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    Maryland Register

    Issue Date:  October 12, 2018

    Volume 45 • Issue 21 • Page 985-986


    Title 10 


    10.09.20 Community Personal Assistance Services

    Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

    Notice of Proposed Action


    The Secretary of Health proposes to amend Regulations .01.04—.06.10, and .13 under COMAR 10.09.20 Community Personal Assistance Services.

    Statement of Purpose

    The purpose of this action is to:

    (1) Clarify definitions;

    (2) Add participation requirements for all Community Personal Assistance Services providers to be free from conflicts of interest and for personal assistance providers to conduct criminal history record checks on all direct service workers;

    (3) Clarify coverage related to transition services for supports planning; and

    (4) Change the number of days covered for personal assistance services provided outside of the State from 14 to 30 days.

    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 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 November 13, 2018. A public hearing has not been scheduled.

    .01 Definitions.

    A. (text unchanged)

    B. Terms Defined.

    (1)—(5) (text unchanged)

    (6) Community Setting.

    (a) (text unchanged)

    (b) “Community setting” does not mean:

    (i)—(iii) (text unchanged)

    (iv) Intermediate care facilities for individuals with intellectual disabilities; or

    [(v) Community-based residential facilities for individuals with intellectual or developmental disabilities licensed under COMAR 10.22.02; or]

    [(vi)(v) (text unchanged)

    (7)—(9) (text unchanged)

    (10) Home.

    (a) “Home” means the participant’s place of residence in a community setting.

    (b) “Home” does not mean:

    (i) An assisted living program as defined in COMAR 10.07.14;

    (ii) A residential rehabilitation program licensed as a therapeutic group home under COMAR 10.21.07;

    (iii) An alternative living unit, group home, or individual family care home as defined in COMAR 10.22.01;

    (iv) Community-based residential facilities for individuals with intellectual or developmental disabilities licensed under COMAR 10.22.02; or

    (v) Any other provider-owned or controlled residence.

    (11)—(25) (text unchanged)

    (26) “Representative” means:

    (a) The person authorized by the individual[, on the form provided by the Department,] to serve as a representative in connection with the provision of personal assistance services and supports; [or]

    (b) The individual who signs the plan of service on the participant’s behalf[.];

    (c) Any individual who makes decisions on behalf of the participant related to the participant’s plan of service;

    (d) A legal guardian of the individual for the participant; or

    (e) The parent or foster parent of a dependent minor child.

    (27)—(29) (text unchanged)

    .04 Conditions for Provider Participation — General Requirements.

    A. To participate as a provider of a service covered under this chapter, a provider:

    (1)—(8) (text unchanged)

    (9) Shall verify Medicaid eligibility at the beginning of each month that services will be rendered; [and]

    (10) May not be a Medicaid provider or principal of a Medicaid provider that has overpayments that remain due to the Department[.]; and

    (11) Shall be free from conflicts of interest.

    B.—C. (text unchanged)

    .05 Specific Conditions for Provider Participation — Personal Assistance.

    A. Personal assistance service providers shall:

    (1) Be licensed as a residential service agency under COMAR 10.07.05 to provide Level Two or Level Three home care services;

    (2)—(8) (text unchanged)

    (9) If applicable, apply for a new license whenever ownership is to be transferred from the person or organization named on the license to another person or organization in time to assure continuity of services; [and]

    (10) Submit a Medicaid provider application to the Department if the new owner chooses to participate in the Program[.]; and

    (11) Conduct a criminal history records check on all direct service workers including nurses, in accordance with the procedure for a State criminal history records check established under Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland.

    B.—C. (text unchanged)

    .06 Specific Conditions for Provider Participation — Supports Planning.

    To participate in the Program as a supports planning provider under Regulation .10 of this chapter, a provider shall:

    [A. Be free from conflicts of interest;]

    [B.A.[C.B. (text unchanged)

    .10 Covered Services — Supports Planning.

    A. (text unchanged)

    B. Supports planning services include [time spent by a qualified provider conducting any ofthe following activities:

    (1)—(6) (text unchanged)

    (7) [Verifying the participant’s eligibility at the beginning of each month that personal assistance services will be rendered.] Administering funds for transition services.

    .13 Limitations.

    A. (text unchanged)

    B. The Program does not cover the following services:

    (1)—(5) (text unchanged)

    (6) Personal assistance services provided outside the State [of Maryland] for more than [14] 30 days per calendar year.

    C. (text unchanged)

    Secretary of Health​