and
				  to the proponent of the admission.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish a Low Intensity
					 Support Services (LISS) Program in the Developmental Disabilities
					 Administration (DDA).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.02 - Rationale

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program
				  shall:
(1) Assist a family to provide for the
				  needs of a child or an adult with developmental disability living in the home;
				  or
(2) Support an adult with
				  developmental disability living in the community.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.04 - Setting and Location

Current through Register Vol. 51, No. 14, July 12, 2024
Services shall be provided within the individual's home or
					 a community setting in the most integrated setting.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.05 - Application and Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  individual shall submit to the Department:
(1) The completed LISS application
				  form;
(2) For applicants younger
				  than 21 years old, one of the following, demonstrating that the applicant meets
				  the eligibility requirements for LISS:
(a) A
				  finalized Individual Educational Program (IEP) from the current calendar year
				  that identifies an eligible disability and that is in effect as of the date of
				  the LISS application; or
(b) A
				  statement written by a licensed physician, confirming that the individual has
				  an eligible disability;
(3) For applicants 21 years old or older, one
				  of the following, demonstrating that the applicant meets the eligibility
				  requirements for LISS:
(a) A statement
				  written by a licensed physician within the last 3 years, confirming that the
				  individual has an eligible disability;
(b) A psychological evaluation completed by a
				  licensed professional within the last 3 years, confirming that the individual
				  has an eligible disability;
(c) An
				  evaluation completed by an Occupational Therapist, a Division of Rehabilitation
				  Services evaluator, or another licensed professional within the last 3 years,
				  confirming that the individual has an eligible disability; or
(d) A finalized IEP dated within 3 years
				  after the date on which the applicant exited the school system, confirming that
				  the individual has an eligible disability; and
(4) Upon request of the DDA, additional
				  written evidence demonstrating that the criteria for specific services are
				  met.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.06 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Services funded
				  under this program are intended to be, and are limited to, those that:
(1) Enhance the individual's health or
				  increase safety in the home environment;
(2) Support the individual to participate in
				  the community;
(3) Enable the
				  individual to remain in the individual's own home or with the individual's
				  family;
(4) Strengthen the family's
				  ability to support the individual; or
(5) Enable the individual to develop and
				  maintain skills.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.07 - Covered Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Services
				  include supports involving:
(1) Attendant
				  care services, including personal care;
(2) Camps that are:
(a) Approved by the Maryland DHMH in
				  accordance with COMAR 10.16.06;
(b)
				  Accredited by the Maryland State Department of Education;
(c) Accredited by the American Camping
				  Association certification;
(d)
				  Approved by a State governmental entity; or
(e) Approved by the Developmental
				  Disabilities Administration;
(3) Child care that is provided in accordance
				  with COMAR 13A.15, 13A.16, and 13A.18;
(4) Community
				  integration services, including recreation programs;
(5) Counseling, individual and
				  family;
(6) Day care provided in accordance with Health
				  General Article, §14-201(b) or §14-301(b), Annotated Code of
				  Maryland;
(7) Employment-related
				  services;
(8) Health services,
				  including dietetic and nutritional services;
(9) Housing
				  adaptations and barrier removals provided that the applicant or the applicant's
				  family owns the property needing the adaptation;
(10) Identification services;
(11) Medical equipment purchase, rental, and
				  repair;
(12) Recreation
				  programs;
(13) Respite care and
				  approved camps;
(14) Services to
				  mediate, provide advice, or support the person or family to address their
				  needs;
(15) Specialized equipment
				  and assistive technology;
(16)
				  Therapeutic services;
(17)
				  Therapeutic summer programs;
(18) Training and
				  support for self-advocacy;
(19)
				  Transportation.
(20) Tuition for
				  post-secondary academic and vocational services;
(21) Tutoring for post-secondary academic and
				  vocational services; and
(22)
				  Repairs of vehicles that have been modified or adapted with specialized
				  equipment to meet the needs of the eligible individual.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.08 - Program Funding

