reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.05 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may waive any requirement in this chapter if a waiver request from a provider:
(1) Is submitted to the Department in writing and contains specific facts upon which the waiver is requested;
(2) Demonstrates that:
(a) Compliance with the regulation for which a waiver is requested will impose a hardship; or
(b) The waiver, if granted, will improve the operation of the Program;
(3) Demonstrates that an alternative procedure proposed by the provider will meet or produce the intended effect of each regulation for which a waiver is requested; and
(4) Demonstrates that the issuance of a waiver will not adversely affect the health and safety of a participant.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.06 - Annual Renewal of Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider with a certificate, including a certificate issued before the adoption of these regulations, may apply to have the certificate renewed. An updated application for renewal shall be submitted on forms approved by the Department.
B. An application for renewal shall be filed with the Department by a date specified annually by the Department.
C. The Department shall renew a certificate if:
(1) The provider is in compliance with this chapter; and
(2) The Department has verified that the requirements of Regulation .03 of this chapter have been met.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.07 - Change of Provider During Term of Subsidy Services Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certificate is not transferable. An entity other than the current provider may become the certificate holder and the new provider for a facility, only if:
(1) The Department agrees to the change; and
(2) The proposed new provider obtains a certificate for the facility.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.08 - Qualifications of Provider or Supervisor

