Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 2
Subtitle 09 - MEDICAL CARE PROGRAMS
Chapter 10.09.46 - Home and Community-Based Services Waiver for Individuals with Brain Injury
Section 10.09.46.07 - Covered Services - Residential Habilitation Services
Universal Citation: MD Code Reg 10.09.46.07
Current through Register Vol. 51, No. 19, September 20, 2024
A. The residential habilitation services covered under this regulation shall be provided in a community-based residential facility.
B. The covered services shall include:
(1)
Habilitative services to assist a participant in acquiring, regaining,
retaining, or improving the self-help skills related to activities of daily
living and the socialization and adaptive skills which are necessary to reside
successfully in home and community-based settings;
(2) Supervision and support, up to 24 hours a
day, in a residence, based on the individual's plan of care; and
(3) Any of the following additional services
which are medically necessary to prevent the participant's institutionalization
and are not otherwise covered for the participant by the Program or another
payer:
(a) Nursing supervision, in accordance
with the Maryland Nurse Practice Act and COMAR 10.27.11 for any medication
administration or other delegated nursing functions provided to the participant
in the residence by a direct care worker; and
(b) Behavior intervention services.
C. The residential habilitation services provider shall provide daily coordination of the participant's clinical treatment, rehabilitation, health, and medical services with the other providers of TBI waiver services and the TBI waiver case manager.
D. Levels of Service.
(1) Services provided in a residential
program shall be provided and reimbursed at one of three levels of service, as
preauthorized in the participant's waiver plan of care approved by the BHA.
(2) Level 1 requires a minimum of
1:3 staff to participant ratio during day and evening shifts and nonawake
supervision during overnight shift or an awake staff person covering more than
one site during the overnight shift. The participant shall meet nursing
facility or special hospital level of care.
(3) Level 2 requires a minimum of 1:3 staff
to participant ratio during day and evening shifts and awake, on-site
supervision during overnight shift. The participant shall meet nursing facility
or special hospital level of care.
(4) Level 3 requires a 1:1 staff to
participant ratio during day and evening shifts and awake on-site supervision
during overnight shift. The participant shall meet special hospital level of
care.
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