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Proposed Regulations

Welcome to the Maryland Department of Health’s Regulation Registry.​


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Synopsis
Compliance
Documents
  
  
  
  
  
10.64.02.01-.03 Code of Ethics for Licensed Direct-Entry Midwives (BOARD OF NURSING — LICENSED DIRECT-ENTRY MIDWIVES)

The purpose of this action is to provide a Code of Ethics for Licensed Direct-Entry Midwives that will guide them in their practice, add additional regulatory requirements for safe practice, and provide a general framework for their ethical practice.​

​N/A

10.64.02.01-.03.pdf Maryland Register

11/6/202012/7/2020
10.14.08 Professional and Volunteer Firefighter Innovative Cancer Screening Technologies Program (PHPA)

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.pdf Maryland Register

1/31/20203/2/2020
10.09.05.01 and .03—.07 Dental Services (Medical Care Programs)
The purpose of this action is to:
(1) Clarify definitions, provider qualifications, and preauthorization requirements related to mobile dental units and orthodontic treatment coverage to align with current practices;
(2) Add coverage for medically necessary dental services for postpartum women, in accordance with the Governor's FY 2021 supplemental budget;
(3) Update the dental prophylaxis coverage frequency based on Chs. 477 (H.B. 547) and 478 (S.B. 485), Acts of 2021; and
(4) Update the Maryland Medicaid Dental Services Fee Schedule and Procedure Codes CDT, which is incorporated by reference in this chapter.​​

N/A
10.09.05.01, .03-.07.pdf Maryland Register Text
7/16/20218/16/2021
10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organization and 10.67.05 Maryland Medicaid Managed Care Program: Access (Medical Care Programs)
The purpose of this action is to recodify the MCO Rural Access Incentive regulation, sunset the MCO Value-Based Purchasing Program effective December 31, 2021 and implement the HealthChoice Population Health Incentive Program (PHIP) effective January 1, 2022. Additionally, this proposal updates a reference to reflect the recodified MCO Rural Access Incentive regulation.​
N/A
10.67.04 and 10.67.05.pdf Maryland Register Text
7/16/20218/16/2021
10.62.01-10.62.36 Ancillary Business etc. (NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION)
The purpose of this action is to:
(1) Amend the definition of qualifying medical cannabis provider to include physician assistants, and increase the number of caregivers qualifying medical cannabis patients who are under 18 years old;
(2) Codify the Maryland Medical Cannabis Commission's (the Commission) current ancillary business and security guard agency registration requirements into law, which will clarify the registration process and reduce the overall administrative burden of approving and denying these registrations; and
(3) Make numerous licensee-related changes concerning renovations/modifications to licensed grower, processor, and dispensary premises, “deli-style sales," drive-through dispensing, and reporting requirements to streamline Commission administrative processes, reduce the regulatory burden on medical cannabis licensees, and improve product access and safety for patients and caregivers.​
N/A
10.62.01 - 10.62.36.pdf Maryland Register Text
6/4/20217/6/2021
10.09.50.07 School Health-Related Services or Health-Related Early Intervention Services (MEDICAL CARE PROGRAMS)

​The purpose of this action is to permit coverage of telehealth services rendered via audio-only and audio-visual technology by removing a categorical exclusion on services not rendered in person.​

​N/A

10.09.50.07.pdf Maryland Register Text

8/13/20219/13/2021
10.09.39 Doula Services

(1) Establish coverage, requirements, and reimbursement procedures for doulas who enroll in Maryland Medicaid to provide services for pregnant and postpartum individuals; and
(2) Add doula and home visiting services to the list of MCO-covered pregnancy-related benefits. 



​Please see attachment 

10.15.03.27 Food Service Facilities (PHPA)

The purpose of this action is to align Regulation .27 Farmer’s Market, Bake Sales, and Cottage Food Business, with Ch. 405 (H.B. 1017), Acts of 2020, which established that cottage food businesses may request a unique identification number from the Department to be used in lieu of a business address on a cottage food product label.​

​N/A

10.15.03.27.pdf Maryland Register

8/27/20219/27/2021
10.26.02 General Regulations and 10.26.06 Continuing Education (BOARD OF ACUPUNCTURE)

