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    Maryland Register
    Issue Date:  August 5, 2016
    Volume 43 • Issue 16 • Pages 910—911
    Title 10
    10.09.07 Medical Day Care Services
    Authority: Health-General Article, §§2-104(b), 15-105, and 15-111, Annotated Code of Maryland
    Notice of Proposed Action
    The Secretary of Health and Mental Hygiene proposes to amend Regulation .08 under COMAR 10.09.07 Medical Day Care Services.
    Statement of Purpose
    The purpose of this action is to modify the indexing of rates in order to ensure that the amount of the applicable index will be known during the time that the annual budget is developed. Language is also proposed to align with federal policy allowing Medicaid payment for services provided free of charge to other patients.
    Comparison to Federal Standards
    There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.
    Estimate of Economic Impact
    The proposed action has no economic impact.
    Economic Impact on Small Businesses
    The proposed action has minimal or no economic impact on small businesses.
    Impact on Individuals with Disabilities
    The proposed action has no impact on individuals with disabilities.
    Opportunity for Public Comment
    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through September 6, 2016. A public hearing has not been scheduled.
    .08 Payment Procedures.
    A.―C. (text unchanged)
    D. Per Diem Rate.
    (1) Payment to a provider of medical day care services shall be on a per diem basis. The per diem rate is [$71.08] $75.99 effective July 1, [2011] 2016.
    (2) Effective July 1, [2012] 2017, subject to the limitations of the State's budget, the per diem rate shall be adjusted annually by [adjusting the per diem rate for the preceding fiscal year by] the percentage of the annual increase in the [March] previous July Consumer Price Index for All Urban Consumers, medical care component, Washington-Baltimore, from U.S. Department of Labor, Bureau of Labor Statistics. [This rate shall be established 1 month before the beginning of the State's new fiscal year and shall be applicable for the State's entire fiscal year.]
    (3) (text unchanged)
    E. Payment to a provider of medical day care services may not exceed the lesser of the:
    (1) (text unchanged)
    (2) Provider's customary charge to the general public for services covered by the Program, unless the service is free to individuals not covered by Medicaid.
    F. If the service is free to individuals not covered by Medicaid:
    (1) The provider:
    (a) May charge the Program; and
    (b) Shall be reimbursed in accordance with §D of this regulation; and
    (2) The provider’s reimbursement is not limited to the provider’s customary charge.
    Secretary of Health and Mental Hygiene