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The purpose of this action is to:

(1) Amend the requirements for testing English competency of foreign nursing school graduates whose nursing education was not taught in English;

(2) Repeal the waiver for a clinical nursing education requirement for a nurse applying for a license by endorsement in this State;

(3) Define competency in reading, speaking, writing, and listening in accordance with the Nurse Licensure Compact.

(4) Define the minimal passing scores for the two English language competency tests that the Board recognizes; and

(5) Repeal, in accordance with the Sunset Provision, effective September 30, 2018, for Health Occupations Article, §8-307(c), Annotated Code of Maryland, the requirement that the Board waive the supervised clinical learning experience requirement for nurse endorsement applicants who attended a nursing program without a supervised clinical learning experience requirement.​

​N/A

10.27.01.01, .05, and .10.docx10.27.01.01, .05, and .10.docx Maryland Register

7/5/20198/5/2019
  

​The purpose of this action is to:

(1) Simplify the permitting requirements for construction, alteration, repair, and replacement of parts for pools and spas;

(2) Reduce the frequency of inspections for pools and spas with a demonstrated history of compliance;

(3) Clarify and add specificity to the conditions which may warrant the suspension of an operating permit;

(4) Add a mechanism by which the Department can ensure regulations are implemented and enforced consistently across the State; and

(5) Make general corrections and revisions to clarify the regulatory requirements of pools and spas.


​N/A

1/17/20202/18/2020
  

The purpose of this action is to establish the FY20 reimbursement rates for Licensed Residential and Day Programs and Personal Support services as part of Community Supported Living Arrangements (CSLA) services in accordance with Health General Article, §7-307(d), Annotated Code of Maryland.​

9/27/201910/28/2019
  

The purpose of this action is to update and clarify best practices to align with industry standards within the profession.​

10.29.03.01-.06 to.doc10.29.03.01-.06 to.doc Regulation Text

10.29.03.01-.06.docx10.29.03.01-.06.docx Maryland Register 

10/25/201911/25/2019
  

The purpose of this action is to amend obsolete provisions and make clarifying changes.​

10/25/201911/25/2019
  

The purpose of this action is to update eligibility rules for the Family Planning Program required by Health-General Article, §15-140, Annotated Code of Maryland in order to integrate the Program in Maryland Health Connection and as required by the Centers for Medicare and Medicaid Services as a condition for approving Maryland’s Medicaid State Plan Amendment.​

​N/A

10.09.37.02-.13.docx10.09.37.02-.13.docx Maryland Register

9/13/201910/15/20191/3/2020FINAL AAP1/13/2020
  

The purpose of this action is to add physician assistants and certified nurse midwives to the list of providers that may be reimbursed by the Breast and Cervical Cancer Diagnosis and Treatment Program (Program) under this chapter, update outdated references and definitions, and make clarifying changes throughout.​

​N/A

10/25/201911/25/2019
  

​The purpose of this action is to (1) Define the terms “affiliated line of business”, “affiliation”, “claim”, “clean claim”, and “termination” in order to clarify the Program’s requirements for timely filing of claims; 

(2) Clarify the definitions of terms “provider”, “overpayment”, and “withhold payment”; 

(3) Clarify that providers shall register and maintain good standing with the State Department of Assessments and Taxation (SDAT); 

(4) Explain the Program’s policy regarding backdating enrollment effective dates for new providers; 

(5) Centralize existing payment procedures under the general provider payment procedures regulation;

(6) Amend timely filing requirements by eliminating the ability to continuously resubmit claims after initial denial;

(7) Clarify the Department’s ability to recover an overpayment and providers’ ability to appeal an overpayment recovery; 

(8) Codify the Program’s authority to terminate enrollment for lines of business affiliated with for-cause terminated providers;

(9) Explain the effective date of the Program’s action to suspend payment when a credible allegation of fraud is determined; and

(10) Change instances of the term “recipient” to “participant”.


10.09.36 Compliance Guide.docx10.09.36 Compliance Guide.docx Compliance Guide

  

The purpose of this action is to implement a 3.5 percent rate increase in accordance with the Fiscal Year (FY) 2020 State budget, effective July 1, 2019.​​

1/3/20202/3/2020
  

The purpose of this action is to:

(1) Waive the fee for patient identification cards for qualifying medical cannabis patients;
(2) Update ownership and control provisions to be consistent with new statutory requirements on ownership of a medical cannabis license;
(3) Alter the transfer of ownership interest fee in a grower, processor, or dispensary license for transfers involving an individual transferee ($500 per person instead of the current $7,000 fee);
(4) Update the inspection and enforcement provisions pertaining to the Maryland Medical Cannabis Program;
(5) Replace the term “certifying physician” with “certifying provider” in conformity with statute;
(6) Amend an existing regulation to make it mandatory for licensed dispensaries to appoint a clinical director; and
(7) Amend the definition of “medical cannabis” to exempt legal hemp (e.g. cultivated with a state or federal license) from the definition of medical cannabis.​
1/17/20202/18/2020
  

