Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 11 - MATERNAL AND CHILD HEALTH
Chapter 10.11.03 - Children's Medical Services Program
Section 10.11.03.02 - Definitions
Universal Citation: MD Code Reg 10.11.03.02
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agency" means a legally incorporated
body or governmental unit which provides services to disabled children or their
families, or both.
(2) "Allowable
cost" means the maximum amount which the Program will reimburse for the drug or
product portion of the prescription.
(3) "Appeal" means the process by which a child with
special health care needs, as defined in §B(9) of this regulation, or the
family on the child's behalf, obtains a review of a decision, action, or lack
of action on the part of the CMS Program or one of its designees.
(4) "Applicant " means a child with special
health care needs, as defined in §B(9) of this regulation, or the parent
or guardian of a child, for whom a written application has been submitted to
the CMS Program for services, but for whom eligibility has not yet been
determined.
(5) "Authorized
services" means that care which is approved by the CMS Program for an eligible
child.
(6) "Care coordination
services" means services to promote the effective and efficient utilization of
resources to assure access to necessary comprehensive services.
(7) "Care management plan (CMP)" means a
written document that lists recommendations for care as specified by a licensed
and boarded provider
(8)
"Children's Medical Services Program (CMS Program)" means that program which is
administered by the Department pursuant to Health-General Article,
§15-125, Annotated Code of Maryland, to:
(a) Provide for specialized medical, surgical
pharmacologic, and related rehabilitative evaluation and treatment services for
children with special health care needs younger than 22 years old who:
(i) Meet the residential, identification,
financial, and medical eligibility requirements; and
(ii) Are uninsured or do not have coverage in
their existing health insurance plans that cover certain types of medical
care;
(b) Provide and
promote family-centered, community-based coordinated care for children with
special health care needs, and promote development of community-based,
culturally competent systems of services for those children and their families
throughout the State; and
(c)
Distribute funds to cover specialty diagnostic and treatment services for
eligible children with special health care needs in Maryland
(9) "Children with special health
care needs " means individuals, birth to 22 years old, who have or who are at
increased risk for a chronic physical development, behavioral, or emotional
condition and who also require health and related services of a type or amount
beyond that required by children generally.
(10) "Departmenf means the Department of
Health and Mental Hygiene, the single State agency designated to administer the
CMS Program.
(11) "Disabling
condition" means a health-related condition or impairment that may hinder
achievement of normal growth and development.
(12) "Disposable medical supplies" means
consumable or disposable items with minimal or no potential for reuse which are
used to serve a medical purpose.
(13) "Durable medical equipment" means
equipment which satisfies all of the following requirements:
(a) It can withstand repeated use;
(b) It is used to serve a medical purpose;
and
(c) It is appropriate for use
in the home.
(14)
"Federal poverty level" means the poverty guidelines, as amended, which are
updated periodically in the Federal Register by the U.S. Department of Health
and Human Services.
(15)
"Financial eligibility guidelines" means the schedule based upon the federal
poverty level which is used to determine financial eligibility for the CMS
Program.
(16) "General hospital"
means an institution which falls within the jurisdiction of Health-General
Article, Title 19, Subtitle 3, Annotated Code of Maryland, and is licensed as a
general hospital by the Department of Health and Mental Hygiene, Division of
Licensing and Certification, in accordance with COMAR 10.07.01.
(17) "Health Services Cost Review Commission
(HSCRC)" means the independent organization within the Department of Health and
Mental Hygiene which is responsible for reviewing and approving rates for
hospitals pursuant to Health-General Article, Title 19, Subtitle 2, Annotated
Code of Maryland.
(18) "Hospital"
means an institution which falls within the jurisdiction of Health-General
Article, Title 19, Subtitle 3, Annotated Code of Maryland, and is licensed
pursuant to COMAR 10.07.01, or other applicable standards established by the
state in which the services are provided.
(19) "Income" means any property or service
received by a person in cash or in kind which can be applied directly to meet
basic needs for food, shelter, and medical expenses.
(20) "Long-term hospitalization" means an
inpatient stay of more than 2 weeks.
(21) "Medical assistance" has the meaning
stated in COMAR 10.09.24.02.
(22)"Medical care" means medical services and
specialized care provided by physicians and allied health professionals in
hospitals, convalescent facilities, clinics, private physicians' offices, in
home and other community-based settings. Medical care may include the services
rendered by dentists, nurses, medical social workers, childlife specialists,
nutritionists, dietitians, psychologists, physical therapists, occupational
therapists, speech-language pathologists, audiologists, optometrists,
ophthalmologists, technicians, and other pertinent personnel whose services may
be needed by those children who are served by the CMS Program.
(23) "Medically necessary dental care" means
reasonable and appropriate diagnosis, treatment, and follow-up care as
determined and prescribed by qualified, appropriate health care providers in
treating a condition, disease, injury, birth defect, or development
malformation to restore facial configuration or function necessary for speech,
swallowing, or chewing.
(24)
"Physician specialist" means a:
(a) Licensed
medical doctor who is qualified to practice medicine in a specialty area and
who is either board certified or board eligible and who has experience in the
care of children; or
(b) Resident
physician under the supervision of a licensed board-certified
physician.
(25)
"Preauthorization" means an approval required from the Department or its
designee before the provision of services.
(26) "Provider" means an individual or entity duly
licensed or certified to render a health care service or product pursuant to
these regulations through an appropriate agreement with the Department, and
identified as a CMS Program provider by the issuance of an individual vendor
number.
(27) "Residency" means
living in the State voluntarily with the intention of making the State the
individual's permanent home for an indefinite period and not for a temporary
purpose.
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