​The purpose of this action is to:
(1) Update the definition of “practice acupuncture" as a result of Ch. 543, Acts of 2019;
(2) Add language that an applicant shall have graduated from a master's level program or its equivalent in acupuncture, as a result of Ch. 543, Acts of 2019;
(3) Remove obsolete language and make clarifying changes;
(4) Define and establish qualifications and procedures for acupoint injection therapy; and
(5) Establish a new chapter for continuing education requirements.​

​N/A

10.26.02 and 10.26.06.pdf Maryland Register

8/27/20219/27/2021
10.28.12.01, .03, .04, .05 Therapeutic Pharmaceutical Agents (BOARD of Optometry)

​The purpose of this action is to:
(1) Add clarifying language to the definitions;
(2) Establish evaluation standards for therapeutically certified optometrists utilizing therapeutic pharmaceutical agents (TPAs);
(3) Remove obsolete language; and
(4) Repeal existing Regulations .05 and .06.​

​N/A

10.28.12.01, .03, .04, .05.pdf Maryland Register

8/27/20219/27/2021
10.09.23.01-1 and .05 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Service (MEDICAL CARE PROGRAMS)
The purpose of this action is to:
(1) Update the Audiology, Physical Therapy, and Early Periodic, Screening, Diagnosis, and Treatment (EPSDT) Provider Manual, which is incorporated by reference in this regulation; and
(2) Clarify limitations to accommodate EPSDT services rendered via audio-only and audio-visual telehealth.​
N/A
10.09.23.01-1 and .05.pdf Maryland Register
9/10/202110/12/2021
10.09.48.01-.08 Targeted Case Management for People with Developmental Disabilities (MEDICAL CARE PROGRAMS)
The purpose of this action is to implement a 4 percent rate increase for targeted case management services, in accordance with the State budget, approved under House Bill 588, Budget Bill (Fiscal Year 2022), Ch. 357 (H.B. 588), Acts of 2020. Furthermore, pursuant to the findings of a rate study required by Ch. 648, Acts of 2014, the proposed action effectuates a geographic differential for targeted case management providers in certain counties. It also updates terms and conditions for participation to align with current practice and the approved Maryland Medicaid State Plan.​
10.09.48.01-.08.pdf Maryland Register
9/10/202110/12/2021
10.09.51.05 Audiology Services (MEDICAL CARE PROGRAMS)
The purpose of this action is to clarify Medicaid coverage policy for hearing aid replacement. Specifically, the proposed action clarifies that participants younger than 21 years old are eligible to receive one hearing aid replacement every 5 years, unless the Department approves more frequent replacement. Additionally, it establishes that participants 21 years old or older are eligible to receive one hearing aid replacement every 5 years, unless the Department approves more frequent replacement, but no more than one hearing aid replacement extraneous to the manufacturer's warranty or the Department's expected lifetime of the device.​
N/A
10.09.51.05.pdf Maryland Register
9/10/202110/12/2021
10.32.12.01-.07 Delegation of Acts by a Licensed Physician (BOARD OF PHYSICIANS)
The purpose of this action is to update regulations to reflect statutory changes, effective October 1, 2019, pursuant to Ch. 445 (H.B. 924), Acts of 2019, “State Board of Physicians — Registered Cardiovascular Invasive Specialists," 2019.
Specifically, the proposal includes but is not limited to:
(1) Updates of the title and scope of the chapter;
(2) The addition of statutory citations to the authority for the chapter;
(3) Revisions and additions of definitions in Regulation .02;
(4) In Regulation .05, an update of the title and the addition of civil penalty language;
(5) The addition of a new Regulation .06, addressing matters regarding education and training of registered cardiovascular invasive specialists (RCIS); RCIS assistance in licensed physicians' performance of fluoroscopy; and the responsibilities of the RCIS, delegating physicians, and hospitals;
(6) The addition of a new Regulation .07 regarding enforcement matters; and
(7) Technical changes or corrections.​
N/A
10.32.12.01-.07.pdf Maryland Register 
9/10/202110/12/2021
10.57.02 Certification—Residential Child Care Program Administrators and 10.57.03 Certification—Residential Child and Youth Care Practitioners (BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS)
The purpose of this action is to have individuals applying to become certified or recertified by the Board of Residential Child Care Program Professionals, which include RCCPAs (Residential Child Care Program Administrators) and RCYCPs (Residential Child and Youth Care Practitioners), be responsible for the payment of any costs required to obtain additional administrative documents associated with the certification and renewal process.​
N/A
10.57.02 and 10.57.03.pdf Maryland Register
9/10/202110/12/2021
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