The purpose of this action is to amend COMAR 10.10.11 to require persons to notify local Health Officers regarding incidents involving possible human exposure to biological agents (as set forth in Title 42, Part 73; Title 7, Part 331; and Title 9, Part 121). The Department also proposes to revise and add definitions to COMAR 10.10.11 to clarify terms and procedures and update the methods and/or processes used to exchange BAR information with local jurisdictions, the Maryland Emergency Management Agency (MEMA), the BAR Program, the Department, the Maryland Institute for Emergency Medical Services Systems (MIEMSS), Maryland Department of the Environment (MDE), and persons registered in the BAR program.​

10.10.11 Compliance guide.docx10.10.11 Compliance guide.docx Compliance Guide


1/17/20202/18/2020
  

The purpose of this action is to:

(1) Make necessary updates to disease control measures;
(2) Standardize language and formatting;
(3) Align record maintenance and confidentiality language with statute; and
(4) Update and add incorporated by reference documents.​ 

1/17/20202/18/2020
  

The purpose of this action is to conform regulations to changes made to food safety laws by legislation passed during the 2018 and 2019 General Assembly sessions (338-339 and Chapters 491 of the Acts of 2018 and Chapters 230 and 370-371 of the Acts of 2019). The proposed action:

(1) Amends definitions related to cottage foods, micro markets, excluded organizations, and temporary food service facilities;
(2) Makes several corrections, clarifications, and deletions of obsolete text;
(3) Promulgates a new regulation related to the requirements of micro markets.
(4) Adds new methods for the sale of cottage foods;
(5) Conforms storage temperature requirements for crab meat to COMAR 10.15.02;
(6) Specifies food disposal or reconditioning procedures;
(7) Modifies the requirements for a base of operations for mobile food service facilities; and
(8) Clarifies thawing procedures for potentially hazardous foods.​

10.15.03 Compliance Guide.pdf10.15.03 Compliance Guide.pdf Compliance Guide


1/31/20203/2/2020
  

The purpose of this action is to :

(1) Align regulations with statute by repealing language regarding parental consent forms as set forth under chapters 440 and 441, Acts of 2019;
(2) Repeal requirements for maintaining records for each minor customer;
(3) Require the posting of a notice; and
(4) Add penalties for failure to post the notice.​ 

10.52.06.02-.10 to v2.doc10.52.06.02-.10 to v2.doc Regulation Text

10.52.06 Compliance Guide.pdf10.52.06 Compliance Guide.pdf Compliance Guide

  

​The purpose of this action is to amend the chapter regarding HIV and CD4+ investigations and reporting. These changes are the result of a Regulatory Review and Evaluation Act (RREA) review of the chapter, where the Department found that these regulations require: 

(1) Clarifications about which tests shall be reported to the Department for HIV surveillance activities; and 

(2) Updates to be consistent with technology developed since the adoption of the regulations in 2002.


  

The purpose of this action is to:

(1) Clarify medical day care provider requirements for the care planning process;
(2) Change instances of the term “physician” to “primary care providers”; and
(3) Update the medical day care service per diem rate in accordance with the Fiscal Year (FY) 2020 State budget.​

10.09.07.03, .05, .08.docx10.09.07.03, .05, .08.docx Maryland Register

1/17/20202/18/2020
  

The purpose of this action is to update Home and Community-Based Waiver for Individuals with Brain Injury regulations to align with approved waiver application and ensure regulations reflect approved methods and language. Specifically, the proposed action updates the formal name of the operating state agency and the accrediting entity and their associated acronyms where they appear in regulations, removes the word ‘traumatic’ from the required diagnosis of a brain injury, amends the service definition of Individual Supports Services, and changes the billable increment for Individual Supports Services from one hour to 15 minutes.​

10.09.46 compliance guide.docx10.09.46 compliance guide.docx Compliance Guide


1/17/20202/18/2020
  

The purpose of this action is to update regulations governing the Home and Community-Based Services Waiver for Children with Autism Spectrum Disorder to align with the CMS-approved waiver conditions. Specifically, the proposed action clarifies requirements for participant eligibility, plans of care, and determining residential habitation intensity levels. Additionally, it updates the range of therapeutic integration service hours for which the Program may reimburse.​

1/31/20203/2/2020
  

The purpose of this action is to enable the Department to approve licensure for certain off-campus hospital-owned and -operated outpatient sites—provided that the Health Services Cost Review Commission determines the sites qualify for hospital rates under the hospital rate setting system.​

​N/A

10.07.01.06.docx10.07.01.06.docx Maryland Register

12/20/20191/21/2020
  

​The purpose of this action is to bring regulations into compliance with recent legislation. In order to comply with H.B .570 of 2019, the Department is removing the on-site requirement for outpatient mental health center (OMHC) medical directors. In accordance with S.B. 524 of 2019, the Department is providing that any health care service provided via telehealth by psychiatric nurse practitioners serving in an assertive community treatment (ACT) or mobile treatment program is equivalent to the same service when provided through an in-person consultation and extending the sunset date through which ACT or mobile treatment services may be delivered via telehealth to September 30, 2021.​

