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    Maryland Register
    Issue Date:  August 5, 2016
    Volume 43 • Issue 16 • Page 916
    Title 10
    10.09.59 Specialty Mental Health Services
    Authority: Health-General Article §§2-104(b), 2-105(b), 15-103, and 15-105, Annotated Code of Maryland
    Notice of Proposed Action
       The Secretary of Health and Mental Hygiene proposes to amend Regulations .01, .04, and .06 under COMAR 10.09.59 Specialty Mental Health Services.
    Statement of Purpose
    The purpose of this action is to:
         (1) Facilitate the integration of mental health and substance-related disorder regulations into a new comprehensive regulation for behavioral health. During the transition period to the new regulations, both the old sets of regulations found in COMAR and the newly promulgated regulations in COMAR 10.63 will be needed; and
         (2) Update definitions and regulations for laboratory screens that the administrative services organization (ASO) is responsible for paying.
    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 September 6, 2016. A public hearing has not been scheduled.
    .01 Definitions.
       A. (text unchanged)
       B. Terms Defined.
          (1) (text unchanged)
          (2) “Definitive drug test” means a drug screening test that includes:
              (a) The ability to identify individual drugs and distinguish between structural isomers, but not necessarily stereoisomers, using gas chromatography or mass spectrometry and liquid chromatography or mass spectrometry;
              (b) Qualitative or quantitative results;
              (c) All source types for specimen selection; and
              (d) Specimen validity testing, per day, 1—22 or more drug classes including metabolites, if performed.
          [(2)] (3)[(9)] (10) (text unchanged)
          (11) “Presumptive drug test” means a drug screening test that includes:
              (a) Any number of drug classes;
              (b) Any number of devices;
              (c) The use of direct optical observation, instrument assisted direct optical observation or instrumented chemistry analyzers; and
             (d) Sample validation.
          [(10)] (12)[(13)] (15) (text unchanged)
    .04 Provider Requirements for Participation.
       A. (text unchanged)
       B. Community Mental Health Program Providers. To participate in the Program as a community-based mental health program provider, the provider shall be approved under COMAR 10.21.16 and COMAR 10.63.06, whichever is applicable, by the Office of Health Care Quality as:
          (1) A psychiatric rehabilitation program in compliance with:
              (a) COMAR 10.21.17 if approved and COMAR 10.63.01 if licensed;
              (b) If serving adults, COMAR 10.21.21 if approved and if licensed; and
              (c) If serving children, COMAR 10.21.29 if approved and if licensed;
          (2) A mobile treatment program in compliance with:
              (a) COMAR 10.21.17 and 10.21.19 if approved; and
              (b) COMAR [10.21.19] 10.63.01 and if licensed; or
          (3) An outpatient mental health clinic in compliance with:
              (a) COMAR 10.21.17 and 10.21.20 if approved; and
              (b) COMAR [10.21.20] 10.63.01 and if licensed.
       C. (text unchanged)
       D. Other Licensed or Approved Mental Health Providers. To participate in the Program as a specialty mental health provider not defined in §§A—C of this regulation, a provider shall be approved pursuant to COMAR as a:
          (1)—(3) (text unchanged)
          (4) Non-hospital-based mental health psychiatric day treatment provider in compliance with:
               (a) COMAR 10.21.17 and 20.21.02 if approved; and
               (b) COMAR [10.21.02] 10.63.01 and if licensed;
          (5)—(8) (text unchanged)
    .06 Covered Services.
       The ASO shall reimburse the following specialty mental health services rendered to participants when authorized by the ASO:
       A.—B. (text unchanged)
       C. [Laboratory services listed as follows] Presumptive drug tests and definitive drug tests, when ordered by a specialty mental health provider, with a behavioral health primary diagnosis listed in COMAR or J on the claim[:].
       [table proposed for repeal]
    Secretary of Health and Mental Hygiene