Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 2 › Subtitle 09 - MEDICAL CARE PROGRAMS › Chapter 10.09.20 - Community Personal Assistance Services › Section 10.09.20.05 - Specific Conditions for Provider Participation - Personal Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Personal
				  assistance service providers shall:
(1) Be
				  licensed as a residential service agency under COMAR 10.07.05 to provide Level
				  Two or Level Three home care services;
(2) Employ a registered nurse who shall:
(a) Assess each new participant who requires
				  personal assistance services;
(b)
				  Participate in developing the worker instructions and in assigning appropriate
				  personnel;
(c) Delegate nursing
				  tasks, as appropriate, to a CNA or a CMT in accordance with COMAR 10.27.11;
				  and
(d) Participate in instructing
				  the workers who will provide the assistance, when indicated;
(3) Employ workers who will accept
				  instruction on the personal assistance services required in the participant's
				  plan of service from the following:
(a) The
				  participant or, when applicable, the participant's representative;
(b) The nurse monitor;
(c) A treating physician or nurse
				  practitioner; or
(d) An individual
				  from the Department;
(4)
				  Provide services directly through their workers under the direction of the
				  participant or, when applicable, the participant's representative;
(5) Allow participants to have a significant
				  role in the delivery of their specific care including:
(a) Directing the services and supports
				  identified in their plan of service; and
(b) Exercising as much control as desired to
				  select, train, schedule, determine duties of, and dismiss the personal
				  assistance worker in their home;
(6) Notify the Department in writing at least
				  45 days in advance of any:
(a) Voluntary
				  closure;
(b) Change of
				  ownership;
(c) Change of
				  location;
(d) Sale of the
				  business;
(e) Change in the name
				  under which the provider is doing business; or
(f) Change in provider tax identification
				  number;
(7) Include in
				  the notice to the Department the method for informing participants and
				  representatives of its intent to close, change ownership, change location, or
				  sell its business;
(8) Include in
				  the notice to the Department, and inform participants and representatives, of
				  the transition plan developed by the agency to ensure continuity of services to
				  participants;
(9) If applicable,
				  apply for a new license whenever ownership is to be transferred from the person
				  or organization named on the license to another person or organization in time
				  to assure continuity of services;
(10) Submit a Medicaid provider application
				  to the Department if the new owner chooses to participate in the Program;
				  and
(11) Conduct a criminal history
				  records check on all direct service workers including nurses, in accordance
				  with the procedure for a State criminal history records check established under
				  Health-General Article, Title 19, Subtitle 19, Annotated Code of
				  Maryland.