Maryland Administrative Code

.17 Fraud. Suspected fraud is to be referred by the local department to the State's Attorney for a decision with regard to any necessary legal action, if the facts indicate that an individual has knowingly obtained, attempted to obtain, or aided in the obtainment of, services to …

.01 Purpose. These regulations establish standards for adult foster care and procedures for enforcement of those standards. They apply to all adult foster care programs offered by local departments of social services. Adult Foster Care Programs are optional to the local departmen…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Adult Foster Care” means a program that provides a family setting in the community for an aged adult or an adult with disabilities who requires: (a) Protective oversight; …

.03 Eligibility for Adult Foster Care. A. The foster adult shall: (1) Be 18 years old or older; (2) Be an individual with a disability; (3) Be able to benefit from the service; (4) Have a need for the support and interaction of family living; and (5) Provide a medical and behavio…

.04 Local Department Responsibilities to the Foster Adult. A. Application Process. The local department shall: (1) Accept applications from the adult, a relative, or a guardian or other representative; (2) Determine the eligibility of applicants; (3) Assess the applicant's needs …

.05 Requirements for Adult Foster Care Providers. The adult foster care provider shall: A. Have adequate income and financial stability to provide a reasonable standard of living for the foster family; B. Have the skills, knowledge, and ability to provide adequate care for foster…

.06 Local Department Responsibility to the Provider. The local department shall: A. Review applications from those desiring to be considered as adult foster care providers. B. Review and approve or disapprove all applications within 90 days, after the local department has receive…

.07 Standards for Adult Foster Home Approval and Reapproval. The local department shall require: A. A written approval from the local health department of the water supply (well) and waste disposal. A home using a municipal water and sewer system may be exempt from this requireme…

.08 Enforcement. A. Upon discovery of a violation of these regulations, the local department shall give the home written notice of the nature of the violation and shall set a time period, not to exceed 90 days, within which the violation is to be corrected. B. At the end of the p…

.09 Appeal. A. Appeals for a fair hearing and the conduct of the hearing are according to the fair hearing regulations in COMAR 07.01.04. B. The local department shall give written and oral notification of the right and methods of requesting and obtaining a fair hearing to each a…

.01 Purpose. The purpose of the Respite Care Program is to provide short-term, periodic and temporary care for individuals with developmental or functional disabilities in or out of their homes by qualified care workers in order to relieve the family or informal caregiver. This t…

.02 Definitions. A. In this chapter, the following terms have the meaning indicated. B. Terms Defined. (1) “Administration” means the Social Services Administration of the Department of Human Services. (2) “Applicant” means an individual with a developmental or functional disabil…

.03 Eligibility. A. Eligibility for Respite Care Services. Except as provided in §B of this regulation, the following individuals are eligible for respite care services: (1) A family residing in Maryland with an individual with a developmental or functional disability; (2) An ind…

.04 Application Process. A. An applicant seeking respite care services shall apply to the provider of the services. If the local department does not provide the services, it shall refer the applicant to the DHS respite care provider in their area or to another appropriate provide…

.05 Application for Subsidy. A. If the total income is less than or equal to 150 percent of the State's median income adjusted to family size, the applicant may be eligible for a subsidy. B. Income amounts are included in the total income only if they are regular and ongoing. One…

.06 Payment Rate for Subsidized Services. A. For paid care workers, the hourly pay rate is set and published by the Administration. B. The pay rate for a day of respite care is 10 times the hourly rate paid. C. When more than one individual with a developmental or functional disa…

.07 Delivery of Respite Care Service. A. Care Record. If an application is accepted, the provider shall develop and maintain a care record for each recipient of the service. The care record includes the: (1) Completed application; (2) Service plan; (3) Records of each redetermina…

.08 Limitations. A. Respite care services, within one State fiscal year, are available as follows: (1) On an hourly basis, up to a total of 24 hours of care provided in periods of less than 10 hours in any 24-hour period; and (2) On a daily basis, up to 14 days of care with 1 day…

.09 Redetermination and Reconsideration. A. A redetermination of eligibility for respite care service and subsidy, and reconsideration of the service statement is required: (1) If a change occurs which affects eligibility or the need for service; and (2) At least every 12 months.…

.10 Termination. A. The provider shall terminate services if: (1) The provider and consumer agree that the respite care service does not meet the needs identified in the service statement; (2) Requested by the consumer; (3) The applicant, consumer or informal caregiver has provid…

.11 Appeal Rights. Each applicant for or a consumer of services, or an individual acting on behalf of an applicant or consumer, may appeal the denial, reduction, or termination of a service, or failure to act upon a request for service with reasonable promptness to the Hearings U…

.12 Qualification of Care Workers. A. Qualification of care workers is done by the providers using a form approved by the Administration. The minimum requirements for a qualified care worker are: (1) 18 years old or older; (2) Education sufficient to enable the worker to deliver …

.13 Approval of a Respite Care Home. A. Approval of a respite care home is made by the provider, including the determination of the number of individuals with developmental or functional disabilities who may be cared for at one time in the home. B. The minimum requirements for a …

.14 Reporting Requirements. A. The providers shall submit reports and accounts as required by the Administration. B. The provider shall use generally accepted methods of accounting. C. The provider shall make the accounts and records available to representatives of the Administra…

