Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 2
Subtitle 09 - MEDICAL CARE PROGRAMS
Chapter 10.09.20 - Community Personal Assistance Services
Section 10.09.20.03 - Participant Eligibility
Universal Citation: MD Code Reg 10.09.20.03
Current through Register Vol. 51, No. 19, September 20, 2024
A. To participate in the Program, the participant shall:
(1) Be determined by the Department to need
assistance with one or more activities of daily living;
(2) Be eligible for Medicaid under an
eligibility coverage group described in COMAR 10.09.24, except for Regulations
.03C, .03-1-.03-3, and .05-2; and
(3) Reside at home.
B. To be eligible for participation, a participant shall have an active plan of service. The plan of service shall:
(1) Be based on:
(a) The evaluation and recommended plan of
care; and
(b) Consultation with the
applicant or participant;
(2) Address the applicant's or participant's
health and safety needs;
(3)
Specify the services needed to safely support the participant in the community,
including a plan for receiving personal assistance services in case of an
emergency;
(4) Specify the provider
agency providing personal assistance services; and
(5) Include the signature of the:
(a) Participant or, when applicable, the
individual's representative;
(b)
Supports planner; and
(c) Personal
assistance provider agency listed within the plan of service.
C. A participant's eligibility for services shall be re-evaluated by the Department every 12 months, or more frequently if needed due to a significant change in the participant's condition or needs.
D. Participant eligibility shall be terminated if the participant:
(1) No longer
meets the required level of care;
(2) No longer resides at home;
(3) Is without personal assistance services
for 30 consecutive calendar days;
(4) Voluntarily chooses, or the participant's
legal representative chooses on the participant's behalf, to disenroll from the
Program;
(5) Moves to another
state;
(6) Is an inpatient for 30
consecutive days or more in an institutional setting, including but not limited
to a chronic hospital or nursing facility; or
(7) Dies.
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