Maryland Administrative Code

.10 Use of Chemical Restraint. A. Chemical restraint may only be used when the individual's behavior presents a danger to self or serious bodily harm to others. B. A licensee may only use a chemical restraint in a behavioral emergency when: (1) Ordered by a licensed health care p…

.11 Monitoring Use of Medications to Modify Behavior and Restrictive Techniques. The licensee shall monitor the use of restrictive techniques through its internal quality assurance process as required by COMAR 10.22.02.14B(4).

.12 IBMP — Alternative Living Arrangements. After the effective date of this chapter, a licensee providing residential services which specializes in behavior support services shall comply with the requirements of this chapter and COMAR 10.22.08.

.01 Additional Regulatory Compliance. In addition to this chapter, an SRC providing respite services shall comply with the following regulations of this subtitle: A. COMAR 10.22.01; B. COMAR 10.22.04; C. COMAR 10.22.05; and D. COMAR 10.22.10.

.02 Purpose. This chapter addresses the provision of respite services in the SRC for individuals currently living in the community.

.03 Provision of Services. Before respite services are utilized in the SRC, all efforts are made by the Administration to provide individuals living in the community with respite services in the community. Only when there are no other appropriate alternatives available are respit…

.04 Eligibility. To be eligible to receive respite care in the SRC, the individual: A. Shall be eligible to receive services funded by the Administration; B. Shall have an appropriate evaluation with the diagnosis of an intellectual disability; C. Shall have needs that are able t…

.05 Length of Stay. Respite services in the SRC may only be provided to an individual for not more than: A. 45 days per calendar year; or B. 28 consecutive days.

.06 Procedures for Respite Requests. A. The individual's proponent or licensee shall direct requests for respite services to the appropriate regional office. B. The regional office shall arrange for the following: (1) The completion of a formal application; (2) The collection of …

.07 Procedures for Leaving Respite Services. A. The SRC shall arrange for a medical examination or nursing assessment as is appropriate to the individual at the time the individual leaves respite services and shall document the findings. B. The SRC shall document information abou…

.08 Daily Programs. A. The SRC shall provide appropriate daily activities during the time the individual is in respite services. B. The SRC shall make every attempt to maintain the individual in the individual's vocational or day activity during the period of respite services and…

.09 Individual Records. The SRC shall maintain a complete record for each individual receiving respite services.

.10 Funding. The Department's Division of Reimbursement shall determine the cost of respite services in the SRC pursuant to Health-General Article, §16-201, Annotated Code of Maryland.

.01 Purpose. A. These regulations specify the individuals with developmental disability who are eligible for Developmental Disabilities Administration (DDA) funded services, the eligibility criteria which are set forth in Health-General Article, Title 7, Annotated Code of Marylan…

.02 Scope. A. This chapter is applicable to the eligibility and access process for individuals with developmental disability involved in seeking funding from the Developmental Disabilities Administration for services provided in community programs under the jurisdiction of the Ad…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Developmental Disabilities Administration (DDA). (2) “Alternative living unit (ALU)” means a residence that: (a) Provides residential services fo…

.04 Accessing the DDA Service Delivery System by Individuals with Developmental Disability. A. Referrals. (1) An individual may be referred for service or services funded by the DDA by anyone who has legitimate interest in the welfare of the individual. (2) Individuals shall make…

.05 Eligibility Criteria and Preliminary Determination Process. A. Eligibility Criteria. To be eligible for services funded by the DDA as an individual with developmental disability, that individual shall: (1) Be a resident of Maryland; and (2) Have an evaluation that finds that …

.06 Eligibility Determination Process — Personal Contact and Determination of Service Needs. A. Determination of Service Needs. (1) When a personal contact is made by a representative of the DDA, in accordance with Regulation .05B(3)(c), of this chapter, the representative shall:…

.07 Eligibility Determination Process — Determination of Service Priority Category and Description of Categories. A. Determination of Service Priority Category. (1) The regional director shall base the recommendation regarding service priority on the determination that the indivi…

.08 Letter of Final Determination. A. Within 60 days of the receipt of the application, the final letter of determination indicating eligibility, priority, and service needs shall be sent to the applicant, caregiver, or other proponent, when one exists. B. The letter shall contai…

.09 Local Review Committee. A. The regional director shall establish one or more local review committees. B. The function of the LRC is to review the service needs of eligible individuals and make recommendations regarding service needs to the regional director. The LRC shall be …

.10 Confirmation of Eligibility for Service Provision. A. Confirmation of eligibility, which is established before selection of the individual to receive services, is based on an evaluation in accordance with Health-General Article, §7-404, Annotated Code of Maryland. The excepti…

