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    Maryland Register
    Issue Date:  July 7, 2017
    Volume 44 • Issue 14 • Page 667
    Title 10
    10.09.80 Community-Based Substance Use Disorder Services
    Authority: Health-General Article, §§2-104(b), 7.5-205(d), 15-103(a)(1), and 15-105(b), Annotated Code of Maryland
    Notice of Proposed Action
    The Secretary of Health proposes to amend Regulations .02, .03, and .05 under COMAR 10.09.80 Community-Based Substance Use Disorder Services.
    Statement of Purpose
    The purpose of this action is to add references regarding COMAR 10.63, which are regulations from the Behavioral Health Administration (BHA) that outlines requirements for behavioral health providers. The addition of these references will require Medicaid providers to comply with the BHA regulations. The update also adds a provision that requires physician assistants to have delegation agreements with supervising physicians.
    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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.
    .02 License Requirements.
    To participate in the Program, a provider shall meet the license requirements stated in COMAR and
    .03 Conditions for Provider Participation.
    A. A provider shall be in compliance with COMAR and
    B. A provider of community-based substance use disorder services shall include:
    (1) Community-based substance use disorder providers that:
    (a) Are licensed by the Department as community-based substance use disorder providers pursuant to the requirements listed in Regulation .05 of this chapter; [and]
    (b) Maintain verification of licenses and credentials of all professionals employed by or under contract with the provider in their respective personnel files; and
    (c) Require any physician assistant employed by the provider to have a delegation agreement with the supervising physician in accordance with COMAR and .03;
    (2)—(3) (text unchanged)
    C.—E. (text unchanged)
    .05 Covered Services.
    A. (text unchanged)
    B. Level 1 group and individual substance use disorder counseling shall:
    (1) Comply with COMAR;
    [(1)] (2) (text unchanged)
    [(2)] (3) Include services for participants who require less than 9 hours weekly for adults and 6 hours weekly for adolescents; [and]
    [(3)] (4)[(4)] (5) (text unchanged)
    C. Level 2.1 Intensive Outpatient services shall:
    (1) Comply with COMAR;
    [(1)] (2)[(4)] (5) (text unchanged)
    D. Level 2.5 partial hospitalization services shall:
    (1) Comply with COMAR;
    [(1)] (2)[(4)] (5) (text unchanged)
    E. Ambulatory withdrawal management service shall:
    (1) Comply with COMAR;
    [(1)] (2) (text unchanged)
    [(2)] (3) Include the following services as medically necessary:
    (a) (text unchanged)
    (b) Managing withdrawal symptoms; and
    [(3)] (4) (text unchanged)
    F. (text unchanged)
    G. Opioid maintenance therapy service delivered through the use of methadone or buprenorphine by opioid treatment programs shall comply with and include:
    (1)—(4) (text unchanged)
    H. (text unchanged)
    Secretary of Health