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual employed by a provider to work in a supervisory position in a facility and, if the provider is an individual, the provider, shall have at least the minimum qualifications set forth in §B of this regulation.
B. To qualify to work in a supervisory position for a provider, an individual:
(1) Shall be 21 years old or older;
(2) Shall be literate and able to communicate effectively with participants;
(3) Shall have sufficient skills, education, training, and experience to perform the required services;
(4) Shall have sufficient physical, emotional, and mental capacity to perform the duties required;
(5) Shall be of good moral character;
(6) Shall fully cooperate with a provider's efforts to comply with Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland (Adult Dependent Care Programs-Criminal History Records Checks and Background Checks);
(7) May not have been convicted of, received a probation before judgment for, or entered a plea of nolo contendere to a felony or any crime involving moral turpitude or theft, or have any other criminal history that indicates behavior which is potentially harmful to participants;
(8) May not be cited on the Maryland Geriatric Nursing Assistants Registry under COMAR 10.07.02.42B with a determination of:
(a) Abuse;
(b) Misappropriation of resident property; or
(c) Neglect; and
(9) May not have violated any State or local law regulating residential care facilities, which violation resulted in revocation or nonrenewal of a license or certificate.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.09 - Staffing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider shall have a staff-to-participant ratio which is adequate to provide the services required in Regulation .14 of this chapter.
B. The provider shall provide or assure that its staff participates in training, as necessary, to ensure that each participant obtains quality congregate housing services consistent with the participant's needs.
C. If a provider provides services to individuals with Alzheimer's disease or related disorders:
(1) The provider shall provide annual education to staff on the care of individuals with dementia; and
(2) Employees shall complete an in-service training on dementia that addresses the physical, intellectual, and behavioral manifestations of dementia and techniques to assist and manage dementia participants before the later of:
(a) 180 days from the beginning of staff member's employment; or
(b) December 31, 2005.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.10 - Participant Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to any other rights, a participant shall have the right to:
(1) Be treated with consideration, respect, and full recognition of human dignity and individuality;
(2) Receive care and services that are adequate and appropriate;
(3) Privacy;
(4) Be free from emotional and physical abuse;
(5) Practice the religion of the participant's choice or to abstain from religious practice;
(6) Be free from discrimination, as provided by State and federal law; and
(7) Refuse or consent to medical treatment.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.11 - Provider-Participant Service Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider shall enter into a written agreement with a participant on a form provided or approved by the Department that specifies the obligations of both parties, including:
(1) The services to be provided;
(2) The fees to be charged by the provider;
(3) If applicable, the amount of subsidy to be paid on behalf of the participant; and
(4) That the provider give at least 30 days notice of any proposed change in a fee charged by the provider for a particular service.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.12 - Termination of Provider-Participant Service Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider-participant service agreement shall allow termination by a provider only for the following reasons:
(1) A change in the health status or behavior of the participant that constitutes a substantial threat to the health or safety of a participant, other residents, or the provider's staff;
(2) Chronic disruptive behavior that is offensive and threatens participants' peaceful enjoyment of their apartments;
(3) Nonpayment of fees by the participant;
(4) Termination of the Program at the facility through no fault of the provider; or
(5) The participant's health has improved sufficiently so that the participant no longer needs congregate housing services.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.13 - Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider shall maintain on-site an accurate and current file for each participant.
B. A participant's file shall contain the following:
(1) A completed copy of the following forms prescribed by the Department:
(a) Participant assessment form;
(b) Application form;
(c) Provider-participant service agreement and any addenda; and
(d) Subsidy application, if any;
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.14 - Mandatory and Optional Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider shall elect to participate in either the Standard Congregate Housing Services Plan or the Individualized Congregate Housing Services Plan.
B. Meals.
(1) A Standard Congregate Housing Services Plan provider shall provide at least two nutritionally balanced meals daily.
(2) An Individualized Congregate Housing Services Plan provider shall offer a service package that includes at least one nutritionally balanced meal daily.
(3) All meals served to participants shall be prepared by a licensed food service establishment in an approved food preparation facility that complies with the requirements of COMAR 10.15.03.
(4) At least one meal a day shall be offered in a congregate setting.
(5) If a participant requests that a meal be delivered to the participant's apartment, the provider shall deliver it at no additional charge if the provider determines that the participant is unable to participate in a congregate meal due to a temporary mental or physical condition.
(6) A provider or its food service contractor shall prepare in advance a weekly menu of the meals to be serviced.
(7) If more than one food service contractor is retained by a provider to prepare meals for participants in a facility, the provider shall assure that menus are coordinated to avoid duplication and to maintain overall nutritional balance.
(8) A provider shall retain copies of weekly menus at the facility for a period of 1 year and shall have the menus available during monitoring visits conducted by the Department. If a substitution is made for an item on the approved menu, the substitution shall be documented on the menu.
(9) A provider shall keep a record of participants' attendance at each congregate meal provided, investigate a participant's failure to attend a meal, and document why the participant did not attend. Records of meal attendance and documentation of why a participant did not attend shall be kept for at least 3 months.
(10) If a provider contracts with another entity to provide meal services for the participants, the provider shall solicit competitive bids from qualified food service establishments at least once every 3 years. Competitive bidding may be waived by the Department if the meals are provided by a food service establishment that is under contract with:
(a) The owner or management of the facility, if the provider is not the owner or manager; or
(b) The local area agency on aging to provide congregate or home-delivered meals pursuant to Title III C of the federal Older Americans Act, 42 U.S.C. §§
												3030e- 3030g-22.
(11) If a provider contracts with another entity to provide meals to participants, the provider shall arrange for participants to meet periodically with the other entity to discuss menus and other concerns.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.15 - Award of Subsidies to a Provider

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may award subsidies to a provider if:
(1) The Department has certified the facility;
(2) Sufficient State funds for congregate housing service subsidies are available in the Department's budget;
(3) The cost of services to be provided and the amount of subsidies required per participant are consistent with costs in comparable facilities; and
(4) The provider and the Department have entered into a purchase of services agreement for the applicable fiscal year.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.16 - Renewal of Subsidy Award

Current through Register Vol. 51, No. 14, July 12, 2024
A subsidy award may be renewed annually if:
A. Sufficient State funds for subsidies are available in the Department's budget;
B. The provider's budget for the next fiscal year has been approved by the Department;
C. The Department and the provider have executed a subsidy services agreement for the next fiscal year; and
D. The provider and facility are in compliance with this chapter.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.17 - Award of Subsidies to New Sites