​N/A

10.09.59.04.docx10.09.59.04.docx Maryland Register

12/20/20191/21/2020
  

​The purpose of this action is to:

(1) Update the Grade “A” Pasteurized Milk Ordinance incorporated by reference in COMAR 10.15.06.03 and 10.15.08.03 to reflect the most recent version of this document from 2017;

(2) Revise the requirements for toilet facilities on milk plants in COMAR 10.15.06.16 to be consistent with requirements under COMAR 10.15.09.18; and

(3) Add a definition for “on-farm processor” to COMAR 10.15.06.02.


​N/A

10.15.06 and 10.15.08.docx10.15.06 and 10.15.08.docx Maryland Register

12/20/20191/21/2020
  

​The purpose of this action is to establish:

(1) Guidelines for the provision of dry needling as an intervention performed by chiropractors; and

(2) The minimum education and training requirements for chiropractors to perform dry needling.


​N/A

10.43.16.01-.05.docx10.43.16.01-.05.docx Maryland Register text

12/20/20191/21/2020
  

The purpose of this action is to outline the eligibility, covered health care services, and other components of the State-funded demonstration program, as required by Ch. 447, Acts of 2018. The demonstration program will provide health care services limited to private duty nursing services for a limited number of eligible individuals who are enrolled in Maryland Medical Assistance through the Employed Individuals with Disabilities program.​

​N/A

10.12.06.01-.09.docx10.12.06.01-.09.docx Maryland Register

1/3/20202/3/2020
  

The purpose of this action is to:

(1) Update obsolete references and definitions;

(2) Correct the due dates of MCO reports to coincide with current policy;

(3) Remove HIV drugs from the list of non-capitated covered services;

(4) Clarify the time frames for resolving provider complaints and enrollee appeals; and

(5) Repeal an obsolete chapter of regulations.​

​N/A

1/17/20202/18/2020
  

​The purpose of this action is to:

(1) Update the incorporation by reference in COMAR 10.07.02.02 to reflect the most current industry guidelines;

(2) Remove the incorporation by reference for two outdated CMS guidelines;

(3) Update the licensing language in COMAR 10.07.02.03;

(4) Update the name of the agency referred to in COMAR 10.07.02.01 and 10.07.02.33 from Office of Infectious Disease Epidemiology and Outbreak Response to Infectious Disease Epidemiology and Outbreak Response Bureau;

(5) Clarify references within the nursing home regulations; and

(6) Remove duplicative language in COMAR 10.07.02.40.


​N/A

10.07.02.01-.03, .33, .40.docx10.07.02.01-.03, .33, .40.docx Maryland Register

1/17/20202/18/2020
  

​The purpose of this action is to enable the Maryland Prescription Drug Monitoring Program (PDMP) to implement recent expansion of the requirements and authorities of the PDMP to support the safe and effective use of controlled dangerous substance prescription in Maryland. These guidelines are being promulgated in accordance with H.B. 25, Ch. 531, Acts of 2019, Public Health — Prescription Drug Monitoring Program — Revisions, and H.B. 466, Ch. 364, Acts of 2019, Prescription Drug Monitoring Program — Program Evaluation.​

​N/A

10.47.07.02, .04, .05.docx10.47.07.02, .04, .05.docx Maryland Register

1/17/20202/18/2020
  

The purpose of this action is to adopt regulations for the Professional and Volunteer Firefighter Innovative Cancer Screening Technologies Program, which was established by Ch. 219 (S.B. 727), Acts of 2019, to provide grants to fire departments to procure innovative cancer screening tests to reduce cancer mortality among professional and volunteer firefighters.​

​N/A

10.14.08.01-.08.docx10.14.08.01-.08.docx Maryland Register

1/31/20203/2/2020
  

The purpose of this action is to repeal the chapter regarding AIDS investigations and reporting in its entirety because the provisions of the chapter have been incorporated into COMAR 10.18.02 HIV and CD4+ Investigations and Case Reporting.​

​N/A

10.18.03.01-.05.docx10.18.03.01-.05.docx Maryland Register 

1/31/20203/2/2020
  

The purpose of this action is to update certification periods from 6 months to 1 year, to change the term “check” to “food instrument,” a term that includes EBT cards, and to add 1 year certification options for eligible infants, children, and breastfeeding women. These chapters were reviewed as part of the Regulatory Review and Evaluation Act (RREA) process.​

​N/A

1/31/20203/2/2020
  

The purpose of this action is to allow physical therapists trained in dry needling while in active military service to practice in Maryland.​

​N/A

10.38.12.03.docx10.38.12.03.docx Maryland Register

2/14/20203/16/2020
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