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program
				  is not an entitlement program and does not create a right to funding.
B. Funding is not transferable, and the
				  amount funded may not exceed the amount initially requested on the
				  application.
C. Amount of Funding.
(1) The agency may approve funding for an
				  eligible individual for services up to $2,000 per fiscal year.
(2) Requests for amounts exceeding $2,000 may
				  not be considered.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.09 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to
				  Health-General Article, §7-406, Annotated Code of Maryland, and COMAR
				  10.22.16:
(1) On any action or inaction of
				  the Secretary under Regulations .01- .08 of this chapter, other than
				  non-selection through the random selection process, an applicant for services
				  may request:
(a) An informal hearing before
				  the Secretary's designee; and
(b)
				  The Secretary to review the decision of the informal hearing if that decision
				  is not acceptable;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.10 - Program Agencies - Eligibility and Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The agency that administers the Program
				  shall:
(1) Be licensed under COMAR 10.22.06
				  as an Individual and Family Support Program;
(2) Have been awarded a contract to
				  administer the Program under the Administration's competitive procurement
				  process; and
(3) Maintain an
				  operational procedure manual that is approved by DDA.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.14 - Low Intensity Support Services (LISS) Program › Section 10.22.14.11 - Implementation Date

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter shall be implemented July 1,
					 2015.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.15 - Waiting List Equity Fund › Section 10.22.15.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. These
				  regulations address the management and use of money in the waiting list equity
				  fund.
B. The waiting list equity
				  fund may not be used to supplant funds requested or appropriated for:
(1) Emergency community placements;
				  or
(2) Transitioning
				  students.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.15 - Waiting List Equity Fund › Section 10.22.15.03 - Establishment of the Waiting List Equity Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. The waiting list equity fund is a
				  nonlapsing fund established to ensure that when an individual leaves the State
				  residential center to be served in the community, the net average cost of
				  serving the individual in the SRC is applied to:
(1) The individual's community
				  placement;
(2) Community services
				  needed to sustain the individual's community placement; and
(3) Provide community-based services to
				  individuals not yet receiving services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.15 - Waiting List Equity Fund › Section 10.22.15.04 - Submission of Annual Budget

