Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 2
Subtitle 09 - MEDICAL CARE PROGRAMS
Chapter 10.09.84 - Community First Choice
Section 10.09.84.06 - Specific Conditions for Provider Participation - Personal Assistance
Universal Citation: MD Code Reg 10.09.84.06
Current through Register Vol. 51, No. 19, September 20, 2024
A. Personal assistance service providers shall:
(1) Be
licensed as a Residential Service Agency under COMAR 10.07.05 to provide Level
Two or Level Three home care services;
(2) Employ a registered nurse who shall:
(a) Assess each new participant who requires
personal assistance services;
(b)
Participate in developing the worker instructions and in assigning appropriate
personnel;
(c) Delegate nursing
tasks, as appropriate, to a CNA or a CMT in accordance with COMAR 10.27.11;
and
(d) Participate in instructing
the workers who will provide the assistance, when indicated;
(3) Employ workers who will accept
instruction on the personal assistance services required in the participant's
plan of service from the following:
(a) The
participant or, when applicable, the participant's representative;
(b) The nurse monitor;
(c) A treating physician or nurse
practitioner; or
(d) An individual
from the Department;
(4) Allow participants
to have a significant role in the delivery of their specific care including:
(a) Directing the services and supports
identified in their plan of service; and
(b) Exercising as much control as desired to
select, train, schedule, determine duties, and dismiss the personal assistance
worker in their home;
(5) Notify the Department in writing at least
45 days in advance of any:
(a) Voluntary
closure;
(b) Change of ownership;
(c) Change of location;
(d) Sale of the business;
(e) Change in the name under which the
provider is doing business; or
(f)
Change in provider tax identification number;
(6) Include in the notice to the Department
the method for informing participants and representatives of its intent to
close, change ownership, change location, or sell its business;
(7) Include in the notice to the Department,
and inform participants and representatives, of the transition plan developed
by the agency to ensure continuity of services to participants;
(8)
If applicable, apply for a new license whenever ownership is to be transferred
from the person or organization named on the license to another person or
organization in time to assure continuity of services;
(9) Submit a Medicaid provider application to
the Department if the new owner chooses to participate in the
Program;
(10) At least monthly,
collect and maintain the participant's signature, or that of the participant's
representative when applicable, verifying services rendered; and
(11) Conduct a criminal history records check
on all direct service workers including nurses, in accordance with the
procedure for a State criminal history records check established under
Health-General Article, Title 19, Subtitle 19, Annotated Code of
Maryland.
B. A worker who performs delegated nursing services in accordance with COMAR 10.27.11 shall:
(1) If required to administer
medications in accordance with the plan of service, be a certified medications
technician; and
(2) If performing
other delegated nursing functions, also be a certified nursing
assistant.
C. A personal assistance provider agency may not assign the participant's representative to provide services to that participant.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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