Current through Register Vol. 51, No. 14, July 12, 2024
If funds are made available in the Department's budget to award subsidies to more facilities than the budget supported in the past, the Department shall issue a request for proposals to persons who want to be providers that are eligible to receive subsidies.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.18 - Subsidy Services Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider that is approved by the Department to receive State subsidies shall enter into a written subsidy services agreement with the Department.
B. The Department shall give a copy of the executed agreement to the provider.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.19 - Administration of Subsidy Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. If funds are available the Department shall advance subsidy payments to a provider in good standing on a quarterly basis.
B. For the term of a subsidy services agreement, the Department shall:
(1) During the first quarter, advance to the provider a subsidy payment equal to 1/4 of the total subsidy award; and
(2) During each subsequent quarter, advance an amount equal to the total amount of subsidies earned during the previous quarter.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.20 - Eligibility For Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible to be a participant and receive congregate housing services, an individual shall:
(1) Be 62 years old or older;
(2) Be physically or mentally impaired;
(3) Need assistance with one or more of the essential activities of daily living;
(4) Need one or more of the congregate housing services available in the facility; and
(5) Be able to function in the facility if provided with those services.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.21 - Determination of Eligibility to Receive Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who wants to apply to be a participant in the Program shall file an application with the provider from which the individual wants to receive services. The Department shall provide an application form that individuals applying for the Program shall use.
B. Upon receipt of an application to receive services, the provider shall determine if the applicant meets the requirements of Regulation .20 of this chapter.
C. To determine whether an applicant meets the requirements of §A(4) and (5) of Regulation .20 of this chapter, a provider shall assess the applicant's functional abilities using an assessment form approved by the Department or arrange for an assessment through the Department of Health and Mental Hygiene's Adult Evaluation and Review Services program. Unless more frequent evaluation is warranted, a reassessment to determine whether the applicant still meets the requirements of §A(4) and (5) of Regulation .20 of this chapter shall be conducted every 2 years using either the Adult Evaluation and Review Services program or an assessment form approved by the Department.
D. If a provider determines an applicant is eligible to receive services and if sufficient financial resources are available through participant's payments, State subsidies, or other sources to cover the cost of providing the congregate housing services needed by the applicant, the provider shall:
(1) Accept the applicant as a participant if the applicant has a signed lease for an apartment in the facility; or
(2) Place the applicant's name on a waiting list if the applicant does not have a signed lease for an apartment in the facility.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.22 - Participant Application for Subsidy

Current through Register Vol. 51, No. 14, July 12, 2024
If an individual resides in a facility that has a subsidy services agreement with the Department, the individual may file an application for a subsidy with the provider at the facility on a form provided by the Department. An application for a subsidy may be filed at the same time as an application for eligibility is filed or may be filed after an application for eligibility is filed.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.23 - Participant Eligibility for Subsidy

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual in a facility whose provider has a subsidy services agreement for a Standard Congregate Housing Services Plan is eligible to receive a subsidy if:
(1) The individual has been determined to be eligible to be a participant and receives services in the facility;
(2) The individual's net monthly income is insufficient to pay the full monthly fee approved by the Department in the subsidy services agreement with the provider;
(3) The individual's net annual income is less than 60 percent of the State median income as most recently published by the Maryland Department of Human Resources;
(4) None of the exclusions under §G of this regulation applies; and
(5) The individual's assets do not exceed $27,375.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.24 - Enrollment of Participant for Subsidy

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider shall enroll an individual or couple as subsidized participants if:
(1) The individual or couple has been determined to be eligible to receive services according to the requirements of Regulation .21 of this chapter and to receive a subsidy according to the requirements of Regulation .23 of this chapter; and
(2) State funds are available to pay the subsidy.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.25 - Notification of Ineligibility to Receive a Subsidy

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an individual or couple is determined to be ineligible to receive a subsidy or no longer eligible to receive a subsidy, a provider shall notify the individual or couple in writing of the ineligibility determination within 10 days.
B. A notice of ineligibility for a subsidy shall include:
(1) The decision;
(2) The reason for denial of eligibility;
(3) The participant's right to request a review of the decision; and
(4) What must be done to obtain a review, including the relevant time frames.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.26 - Determination of Participant Subsidy Amount