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  When submitting its annual budget request for community services programs, the
				  Administration shall include funds for the ongoing cost of services for the
				  number of:
(1) Previous residents placed from
				  the SRC into the community in the previous fiscal year using the
				  WLEF;
(2) Individuals receiving
				  emergency placements using the WLEF; and
(3) Individuals receiving nonemergency
				  placements using the WLEF.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.15 - Waiting List Equity Fund › Section 10.22.15.05 - Administration of Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Administration shall authorize the funding of services through the WLEF,
				  administered as a nonlapsing revenue account, only to the extent that an
				  appropriation has been made and that funds are available in the WLEF.
B. The WLEF may be used to provide services
				  to individuals who are:
(1) In crisis and need
				  emergency services; and
(2) Not in
				  crisis and do not need emergency services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.15 - Waiting List Equity Fund › Section 10.22.15.06 - Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be
				  eligible for services funded from the waiting list equity fund, an individual
				  shall:
(1) Be a resident of
				  Maryland;
(2) Have an appropriate
				  evaluation that finds that the individual:
(a)
				  Has a developmental disability, or
(b) Is eligible for support
				  services;
(3) Leave a
				  State residential center on or after October 1, 1994, to be served in
				  community-based services as specified in Regulation .05A of this chapter;
				  or
(4) Be in the community on the
				  waiting list for community-based services in one of the following categories:
(a) Crisis resolution,
(b) Crisis prevention, or
(c) Current request.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.15 - Waiting List Equity Fund › Section 10.22.15.07 - Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Administration shall ensure that the waiting list equity fund is used to
				  provide the following community-based services to eligible individuals in
				  accordance with the individual's needs:
(1)
				  Individual and family support services;
(2) Respite care;
(3) Supported employment;
(4) Individualized community integration day
				  services; and
(5) Individualized
				  supported living arrangements services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.15 - Waiting List Equity Fund › Section 10.22.15.08 - Review and Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. On or before January 1 of each year, the
				  Administration shall prepare a report to be submitted to the General Assembly
				  and the Department of Fiscal Services on the waiting list equity
				  fund.
B. The Administration shall
				  include in the report:
(1) An accounting of
				  all receipts and expenditures to and from the fund;
(2) The number of individuals who left and
				  entered State residential centers during the previous year;
(3) The number of additional individuals who
				  were on the waiting list for services from the Administration during the
				  previous year; and
(4) An
				  accounting of each factor used to determine the cost of providing services to
				  an individual in a State residential center in accordance with the provisions
				  stated in Health-General Article, §7-206, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.15 - Waiting List Equity Fund › Section 10.22.15.09 - Administrative and Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An individual has the right to appeal an action or inaction with respect to
				  this chapter in accordance with Health-General Article, §7-406, Annotated
				  Code of Maryland, and COMAR 10.22.16.
B. An individual may prevail at the appeal
				  only upon a showing that the agency has violated statutory or regulatory
				  provisions by its action or inaction.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.15 - Waiting List Equity Fund › Section 10.22.15.10 - 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
				  under this chapter.
B. An
				  individual who is eligible for services funded by the Administration may also
				  be eligible for services provided by another agency.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to the hearing which an applicant for
					 or a recipient of Developmental Disabilities Administration services may
					 request under Health-General Article, §7-406(a)(1), Annotated Code of
					 Maryland. Nothing in these regulations shall be construed to create an
					 entitlement to services provided or funded by the Department or the
					 Administration.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the informal hearing procedure is to seek
					 informal and expeditious resolution when an applicant for or recipient of
					 services is dissatisfied as a result of the Secretary's actions or inactions
					 under Health-General Article, Title 7.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.03 - 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) "Action or inaction of the Secretary"
				  means a decision of the Deputy Secretary or an authorized representative of the
				  Deputy Secretary, that:
(a) Denies an
				  application by an individual for eligibility for services;
(b) Denies a request for services made by a
				  recipient of services;
(c)
				  Terminates, reduces, suspends, or withdraws services for a recipient of
				  services; or
(d) Otherwise denies a
				  request made by a recipient of services that is related to DDA
				  services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.04 - Notification of Right to Request a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration shall:
A. Provide written notification of the right
				  to request a hearing and the method of obtaining the hearing to each applicant
				  for or recipient of services at the time of application, and at any time the
				  Administration decides to deny, terminate, reduce, suspend, withdraw or
				  transfer, or otherwise significantly alter any service to an applicant or
				  recipient;
B. Include in the
				  notification the following statements:
(1)
				  That the applicant or recipient:
(a) Has a
				  right to a hearing upon request regarding any action or inaction of the
				  Secretary made under Health-General Article, Title 7, Annotated Code of
				  Maryland, which affects service provision to the applicant or
				  recipient,
(b) May choose to waive
				  the right to an informal hearing, and
(c) Has the right to a formal hearing in
				  accordance with State Government Article, Title 10, Subtitle 2;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.05 - Request for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant or recipient, or the applicant's or recipient's representative, may
				  request a hearing by mailing or delivering a clear, written statement to the
				  Director of the Administration. The request shall state:
(1) That the applicant or recipient desires a
				  hearing; and
(2) The specific
				  action or inaction of the Secretary which the applicant or recipient seeks to
				  challenge.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.06 - Implementation of Action of the Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. The action of the Secretary, which is the
				  subject of a request for a hearing, may not be implemented unless the:
(1) Secretary has determined that an
				  emergency exists when to delay action for a hearing would have a serious and
				  adverse affect on the health or safety of any person;
(2) Applicant or recipient has withdrawn or
				  abandoned the request for a hearing; or
(3) Applicant or recipient has failed in the
				  applicant's or recipient's challenge of any action or inaction of the Secretary
				  under Health-General Article, §7-406, Annotated Code of Maryland, and the
				  enforcement of the final decision has not been stayed pursuant to State
				  Government Article, §
											10-215.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.07 - Secretary's Designee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Director shall, in response to a request for a hearing, choose an employee of
				  the Department to conduct the hearing and issue an administrative
				  decision.
B. An individual may not
				  serve as the Secretary's designee if, as to this hearing, the individual:
(1) Was involved in policy or decision-making
				  regarding the particular action or inaction of the Secretary which is the
				  subject of the hearing;
(2) Has a
				  personal financial interest in the matter; or
(3) Is related by blood or marriage to the
				  appellant or to the Department's representative.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.08 - Powers and Duties of Secretary's Designee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary's designee shall have
				  authority to:
(1) Engage in reasonable
				  efforts to secure the attendance of witnesses;
(2) Conduct a full, fair, and impartial
				  hearing;
(3) Take action to avoid
				  unnecessary delay and duplication in the proceedings; and
(4) Maintain order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.09 - Prehearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The appellant
				  and the Department's representative are encouraged to engage in informal
				  discussions before the hearing for the purpose of sharing documentary evidence,
				  clarifying facts, resolving issues, and making recommendations to the
				  Secretary's designee regarding areas of agreement and disagreement and the
				  conduct of the hearing. The appellant shall immediately notify the Secretary's
				  designee if and when there has been a resolution of the appellant's concern
				  which results in the appellant withdrawing the request for a hearing.
B. Written communications and substantive
				  verbal communications between a party and the Secretary's designee shall be
				  shared with all other parties before the hearing or, if not possible, at the
				  hearing.
C. All parties shall make
				  reasonable efforts to comply with the request of other parties to:
(1) Preview relevant records and other
				  written material and to permit discussions with relevant persons before the
				  hearing;
(2) Introduce into
				  evidence at the hearing relevant records and other written material, and secure
				  the appearance and cooperation of relevant witnesses, including the applicant
				  or recipient.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.10 - Hearing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  appellant shall have the right to request that the hearing be closed to the
				  public. The Secretary's designee shall grant the appellant's request for a
				  closed hearing if the Secretary's designee, after hearing from the parties,
				  determines that the appellant's interest in confidentiality and privacy
				  outweighs the value to the public of an open hearing.
B. The Secretary's designee shall call the
				  case to order and explain the issue or issues to be decided and the hearing
				  procedure.
C. The appellant shall
				  present the reasons the appellant objects to the Secretary's actions or
				  inactions and the appellant's argument for the relief requested.
D. All parties shall have the opportunity to
				  present evidence, call witnesses, and question the other party's
				  witnesses.
E. In order to clarify
				  relevant facts, the Secretary's designee may question any person at any time
				  during the hearing.
F. With the
				  consent of both parties, the Secretary's designee may allow discussion of the
				  issues among the parties and relevant witnesses in order to seek
				  resolution.
G. The applicant or
				  recipient and that person's representative or representatives shall have the
				  right to testify at the hearing.
H.
				  The Secretary's designee may, with consent of the parties, conduct all or part
				  of a hearing by telephone if each party in the hearing has an opportunity to
				  participate in and hear the entire proceeding while it is taking
				  place.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.11 - Burden of Persuasion

