October 12, 2018
45 • Issue 21 • Page 985-986
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.20 Community Personal Assistance
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
Statement of Purpose
The purpose of
this action is to:
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
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
action has no economic impact.
Economic Impact on Small Businesses
action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
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
firstname.lastname@example.org, or fax to 410-767-6483. Comments will be accepted
through November 13, 2018. A public hearing has not been scheduled.
B. Terms Defined.
(1)—(5) (text unchanged)
(a) (text unchanged)
setting” does not mean:
(i)—(iii) (text unchanged)
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
(7)—(9) (text unchanged)
(a) “Home” means the participant’s place of
residence in a community setting.
(b) “Home” does
(i) An assisted
living program as defined in COMAR 10.07.14;
residential rehabilitation program licensed as a therapeutic group home under
alternative living unit, group home, or individual family care home as defined in COMAR 10.22.01;
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)
(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
(b) The individual
who signs the plan of service on the participant’s behalf[.];
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
(10) May not be a
Medicaid provider or principal of a Medicaid provider that has overpayments
that remain due to the Department[.];
(11) Shall be
free from conflicts of interest.
Conditions for Provider Participation — Personal Assistance.
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[.];
(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.
.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
.10 Covered Services — Supports Planning.
planning services include [time spent by a qualified provider
conducting any of] the following activities:
(1)—(6) (text unchanged)
the participant’s eligibility at the beginning of each month that personal
assistance services will be rendered.] Administering
funds for transition services.
B. The Program does not cover the following services:
assistance services provided outside the State [of Maryland] for
more than  30 days per calendar year.
ROBERT R. NEALL
Secretary of Health
201 W. Preston Street, Baltimore, MD 21201-2399
(410) 767-6500 or 1-877-463-3464