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the Standard Congregate Housing Services Program, the amount of the subsidy to be paid monthly on behalf of an eligible participant shall equal the difference between the participant's projected monthly income, less approved allowances set forth in §B of this regulation, and the monthly fee for congregate housing services as approved by the Department in the subsidy services agreement.
B. Approved allowances are:
(1) 10 percent of the individual's or couple's net monthly income;
(2) The applicable monthly personal allowance for an individual or couple as established on the subsidy calculation form approved by the Department for the Standard Congregate Housing Services Plan;
(3) If the provider is regulated by the U.S. Department of Housing and Urban Development, any monthly elderly allowance provided for under the U.S. Department of Housing and Urban Development's applicable regulations;
(4) The monthly rent paid by the individual or couple for an apartment in the facility;
(5) If the U. S. Department of Housing and Urban Development permits a monthly utility allowance in the calculation of the participant's rent at the facility, the amount of the monthly utility allowance;
(6) The individual's or couple's allowable medical expenses; and
(7) If the provider provides two meals a day, a food allowance as established on the Standard Congregate Housing Services Program subsidy calculation form approved by the Department.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.27 - Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department or its designee may conduct reviews of a provider's administration of the Program and conduct announced or unannounced on-site visits of a facility at any time.
B. The Department may designate another entity to perform monitoring.
C. The Department shall have the right to review a provider's records to ensure compliance with this chapter, including participant files and files that contain the results of the background checks required by Regulations .08 and .09 of this chapter.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.28 - Notification of Intent Not to Renew Subsidy Services Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a provider does not intend to seek the award of another subsidy services agreement after the current one expires, the provider shall give the Department written notice of that intention at least 120 days before the expiration of the current agreement.
B. A notice provided to satisfy §A of this regulation shall include:
(1) The provider's reasons for ending its participation in the Program;
(2) Plans for alternate services for participants; and
(3) An assurance that the provider shall provide congregate housing services up to the termination date in the current subsidy services agreement.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.29 - Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Department determines that a provider violated or is violating a regulation of this chapter, the Department shall prepare a written notice of violation.
B. A notice of violation shall include:
(1) A description of each condition, action, or inaction that constitutes a violation;
(2) A citation to each regulation violated;
(3) The date by which an ongoing violation shall be corrected; and
(4) The sanctions that may be imposed against the provider for failure to correct the violations.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.30 - Suspension of Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may suspend a provider's certificate if the provider has violated a regulation of this chapter, and the violation has not been corrected within the time specified in the notice of violation.
B. The Department may immediately suspend a provider's certificate if a violation of a regulation of this chapter results in conditions that pose an imminent danger to the health or safety of a participant.
C. The Department shall notify a provider in writing of a decision to suspend the provider's certificate.
D. A notice of certification suspension shall include:
(1) The reasons for suspension;
(2) A citation to the regulation on which the suspension is based;
(3) The period of suspension;
(4) Notification that the violation may lead to revocation of the certificate if the violation is not corrected within the number of days specified in the notice;
(5) The provider's right to appeal the suspension in accordance with Regulation .33 of this chapter; and
(6) What a provider shall do to file an appeal, including all relevant time requirements.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.31 - Revocation or Denial of a Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may revoke, deny, or refuse to renew a certificate for cause. Cause for revocation of a certificate, denial of a certificate, or refusal to renew a certificate includes, but is not limited to, the following:
(1) Conditions that present an imminent danger to the life, safety, health, or welfare of the participants;
(2) Failure to meet the initial certification or renewal requirements of this chapter;
(3) Failure to correct cited violations within the time specified by the Department;
(4) Fraud or misrepresentation in obtaining or attempting to obtain or retain a certificate;
(5) Submission of false information to the Department;
(6) Request by the provider that the certificate be revoked; and
(7) Failure to abide by the terms of the purchase of services agreement.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.32 - Civil Money Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Violations Warranting Penalties. The Secretary, or the Secretary's designee, may impose a civil money penalty against a provider of congregate housing services for:
(1) A violation of this chapter or the provider's subsidy services agreement that results in conditions presenting an imminent danger or substantial probability of death or serious physical harm to a participant;
(2) A violation of a participant's rights specified in Regulation .10 of this chapter; or
(3) Noncompliance with State or local fire safety regulations.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.33 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person aggrieved by a denial of a certificate, a revocation of a certificate, a suspension of a certificate, a refusal to renew a certificate, or by any other action of the Department or the Secretary under this chapter may file a written appeal.
B. An appeal of any action taken by the Department or the Secretary under this chapter shall be conducted in accordance with COMAR 32.01.01 and the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
C. Unless the Secretary states in writing that a provider may enroll new participants while the provider's appeal of a suspension or revocation of its certificate is pending, the provider may not enroll new participants while the appeal is pending.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.05 - Senior Call-Check Service and Notification Program › Section 32.03.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the Program is to offer a free, opt-in, telephonic service to check on eligible elderly Maryland residents at a regularly scheduled time each day. The Program may be provided by the Department through a private vendor, nonprofit organization, or other entity. The Program may also provide automated telephonic "notifications" in the form of public service announcements related to emergency conditions. These notifications will be separate from the daily call process.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.05 - Senior Call-Check Service and Notification Program › Section 32.03.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Term's Defined.
(1) "Department" means the Maryland Department of Aging
(2) "Program" means the Senior Call-Check Service and Notification Program.
(3) "Secretary" means the Secretary of Aging.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.05 - Senior Call-Check Service and Notification Program › Section 32.03.05.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
An individual is eligible to participate in the Program if the following conditions are met:
A. The individual is a Maryland resident who is 65 years old or older who has a landline phone or a cell phone that does not block automated calls from the Program; and
B. The individual is capable of answering and appropriately responding to a daily phone call.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.05 - Senior Call-Check Service and Notification Program › Section 32.03.05.04 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
In order to enroll in the Program, an individual shall submit a complete application on a form made available by the Department.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.05 - Senior Call-Check Service and Notification Program › Section 32.03.05.05 - Assessment of Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of an enrollment application for the Program, the Department or an entity it has retained to administer the Program shall determine whether the applicant is eligible to participate in the Program.
B. If an applicant is determined to be eligible for the Program, the applicant will be enrolled as a participant in the Program.
C. Applicants whose applications are not complete or legible will be classified as not eligible.
D. If the Department or an entity it has retained to administer the Program determines that an applicant is not eligible for the Program, and if the applicant has provided such applicant's current name and address in a legible format, the Department will provide the applicant with a written notification of ineligibility. The notice shall include the following information:
(1) Decision;
(2) Reason for ineligibility;
(3) Specific regulation supporting the action;
(4) Applicant's right to appeal the decision; and
(5) Method for obtaining a hearing.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.05 - Senior Call-Check Service and Notification Program › Section 32.03.05.06 - Revocation or Suspension of Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If Department determines that a participant is no longer eligible to participate in the Program, the Department shall provide the participant with a written notification of enrollment revocation at least 10 business days before the effective date of revocation.
B. The Department may revoke or suspend a participant from the Program if the Department determines that a participant misused or abused the service provided by the Program or repeatedly failed to follow the Program's protocols or other requirement, including any Program limitations or requirements specified in the application form supplied by the Department
C. If the Department determines to revoke or suspend a participant's enrollment, the Department shall notify the participant in writing of the suspension or revocation. The notice shall the following information:
(1) Decision;
(2) Reason for the suspension or revocation
(3) Specific regulation supporting the action;
(4) Effective date of the suspension or revocation;
(5) Applicant's right to appeal the decision; and
(6) Method for obtaining a hearing.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.05 - Senior Call-Check Service and Notification Program › Section 32.03.05.07 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
An appeal of any action taken by the Department or the Secretary under this chapter shall be conducted in accordance with COMAR 32.01.01 and the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.01 - Definitions › Section 33.01.01.02 - Definition of Officer

