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    Maryland Department of Health
    Regulations

    ​
    REPROPOSAL
    Issue Date:  January 19, 2018
    Volume 45 • Issue 2 • Pages 94—96
     
    Title 10
    MARYLAND DEPARTMENT OF HEALTH
    Subtitle 22 DEVELOPMENTAL DISABILITIES
    Notice of Proposed Action
    [17-241-R]
    The Secretary of Health proposes to amend:
    (1) Regulations .06—.08 under COMAR 10.22.17 Fee Payment System for Licensed Residential and Day Programs; and
    (2) Regulation .04 under COMAR 10.22.18 Community Supported Living Arrangements Payment System.
    Because substantive changes have been made to the original proposal as published in 44:20 Md. R. 954—964 (September 29, 2017), this action is being reproposed at this time.
    Statement of Purpose
    The purpose of this action is to establish in COMAR the FY18 reimbursement rates for Licensed Residential and Day Programs and Personal Support services as part of Community Supported Living Arrangements (CSLA) services. The reproposed text is a result of an error in publishing three rates. This reproposal corrects those rates.
    Comparison to Federal Standards
    There is no corresponding federal standard to this proposed action.
    Estimate of Economic Impact
    I. Summary of Economic Impact. The proposed action increases the rate paid to providers.
     
     
    Revenue (R+/R-)
     
    II. Types of Economic Impact.
    Expenditure
    (E+/E-)
    Magnitude
     
     
    A. On issuing agency:
    (E+)
    $36,288,004
    B. On other State agencies:
    NONE
    C. On local governments:
    NONE
     
     
    Benefit (+)
    Cost (-)
    Magnitude
     
     
    D. On regulated industries or trade groups:
    (+)
    $36,288,004
    E. On other industries or trade groups:
    NONE
    F. Direct and indirect effects on public:
    NONE
    III. Assumptions. (Identified by Impact Letter and Number from Section II.)
    A. A 3.5 percent increase in rates will cause the expenditures of the Developmental Disabilities Administration (DDA) for community services to increase by an estimated $38,288,004 in total funds. The total general funds impact of these changes is $19,847,939.
    D. Regulated provider agencies will benefit from increases to rates by an estimated $36,288,004 in total funds ($19,847,939 in general funds).
    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 W. 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 February 20, 2018. A public hearing has not been scheduled.
     
                    Ed. Note:  Pursuant to State Government Article, §10-113, Annotated Code of Maryland, if a promulgating agency substantively alters the text of regulations that have been previously proposed in the Maryland Register, the altered text must be published in the Maryland Register as though it were initially proposed.  The text of regulations appearing immediately below has been altered substantively from the initially proposed text.
                    Symbols:  Roman type indicates existing text of regulations. Italic type indicates initially proposed new text. Arial Bold Italic type indicates new text that substantively alters the text as initially proposed. [Single brackets] indicate existing text proposed for repeal. [[[Triple brackets]]] indicate text proposed for deletion which substantively alters the originally proposed text.
     
    10.22.17 Fee Payment System for Licensed Residential and Day Programs
    Authority: Health-General Article, §§2-104(b), 7-306.1, 7-307, 7-910(c), 15-105, 15-107, and 16-201, Annotated Code of Maryland
    .06 Determination of Individual Component.
    A.—F. (text unchanged)
    [G.] (proposed for repeal)
    G. Table of Individual Components Effective July 1, 2017.
    (1) Residential Programs.
    Region 1 (originally proposed text unchanged)
    Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)
    Health/Medical
    Level
    Supervision/Assistance Level
    1
    2
    3
    4
    5
    1—4
    (originally proposed text unchanged)
     
    5
    $36.08
    [[[$55.59]]] $53.59
    $81.55
    $123.47
    $170.97
    Region 3—Region 4 (originally proposed text unchanged)
    Region 5 — Wilmington Metro (Cecil)
    Health/Medical
    Level
     
    1
    2
    3
    4
    5
    1
    $21.83
     
    [[[$39.06]]] $39.07
    $66.62
    $107.92
    $154.74
    2—5
    (originally proposed text unchanged)
     
     
     
     
     
    Region 6 (originally proposed text unchanged)
    (2)—(3) (originally proposed text unchanged)
    (4) Community Learning Services.
    Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)
    Health/Medical
    Level
    Supervision/Assistance Level
    1
    2
    3
    4
    5
    1—4 (originally proposed text unchanged)
     
     
     
     
     
     
    5
    $35.68
    $39.74
    $47.70
    [[[$58.89]]] $55.89
    $72.03
    Region 2—Region 6 (originally proposed text unchanged)
    (5) (originally proposed text unchanged)
    .07—.08 (originally proposed text unchanged)
     
    10.22.18 Community Supported Living Arrangements Payment System
    Authority: Health-General Article, §§2-104(b), 7-306.1, 7-307, 15-105, and 5-107, Annotated Code of Maryland
    .04 (originally proposed text unchanged) 
    DENNIS SCHRADER
    Secretary of Health