.11 Initiation of Services. A. Initiation of service delivery to an eligible individual seeking DDA-funded services shall be dependent upon: (1) Assigned service priority, except for family support services and low intensity support services which are provided on a first-come, fi…

.12 Admission to and Discharge from DDA Community-Funded Services. A. Exception. This regulation does not apply to family services or low intensity support services. B. General Requirements for Assigning Vacancies or Providing Support Services. (1) Only those individuals seeking …

.13 Eligibility for Other Services. A. An individual's eligibility for services provided by any other public or private agency may not be affected by the individual's eligibility for services pursuant to these regulations. B. If an individual who is eligible for services funded b…

.14 Reporting Requirements. The DDA access unit shall issue an annual report on the characteristics of applicants for DDA-funded services which shall include: A. Information on the total number of individuals waiting for services by service request and priority category; B. The n…

.15 Administrative and Judicial Review. A. Pursuant to COMAR 10.22.16: (1) On any action or inaction of the Secretary pursuant to Regulations .01—.14 of this chapter, an applicant for or recipient of DDA-funded services may request: (a) An informal hearing before the Secretary's …

.01 Scope. These regulations shall apply to each individual who has been admitted to any State residential center under the jurisdiction of the Developmental Disabilities Administration of the Maryland Department of Health.

.02 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) Admission. (a) “Admission” means the process by which an individual with an intellectual disability is accepted as a resident in a State residential center. (b) “Admission” includes the phy…

.03 Hearing Procedures. A. The hearing shall be conducted within 21 days after the admission of an individual to a State residential center. B. Written notice of the admission of an individual and of the date, time, and place of the individual's hearing shall be given: (1) On adm…

.01 Purpose. The purpose of this chapter is to establish a Low Intensity Support Services (LISS) Program in the Developmental Disabilities Administration (DDA). Cross References 10.22.14.09A(1)

.02 Rationale. A. The Program shall: (1) Assist a family to provide for the needs of a child or an adult with developmental disability living in the home; or (2) Support an adult with developmental disability living in the community. B. Services shall be: (1) Flexible to meet the…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Developmental Disabilities Administration (DDA) under the Maryland Department of Health. (2) “Agency” means the selected licensed family and indi…

.04 Setting and Location. Services shall be provided within the individual’s home or a community setting in the most integrated setting.

.05 Application and Eligibility. A. An individual shall submit to the Department: (1) The completed LISS application form; (2) For applicants younger than 21 years old, one of the following, demonstrating that the applicant meets the eligibility requirements for LISS: (a) A final…

.06 Scope. A. Services funded under this program are intended to be, and are limited to, those that: (1) Enhance the individual’s health or increase safety in the home environment; (2) Support the individual to participate in the community; (3) Enable the individual to remain in …

.07 Covered Services. A. Services include supports involving: (1) Attendant care services, including personal care; (2) Camps that are: (a) Approved by the MDH in accordance with COMAR 10.16.06; (b) Accredited by the Maryland State Department of Education; (c) Accredited by the A…

.08 Program Funding. A. The Program is not an entitlement program and does not create a right to funding. B. Funding is not transferable, and the amount funded may not exceed the amount initially requested on the application. C. Amount of Funding. (1) The agency may approve fundi…

.09 Appeals. A. Pursuant to Health-General Article, §7-406, Annotated Code of Maryland, and COMAR 10.22.16: (1) On any action or inaction of the Secretary under Regulations .01 — .08 of this chapter, other than non-selection through the random selection process, an applicant for …

.10 Program Agencies — Eligibility and Responsibilities. A. The agency that administers the Program shall: (1) Be licensed under COMAR 10.22.06 as an Individual and Family Support Program; (2) Have been awarded a contract to administer the Program under the Administration’s compe…

.11 Implementation Date. This chapter shall be implemented July 1, 2015.

.01 Scope. A. These regulations address the management and use of money in the waiting list equity fund. B. The waiting list equity fund may not be used to supplant funds requested or appropriated for: (1) Emergency community placements; or (2) Transitioning students.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Developmental Disabilities Administration (DDA). (2) “Appropriate evaluation” means the assessment of an individual using accepted professional s…

.03 Establishment of the Waiting List Equity Fund. A. The waiting list equity fund is a nonlapsing fund established to ensure that when an individual leaves the State residential center to be served in the community, the net average cost of serving the individual in the SRC is ap…

.04 Submission of Annual Budget. A. When submitting its annual budget request for community services programs, the Administration shall include funds for the ongoing cost of services for the number of: (1) Previous residents placed from the SRC into the community in the previous …

.05 Administration of Fund. A. The Administration shall authorize the funding of services through the WLEF, administered as a nonlapsing revenue account, only to the extent that an appropriation has been made and that funds are available in the WLEF. B. The WLEF may be used to pr…