Current through Register Vol. 51, No. 14, July 12, 2024
For purposes of State Government Article, §
									15-715(g), Annotated Code of Maryland, which provides that contributions by an officer of a not-for-profit organization are not attributable to the organization and the officer is not required to report contributions to the chief executive officer of the organization except in certain circumstances, the term "officer":
A. Includes the organization's president or chairman, vice-president or vice-chairman, secretary, treasurer, executive director, and any individual exercising duties comparable to those typically exercised by an individual holding one of those titles; and
B. Does not include an individual holding a title but not exercising substantial independent responsibility on behalf of the organization similar to the responsibility typically exercised by an individual holding one of the titles listed in §A of this regulation, except if the individual has made a contribution on the recommendation of the organization.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.02 - Petition for Declaratory Ruling › Section 33.01.02.01 - Petition Authorized

Current through Register Vol. 51, No. 14, July 12, 2024
An interested person may petition the State Board for a declaratory ruling on the manner in which the Board would apply any of the following to a person or property on the facts set forth in the petition:
A. A Board regulation;
B. A Board order; or
C. A statute that the Board enforces.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.02 - Petition for Declaratory Ruling › Section 33.01.02.02 - Form, Contents, and Verification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Form. The petition shall be:
(1) In writing; and
(2) Filed with the State Administrator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.02 - Petition for Declaratory Ruling › Section 33.01.02.03 - Action by Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Receipt. Upon receipt of a petition, the State Administrator shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B. Consideration and Disposition. Within 60 days after the petition is submitted, the State Board shall:
(1) Consider the petition; and
(2) Either:
(a) Issue a written declaratory ruling as requested; or
(b) Notify the petitioner in writing of the reasons for not issuing a declaratory ruling.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.02 - Petition for Declaratory Ruling › Section 33.01.02.04 - Effect of Ruling

Current through Register Vol. 51, No. 14, July 12, 2024
If the State Board issues a declaratory ruling, that ruling binds the State Board, the local boards, and the petitioner on the facts set forth in the petition.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.02 - Petition for Declaratory Ruling › Section 33.01.02.05 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A declaratory ruling issued under this chapter is subject to judicial review in the same manner that State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, provides for review of a contested case.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.03 - Petition for Adoption of Regulations › Section 33.01.03.01 - Petition Authorized

Current through Register Vol. 51, No. 14, July 12, 2024
An interested person may petition the State Board for the adoption, amendment, or repeal of a regulation.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.03 - Petition for Adoption of Regulations › Section 33.01.03.02 - Form and Contents

Current through Register Vol. 51, No. 14, July 12, 2024
A. Form. The petition shall be:
(1) In writing; and
(2) Filed with the State Administrator.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.03 - Petition for Adoption of Regulations › Section 33.01.03.03 - Action by Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of receipt. Upon receipt of a petition, the State Administrator shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B. Consideration and Disposition. Within 60 days after the petition is submitted, the State Board shall:
(1) Consider the petition; and
(2) Either:
(a) Deny the petition and notify the petitioner in writing of the reasons for the denial; or
(b) Initiate the procedures for adopting, amending, or repealing the regulation, and notify the petitioner in writing of this action.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.04 - Adoption, Amendment, or Repeal of Regulations › Section 33.01.04.01 - In General

Current through Register Vol. 51, No. 14, July 12, 2024
The State Board may adopt, amend, or repeal regulations, on a regular or emergency basis, as prescribed by the Administrative Procedure Act.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.04 - Adoption, Amendment, or Repeal of Regulations › Section 33.01.04.02 - Notice and Opportunity for Comment

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The State Board shall:
(1) Provide public notice of the proposed adoption, amendment; or repeal; and
(2) Afford interested persons an opportunity to submit written data, views, or argument.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.05 - Administrative Complaint Procedure › Section 33.01.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of this chapter is to provide a uniform, nondiscriminatory procedure for the resolution of any complaint:
(1) Alleging a violation of any provision of Title III of the Help America Vote Act of 2002;
(2) Alleging a violation of any provision of the Election Law Article, Annotated Code of Maryland, relating to provisional ballots; or
(3) Brought by an individual who feels aggrieved by an action of a local board regarding voter registration.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.05 - Administrative Complaint Procedure › Section 33.01.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Complainant" means the person who files a complaint with the State Board under this chapter.
(2) "Respondent" means any State or local election official whose actions are asserted, in a complaint under this chapter, to be in violation of Title III of the Help America Vote Act of 2002.
(3) "Title III" means Title III of the Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§
											15481- 15485.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.05 - Administrative Complaint Procedure › Section 33.01.05.03 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any person who believes that there is a violation of any provision of Title III or any provision of the Election Law Article, Annotated Code of Maryland, related to provisional ballots or who feels aggrieved by an action of a local board regarding voter registration may file a complaint.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.05 - Administrative Complaint Procedure › Section 33.01.05.04 - Form of Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A. Writing and Notarization. A complaint shall be in writing, signed and sworn by the complainant, and notarized.
B. Prescribed or Other Form. The complainant may use:
(1) The form prescribed by the State Board, which is available from the State Board or from any local board of elections, or which may be downloaded from the State Board website; or
(2) Any other form satisfying the requirements of §A of this regulation.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.05 - Administrative Complaint Procedure › Section 33.01.05.05 - Place and Time for Filing; Copy for Respondent