Current through Register Vol. 51, No. 14, July 12, 2024
The appellant bears the burden of persuasion and may not
					 prevail unless the appellant convinces the Secretary's designee by a
					 preponderance of the evidence that the Secretary's action or inaction was
					 incorrect.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.12 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary's designee shall:
A. Maintain the official record of the
				  hearing;
B. Include in the official
				  record of the hearing:
(1) Official
				  correspondence regarding the hearing, including the request for the hearing and
				  the Secretary's response,
(2)
				  Written material submitted by the parties,
(3) Evidence admitted by the Secretary's
				  designee,
(4) A tape recording of
				  the hearing, and
(5) The decision
				  of the Secretary's designee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law › Section 10.22.16.13 - Decision of the Secretary's Designee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary's designee shall decide a
				  case within 14 days of the hearing based upon the entire record in the case and
				  according to the burden of persuasion set forth in Regulation .11. The
				  Secretary's designee may communicate with the parties for the purpose of
				  developing a decision agreeable to all parties provided the Secretary's
				  designee complies with Regulation .09B.
B. The Secretary's designee shall prepare a
				  written decision which includes the following statements:
(1) The issues presented for
				  resolution;
(2) Whether the
				  appellant met the burden of persuasion as to each issue;
(3) To what extent, if any, the relief
				  requested by the appellant is being granted;
(4) What, if any, action the Department is
				  required to take and when the action shall occur; and
(5) The appellant's right to appeal the
				  decision of the Secretary's designee pursuant to Health-General Article,
				  §7-406, Annotated Code of Maryland, if the relief requested was not
				  granted.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  establishes the methodology that the Department shall use to reimburse:
(1) Licensed residential alternative living
				  units, residential group homes, day habilitation programs, and vocational
				  programs that provide services to individuals with disabilities after June 30,
				  1998;
(2) Supported employment
				  provided by licensed providers of services to individuals after June 30,
				  2001;
(3) Add-on component services
				  for individuals in these programs; and
(4) Supplemental services for individuals in
				  these programs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.03 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider
				  shall sign an agreement with the Administration.
B. The rights of the Administration include
				  but are not limited to the following:
(1)
				  Approving the individuals to be served;
(2) Performing a utilization review of
				  individual indicator rating scales; and
(3) Auditing provider operations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.04 - Licensure Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
To receive reimbursement under this chapter, a provider
					 shall:
A. Be licensed in accordance
				  with Health-General Article, Title 7, Annotated Code of Maryland, and COMAR
				  10.22.08 or 10.22.07; and
B. Comply
				  with COMAR 10.09.26 and all other applicable regulations under COMAR
				  10.09.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.05 - Reporting Requirements and Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider shall submit an annual cost
				  report not later than 6 months after the end of the State fiscal year that:
(1) Documents the provider's actual
				  expenditures for the fiscal year being reported;
(2) Is based on the provider's audited
				  financial statement;
(3) Includes a
				  worksheet reconciling the cost report to the financial statement; and
(4) Contains a certification by an
				  independent certified public accountant, who is not an employee of the licensee
				  or any affiliated organization, for the:
(a)
				  Individual copayments collected, and
(b) Actual attendance days.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.06 - Determination of Individual Component

