PROPOSAL
Maryland Register
Issue Date: November 14, 2016
Volume 43 • Issue 23 • Pages 1285—1286
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.54 Home and Community-Based Options Waiver
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-132, Annotated Code of Maryland
Notice of Proposed Action
[16-292-P]
The Secretary of Health and Mental Hygiene proposes to amend Regulations .13―.19 and .22 under COMAR 10.09.54 Home and Community-Based Options Waiver.
Statement of Purpose
The purpose of this action is to modify the indexing of rates in order to be consistent among home and community-based services programs and to ensure that the amount of the applicable index will be known during the time that the annual budget is developed. In addition, unnecessary definitions are being deleted.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
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 December 14, 2016. A public hearing has not been scheduled.
.13 Covered Services — Assisted Living Services.
[A. Definition. 'Unit of service' means a day of service.]
[B.] A.―[D.] C. (text unchanged)
.14 Covered Services — Behavior Consultation Services.
[A. Definition. 'Unit of service' means an hour of service that is approved in the plan of service and rendered to a participant by a qualified provider, not including:
(1) The time spent on related activities before or after the home visit; or
(2) The provider's time spent on any supervisory or consultative services provided to the renderer of services.]
[B.] A. A provider may bill for the length of a home visit to a participant, upon completion of the services specified in [§D] §C of this regulation.
[C.] B.―[D.] C. (text unchanged)
D. Behavior consultation services do not include:
(1) The time spent on related activities before or after the home visit; or
(2) The provider’s time spent on any supervisory or consultative services provided to the renderer of services.
.15 Covered Services — Senior Center Plus.
A. [Definition. 'Unit of service' means a day of attendance by a participant] A day of service is covered by the Program when the participant attends for at least 4 hours, not including transportation to and from the center.
B.―E. (text unchanged)
.16 Covered Services — Family Training.
A. [Definition. 'Unit of service' means an hour of service that] The Program covers family training when the service is approved in the plan of service and rendered to a family member by a qualified provider, not including the time spent planning, preparing, setting up or following up after the training.
B.―D. (text unchanged)
.17 Covered Services — Dietitian and Nutritionist Services.
[A. Definition. 'Unit of service' means an hour of service that is approved in the plan of service and rendered to a participant by a qualified provider.]
[B.] A.―[D.] C. (text unchanged)
.18 Covered Services — Medical Day Care Services.
[A. Definition. 'Unit of service' means a day of care in which the participant is certified present at the medical day care center a minimum of 4 hours.]
[B.] A provider shall render medical day care services in accordance with COMAR 10.09.07.
.18-1 Covered Services — Respite Care.
[A. Definition. “Unit of service” means a day of service.]
[B.] Respite care services shall:
[(1)] A.―[(6)] F. (text unchanged)
[(7)] G. Including the following services:
[(a)] (1)—[(c)] (3) (text unchanged)
.19 Covered Services — Case Management Services.
[A. Definition. 'Unit of service' means a 15-minute increment of service that is approved by the Department and rendered to a participant by a qualified provider.]
[B.] A.―[C.] B. (text unchanged)
.22 Payment Procedures.
A.―C. (text unchanged)
D. Rates.
(1) (text unchanged)
(2) The Program’s rates as specified in the Department’s fee schedule shall increase on July 1 of each year, subject to the limitations of the State budget, by the lesser of:
(a) (text unchanged)
(b) The percentage of the annual increase in the [March] previous July Consumer Price Index for All Urban Consumers, [all items] medical care component, Washington-Baltimore, from U.S. Department of Labor, Bureau of Labor Statistics.
VAN T. MITCHELL
Secretary of Health and Mental Hygiene