Current through Register Vol. 51, No. 14, July 12, 2024
A. Place for Filing. A complaint shall be filed with the State Board.
B. Time for Filing. A complaint shall be filed:
(1) Within 60 days after the occurrence of the actions or events that form the basis for the complaint, including the actions or events that form the basis for the complainant's belief that a violation is about to occur; or
(2) If later, within 60 days after the complainant knew or, with the exercise of reasonable diligence, should have known of those actions or events.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.05 - Administrative Complaint Procedure › Section 33.01.05.06 - Complaint - Consolidation, Record, Hearing, and Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Consolidation. The State Board may consolidate complaints if they:
(1) Relate to the same actions or events; or
(2) Raise common questions of law or fact.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.05 - Administrative Complaint Procedure › Section 33.01.05.07 - Complaint - Alternate Dispute Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, for any reason, the State Administrator or the State Administrator's designee does not render a final determination within 90 days after the complaint was filed, or within any extension to which the complainant consents, the complaint shall be resolved under this regulation.
B. Selection of Arbitrators.
(1) On or before the 5th business day after a final State Board determination is due, the State Board shall designate in writing to the complainant the name of an arbitrator to serve on a panel to resolve the complaint.
(2) Within 3 business days after the complainant receives the designation of an arbitrator, the complainant shall designate in writing to the State Board the name of a second arbitrator.
(3) Within 3 business days after the complainant's designation of a second arbitrator, the two arbitrators designated shall select a third arbitrator to complete the panel.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.05 - Administrative Complaint Procedure › Section 33.01.05.08 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, the final determination of the State Board under Regulation .06D of this chapter, or the final resolution of an arbitration panel under Regulation .07D of this chapter, may not be appealed in any State or federal court.
B. A final determination of the State Board or a final resolution of an arbitration panel regarding the eligibility of an individual to register to vote is subject to judicial review, as provided by Election Law Article, §
									3-602, Annotated Code of Maryland.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.06 - Candidate Names › Section 33.01.06.01 - 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) "Alternative name" means a name, other than a given name, provided on a certificate of candidacy pursuant to Election Law Article, §
										5-301(c)(3), Annotated Code of Maryland.
(2) "Candidate filing document" means a certificate of candidacy, declaration of intent, or any other document submitted by a candidate for purposes of having the candidate's name placed on the ballot.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.06 - Candidate Names › Section 33.01.06.02 - Requirements for the Use of an Alternative Name

Current through Register Vol. 51, No. 14, July 12, 2024
A. Designation of Alternate Name. The State Administrator or designee shall accept the designation of an alternative name on a candidate filing document if:
(1) The candidate completed the affidavit as specified in Regulation .03 of this chapter; and
(2) The alternative name meets the requirements established under Regulation .04 of this chapter.
Code of Maryland Regulations › Title 33 - STATE BOARD OF ELECTIONS › Subtitle 01 - DEFINITIONS; GENERAL PROVISIONS › Chapter 33.01.06 - Candidate Names › Section 33.01.06.03 - Affidavit of Alternative Name

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Except as provided in §C of this regulation, when a candidate files a candidate filing document with an alternative name, the candidate shall include an affidavit, filed under penalty of perjury, attesting that the candidate is generally known by the alternative name in:
(1) Press accounts concerning the candidate; or
(2) If press accounts do not exist, the candidate's every day encounters with members of the community.