Current through Register Vol. 51, No. 14, July 12, 2024
A. The individual component is for costs the
				  provider incurs in providing direct services to the individual.
B. The Administration shall establish an
				  individual component for new and existing services that is based on the:
(1) Individual indicator rating scale;
				  and
(2) Geographic region in which
				  the service is provided.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.07 - Provider Components

Current through Register Vol. 51, No. 14, July 12, 2024
Effective July 1, 2019, the provider components for all
					 regions are as follows:
A. The
				  residential program provider component is $70.91; and
B. The day habilitation, vocational,
				  supported employment, community learning services, and employment discovery and
				  customization program provider component is $39.26.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.08 - Add-On Component

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  add-on component is for:
(1) Residential
				  programs;
(2) Day habilitation,
				  vocational, and supported employment programs; and
(3) Professional services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.09 - Supplemental Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Administration may preauthorize supplemental services.
B. Supplemental services do not include any
				  services that are in the State Medical Assistance Plan and can be provided to
				  an individual and reimbursed under the Medical Assistance Program, or any
				  services covered by private insurance or federal and State funded health
				  programs.
C. Supplemental services
				  include:
(1) Household furnishings and
				  equipment, normally funded once per individual;
(2) Transportation equipment and
				  expenses;
(3) Assistive
				  technology;
(4) Medical
				  equipment;
(5) Structural
				  modifications for accessibility; and
(6) Other services as preauthorized by the
				  Administration that directly benefit the individual.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.10 - Payment for Services Reimbursed by Rates

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall pay the provider the rate set forth under this
				  chapter.
B. The rate is the sum of
				  the individual component, the provider component, and any add-on
				  component.
C. Reimbursement for
				  Attendance Days of Day Habilitation, Vocational Services, and Supported
				  Employment with Fewer than the Hours as Defined in Regulation .02 of this
				  Chapter.
(1) The Administration may:
(a) Not approve reimbursement for an
				  attendance day if the individual receives fewer than 4 hours of
				  service;
(b) Approve reimbursement
				  for fewer hours than the normal attendance day if the IP:
(i) Documents that the individual is not able
				  to engage in the program activities for the normal attendance day;
				  and
(ii) Includes a plan for
				  enabling the individual to be engaged in a normal attendance day; and
(c) Approve reimbursement for an
				  attendance day of supported employment when the individual receives fewer than
				  4 hours of supported employment services if the:
(i) IP documents that the individual is not
				  able to engage in supported employment activities for 4 hours a day;
(ii) IP includes a plan for enabling the
				  individual to be engaged in supported employment for at least 4 hours with the
				  goal being a normal attendance day; and
(iii) Individual is engaged in at least 4
				  hours of activity that may include day habilitation and vocational services,
				  with the majority of time spent in supported employment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.11 - Payment For Supplemental Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall pay the lower of
				  either:
(1) Reasonable customary and actual
				  costs not to exceed the cost to the general public; or
(2) Medicaid-approved rates.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.12 - Contract