.01 Scope and Purpose. The Certified Adult Residential Environment (CARE) Program, also known as Project Home, is a voluntary program that: A. Develops, certifies, and monitors protective CARE housing for individuals with disabilities; B. Provides case management services to resi…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Social Services Administration of the Department of Human Services. (2) “Adult Foster Family Model of Care” means a program of care where: (a) An…

.03 Eligibility for CARE Services. A. An individual is eligible for CARE services if the individual: (1) Is a resident of Maryland; (2) Is an individual with a disability; (3) Is 18 years old or older; (4) Has no appropriate and willing relative who will provide a community place…

.04 Application for Services. A. The local department shall screen an applicant's completed application for CARE services on forms prescribed by the Administration. A complete application comprises the following information: (1) A completed Project Home application form. (2) A he…

.05 Delivery of CARE Services by the Case Manager. A. Selection of a CARE Home. (1) The case manager shall identify an appropriate CARE home and, with the applicant and the provider, make a placement plan. (2) The selection of an appropriate CARE home shall include consideration …

.06 Redetermination, Reconsideration, and Termination. A. Redetermination. The case manager shall redetermine eligibility and level of care: (1) Within 30 days after the local department obtains information about changes in the resident's circumstances which may affect the reside…

.07 Certification Requirements for CARE Homes. A. A provider and the CARE home operated by the provider shall meet standards set forth in this regulation, and have a separate certification for each site at which the provider applicant proposes to house CARE residents. B. The prov…

.08 Application Process for Providers. A. A person who wishes to operate a CARE home shall apply at the local department and submit a completed application on a form prescribed by the Administration. B. Processing of Application by the Local Department. (1) Except under circumsta…

.09 Local Department Responsibilities to the Provider. Local department responsibilities to the provider include: A. Referral to training offered by the Administration; B. Consultation and supportive services; C. Assistance to formulate realistic house rules; D. Technical advice …

.10 Provider Responsibilities. A. Level of Care. (1) A CARE home shall provide a level of care based on the provider's ability to: (a) Respond to the resident's need for supervision; (b) Teach activities of daily living; (c) Provide personal care services and encouragement; and (…

.11 Limitations on the Certificate. A. A certificate may not be transferred to another residence or provider. B. Time Limitation. (1) A certificate is valid for 1 year from the date of issuance. (2) A temporary certificate is valid for 90 days from the date of issuance. C. Level …

.12 Recertification. A. The local department shall initiate the process to recertify the CARE home: (1) Within 30 days after the local department obtains information about changes in the provider's circumstances or the residence which affect the certification; and (2) At least on…

.13 Probationary Period. A. The local department may place the provider on probationary status: (1) Upon finding that a violation requires immediate action to protect the health, safety, or welfare of a resident in the provider's care; and (2) For not more than 60 days from the d…

.14 Revocation. A. The local department may revoke a certificate if: (1) The provider or the CARE home fails to meet certification requirements as stated in Regulation .07 of this chapter; (2) The provider fails to disclose pertinent information related to certification or provid…

.15 Enforcement. A. If the provider's certificate expires or is revoked, the local department shall send a written notice, if appropriate, to: (1) All residents of the home; (2) Individuals responsible for residents' placement in the home including: (a) The families or guardians …

.16 Limits on Program. A. The delivery of case management services and the certification of CARE homes are subject to the limitation of available funds and staff. B. For CARE applicants who cannot be served due to insufficient funds or staff, the local department shall: (1) Maint…

.17 Fair Hearings and Nondiscrimination. A. The resident, a representative acting on behalf of the resident, or the provider may request a fair hearing as provided in COMAR 07.01.04. B. The local department and provider are subject to the prohibition against discrimination as sta…

.01 Scope. This chapter applies to the approved treatment foster care programs operated by child placement agencies licensed by the Social Services Administration, Department of Human Services under COMAR 07.02.13, and treatment foster care programs operated by a local department…

.02 Goal of Treatment Foster Care. The goal of treatment foster care is to provide intensive services to a child with a serious emotional, behavioral, medical, or psychological condition.

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Social Services Administration. (2) “Case manager” means a provider agent or representative responsible for: (a) Providing supervision, training,…

.04 Staffing Requirements. A. The case load ratio may not be greater than one case manager to ten children. B. The provider agency may decrease the case load ratios of the case manager set forth in §A of this regulation if it is determined that one or more of the following circum…

.05 Staff Training Requirements. A provider agency shall meet the following staff training requirements in which professional staff shall: A. Participate in a minimum of 20 hours of preservice training, before assuming casework responsibilities, which includes: (1) An overview of…

.06 Eligibility Requirements. A. A child is eligible for treatment foster care if the local department determines that the child: (1) Qualifies for foster care under COMAR 07.02.11.04; and (2) Has one or more of the following conditions: (a) A serious medical condition including,…

.07 Referral Responsibilities. A. Local Department Responsibilities. The local department shall: (1) Determine that a child is eligible for treatment foster care; and (2) Send to each potential provider agency with which the local department seeks to place a child the following: …

.08 Post-Acceptance Responsibilities. A. The provider agency shall: (1) Within 30 calendar days of a child's acceptance into the program, develop a treatment plan in conjunction with the local department; (2) Convene a team, including but not limited to the local department of so…

.09 Treatment Home Capacity Requirements. The number of children placed in one eligible treatment home may not exceed two without prior justification and approval in writing from the Administration.