Maryland Administrative Code

.12 Health and Safety Requirements. A. To obtain and maintain licensure, a licensee shall ensure that any licensed home or site in which the licensee provides services to individuals: (1) Meets local zoning requirements, except as otherwise set forth in Health-General Article, §7…

.13 Records. A. A licensee shall maintain records for each individual at the site where the individual is being served. B. The records shall include at a minimum: (1) The identifying information which appears on the individual's application for services from the Administration; (…

.14 Quality Assurance. A. The licensee shall submit a quality assurance plan and any subsequent substantive changes to the plan to the Administration for approval. B. The licensee shall develop and implement a system of internal quality assurance which at a minimum: (1) Is focuse…

.01 Purpose. This chapter describes the procedures for a license denial and disciplinary action against a licensee.

.02 Definitions. A. In addition to the definitions set forth in COMAR 10.22.01, in this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Isolated scope” means that the identified deficiency has occurred only once, in only one location, or for only …

.03 Failure to Submit Acceptable Plan of Correction. A licensee, including a licensee with deficiencies having only a minor impact, is subject to any intermediate sanction set forth in Regulation .04 of this chapter for failure to comply with COMAR 10.22.02.04E and F.

.04 Intermediate Sanctions. A. After notice and an opportunity for a hearing, the Director may impose any intermediate sanctions listed in §B of this regulation if: (1) Deficiencies have a moderate impact and the scope of the deficiencies occurs on an isolated, low, repeated, or …

.05 Summary Suspension. A. Pursuant to State Government Article, §10-226(c)(2), Annotated Code of Maryland, and if appropriate, after a pre-deprivation hearing, the Director may summarily order the suspension of a license if the Administration finds that the public health, safety…

.06 Denial, Probation, Suspension, or Revocation. A. In addition to any intermediate sanctions, the Director may deny a license or take disciplinary action against a licensee if: (1) An applicant fails to meet the regulations governing the services for which it is applying for a …

.07 Procedures for Hearings. A. If the Secretary proposes to deny a license or take disciplinary action against a licensee, the Director shall give the licensee written notice according to Regulation .06 of this chapter. B. Within 10 working days of receipt of the notice, the gov…

.01 Scope. This chapter identifies the values and outcomes that enhance the quality of life for individuals who are receiving services in the SRCs, FRCs, and the community. It is understood, however, that all of the referenced outcomes might not be evident in the lives of all ind…

.02 Values to be Considered in the Development of the IP. The following values shall be considered in the development of the IP: A. Personal well-being, which includes: (1) Receiving health care services that respond to the individual's needs and are consistent with those of the …

.03 Fundamental Rights. A. Each individual is entitled to the basic rights set forth in Health-General Article, §§7-1002 — 7-1004, Annotated Code of Maryland, unless the individual's team decides it is necessary to restrict a right. If the restriction is due to a challenging beha…

.01 Rationale. Through an individual directed approach, each individual, with assistance from the individual's team, is the designer of the services and supports reflected in the individual plan (IP). The provision of these services and supports may be influenced by health and sa…

.02 Components of the IP. A. The IP is: (1) A single plan for the provision of services and supports to the individual; (2) Directed by the individual; (3) Outcome oriented; and (4) Intended to specify all needed assessments, services, and training. B. The IP is a written plan wh…

.03 Development and Implementation. A. The resource coordinator, as defined in COMAR 10.22.09, shall ensure that: (1) Each individual, other than an individual receiving respite services in the community, has an IP that is developed not more than 30 calendar days after receiving …

.04 Decisions. A. The team shall make decisions by consensus. B. If the team cannot reach a consensus, the resource coordinator shall mediate and resolve the issue of concern. C. If the resource coordinator cannot resolve the issue or if there is not a resource coordinator on the…

.05 Review of the IP. A. Each IP shall be reviewed and approved, disapproved, or modified by: (1) The executive officer or administrative head of the licensee or a qualified developmental disability professional whom the executive officer or administrative head designates; and (2…

.06 Implementation. The licensee shall implement the supports and services that the licensee has agreed to provide, as indicated in the IP, within 20 calendar days.

.01 Additional Regulatory Compliance. In addition to this chapter, a person who provides FISS to an individual shall comply with the following regulations of this subtitle: A. COMAR 10.22.01; B. COMAR 10.22.02, with the exception of COMAR 10.22.02.06; C. COMAR 10.22.03; D. COMAR …

.02 Rationale. A. Services are to be flexible and dynamic to meet the needs of individuals or families desiring specific areas of support and for those who have changing needs. B. Services are to be readily adaptable to the changing needs of the individual. C. The flexibility inh…

.03 Scope. A. FISS cover a wide array of supports in the life of an individual. B. FISS are provided by making use of resources available in the community while, at the same time, building on the individual's existing support network. C. Supports are the assistance provided to th…

.04 Staffing and Training. A. The individual's plan determines the amount of staff time, pattern of supports, and type of staff training needed to support each individual or family. B. The licensee shall ensure that staff: (1) Have the necessary skills to carry out the individual…

.05 Setting and Location. A. The licensee shall provide FISS within the context of each individual or family's life style in the least intrusive manner possible. B. The licensee shall provide FISS consistent with each individual's IP.