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  Department preauthorizes a professional service, the Administration shall
				  reimburse the provider for professional services according to the rate schedule
				  in Regulation .08J(4) of this chapter except that the Administration may
				  procure services to be reimbursed at a higher rate if:
(1) The provider submits documentation that
				  it cannot find a professional to render services at this rate;
(2) The usual and customary rate charged by
				  the professional for the service is above the rate in Regulation .08J(4) of
				  this chapter; and
(3) The rate that
				  the Maryland Medical Assistance Program reimburses the professional for this
				  service is higher than the rate established by Regulation .08J(4) of this
				  chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.13 - Rates for Self-Directed Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. If there is an existing contract to buy
				  vocational and supported employment services, the contract amount less the
				  amount to be paid for fiscal management services shall be used in determining
				  the amount of money available for purchasing supported employment services and
				  support brokerage services in an individual's budget.
B. If there is no existing contract to buy
				  vocational and supported employment services, the supported employment rates
				  less the amount to be paid for fiscal management services shall be used in
				  determining the amount of money available for purchasing supported employment
				  services and support brokerage services in an individual's budget.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.14 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
If an individual is denied services, the individual may
					 request a hearing in accordance with all applicable federal and State laws and
					 regulations, including COMAR 10.09.24.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.17 - Fee Payment System for Licensed Residential and Day Programs › Section 10.22.17.15 - Phase-In of Provider Component

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall phase in the
				  provider component for existing services.
B. The Administration shall determine
				  providers' increases and decreases as described in this regulation.
C. The individual components and the day
				  habilitation and vocational program provider component in Regulations .06 and
				  .07 of this chapter include increases funded by allocations in the fiscal year
				  1999 budget. The Administration shall calculate the phase-in of provider
				  components before adding these increases to the rate.
D. Until the rate reaches the rate in
				  Regulation .07 of this chapter, the phase-in for providers with current
				  provider components higher than that stated in Regulation .07 of this chapter
				  shall be calculated as follows:
(1) Each
				  provider's provider component for existing services given after June 30, 1998,
				  shall be adjusted to reflect not more than a 3 percent decrease in the
				  provider's July 1, 1997, funding level;
(2) Each provider's provider component for
				  existing services given after June 30, 1999, shall be adjusted to reflect not
				  more than a 7 percent decrease in the provider's July 1, 1997, funding
				  level;
(3) Each provider's provider
				  component for existing services given after June 30, 2000, shall be adjusted to
				  reflect not more than a 12 percent decrease in the provider's July 1, 1997,
				  funding level; and
(4) Beginning
				  July 1, 2001, the provider component for all existing services is the provider
				  component stated in Regulation .07 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.18 - Community Supported Living Arrangements Payment System › Section 10.22.18.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  establishes the methodology by which the Department shall reimburse licensed
				  Community Supported Living Arrangements providers for:
(1) Services, the provision of which begins
				  after June 30, 2000; and
(2)
				  Existing services provided under contract which the Department shall convert to
				  this rate system.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.18 - Community Supported Living Arrangements Payment System › Section 10.22.18.03 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. To
				  provide CSLA services and seek reimbursement from the Administration, a
				  licensee shall:
(1) Be licensed in accordance
				  with Health-General Article, Title 7, Annotated Code of Maryland, and COMAR
				  10.22.02;
(2) Comply with:
(a) COMAR 10.22.08; and
(b) COMAR 10.09.26;
(3) Execute an agreement with the
				  Administration;
(4) Comply with the
				  Administration's reporting and record-keeping requirements, including:
(a) Submitting an annual cost report on a
				  form approved by the Administration not later than 6 months after the end of
				  the State fiscal year that:
(i) Documents the
				  licensee's actual expenditures for the fiscal year being reported;
(ii) Is based on the licensee's audited
				  financial statement;
(iii) Includes
				  a work sheet reconciling the cost report to the financial statement;
				  and
(iv) Is certified by an
				  independent certified public accountant, who is not an employee of the licensee
				  or any affiliated organization, for the actual days each individual received
				  services; and
(b)
				  Retaining documentation of the costs for supplemental services for at least 6
				  years after the expenses are incurred; and
(c) Submitting an annual wage and benefits
				  survey in a format approved by the Administration by the later of 60 days
				  after:
(i) The last day of the pay period for
				  which the data is requested; or
(ii) Receipt of a request from the
				  Administration for wage survey information.
(5) Submit to the Administration for its
				  approval the number of hours of service an individual needs per week, as
				  documented by the individual's IP, on a form specified by the
				  Administration.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.18 - Community Supported Living Arrangements Payment System › Section 10.22.18.04 - Rates

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  shall reimburse the licensee:
(1) For new
				  individuals served after June 30, 2000, according to the rates set forth in
				  this regulation; and
(2) For
				  individuals receiving existing services, by converting those contracts to the
				  Community Supported Living Arrangements Payment System if appropriate between:
(a) July 1, 2000, and December 31, 2000, if
				  the individuals are living in their own residences, and
(b) January 1, 2001, and June 30, 2001, if
				  the individuals are living with their families.