.01 Additional Regulatory Compliance. In addition to this chapter, a person who provides vocational or day services to an individual shall comply with the following regulations of this subtitle: A. COMAR 10.22.01; B. COMAR 10.22.02, except COMAR 10.22.02.07; C. COMAR 10.22.03; D.…

.02 Rationale. A. Individuals often need assistance to obtain and maintain work in the community. With supports, job skills are learned and behavior appropriate for the workplace is increased. Work in the community provides income, self-esteem, and personal value for the individu…

.03 Scope. A. The vocational or day services licensee shall respond to individual needs and preferences in accordance with the IP. B. Current program models include: (1) Supported employment; (2) Vocational services; (3) Day habilitation; and (4) Volunteer work. C. Supported Empl…

.04 Staffing and Training. A. Staffing levels shall be determined by the IP with the licensee providing the staff for each individual as indicated in the IP. B. The licensee shall ensure that staff receive training in accordance with COMAR 10.22.02.11.

.05 Setting and Location. A. Integrated work settings are preferred. B. A licensee providing services under this chapter shall make every effort to provide services that are integrated in neighborhoods and communities.

.01 Additional Regulatory Compliance. In addition to this chapter, a person who provides residential services to an individual shall comply with the following regulations of this subtitle: A. COMAR 10.22.01; B. COMAR 10.22.02; C. COMAR 10.22.03; D. COMAR 10.22.04; E. COMAR 10.22.…

.02 Rationale. A. Living in the community involves both a wide range of skills and choices about life style. B. Community residential models accommodate the wide range of choices individuals and their families make about how to live in the community. C. Community residential mode…

.03 Scope. A. Current community residential service models include: (1) Alternative living units (ALU); (2) Group homes; (3) Individual family care homes (IFC); and (4) Community supported living arrangements (CSLA). B. A licensee shall make every effort to provide services to an…

.04 Staffing and Training. A. A licensee shall provide staffing levels and patterns as determined in the IP. B. A licensee shall provide or arrange for the provision of training in accordance with COMAR 10.22.02.11.

.05 Setting and Location. A. An individual may receive services under this chapter in the individual's own home, in the family's home, in a current residential service model, or in any other service model approved by the Director in accordance with COMAR 10.22.02.09F. B. A licens…

.01 Additional Regulatory Compliance. In addition to this chapter, a person who provides resource coordination to an individual shall comply with the following regulations of this subtitle: A. COMAR 10.22.01; B. COMAR 10.22.02, except COMAR 10.22.02.05, .06, .07, .11, .12, and .1…

.02 Rationale. A. Resource coordination is provided by a resource coordinator. B. The resource coordinator assists individuals in obtaining the best quality and most appropriate services and supports within available resources. C. The resource coordinator is responsible to indivi…

.03 Scope. A. Resource coordination may be provided to individuals determined eligible for services from the Administration, including individuals on the waiting list. B. Resource coordination may only be provided by licensees who do not provide direct services to individuals. C.…

.04 Functions of the Resource Coordination Licensee. The resource coordination licensee shall carry out the following functions: A. Determine an individual's needs, preferences, desires, satisfaction, and the most integrated setting appropriate to meet the individual's needs; B. …

.05 Responsibilities of the Resource Coordinator. A. The resource coordinator is responsible for: (1) Ensuring that each individual receives an IP that is designed to meet the individual's needs, preferences, desires, goals, and outcomes in the most integrated setting appropriate…

.06 Staffing and Training. A. A resource coordinator shall have the skills necessary to: (1) Determine the most integrated setting appropriate to meet the individual's needs; (2) Coordinate planning meetings; (3) Negotiate and resolve conflicts; (4) Assist individuals in gaining …

.07 Setting. To the extent feasible, individuals may select: A. Their own resource coordinator; and B. The time, place, and frequency of meetings.

.01 Additional Regulatory Compliance. In addition to this chapter, a person who provides behavior support services to an individual shall comply with the following regulations of this subtitle: A. COMAR 10.22.01; B. COMAR 10.22.02; C. COMAR 10.22.03; D. COMAR 10.22.04; and E. COM…

.02 Rationale. A. The Administration serves individuals who exhibit challenging behaviors and require a variety of supports to achieve success in exercising the individual's choices responsibly. B. Behavior support services are designed to assist individuals who exhibit challengi…

.03 Scope. A. A licensee who provides services to an individual in the community or in an SRC whose record indicates a need for a behavior plan shall meet the requirements of this chapter. B. A licensee who contracts for behavior support services shall ensure that its contractor …

.04 Staffing and Training. In addition to the training requirements in COMAR 10.22.02.11A — D, the licensee shall ensure that staff who provide behavior support services, before being assigned independent duties, receive training in the: A. Principles of behavioral change; and B.…

.05 Behavior Plan (BP). A. A licensee shall ensure that a BP is developed for each individual for whom it is required. B. The licensee shall ensure the BP: (1) Is developed, in conjunction with the team, by a licensed psychologist, psychology associate under the supervision of a …

.06 Use of Restrictive Techniques. A. The licensee shall ensure that the use of restrictive techniques in any BP: (1) Represents the least restrictive, effective alternative, or the lowest effective dose of a medication; and (2) Is only implemented after other methods have been: …