Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.25 - Fee Schedule - Mental Health Services - Community-Based Programs and Individual Practitioners
Section 10.21.25.03 - Definitions
Universal Citation: MD Code Reg 10.21.25.03
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, terms have the meanings stated in COMAR 10.21.17, COMAR 10.63.01.02, and this regulation.
B. Terms Defined.
(1) "Ability-to-pay schedule" means the
schedule adopted, according to the provisions of Health-General Article, Title
16, Subtitle 2, Annotated Code of Maryland, by the Secretary to evaluate and
establish the extent of a consumer's ability to pay for services
rendered.
(2) "Administration"
means the Behavioral Health Administration.
(2-1) "Assertive Community Treatment Program
(ACT)" means an evidence-based practice program approved by the Administration
under its regulations.
(3) "Core
service agency (CSA)" has the meaning stated in COMAR 10.63.01.02.
(3-1) "Day habilitation" has the meaning
stated in COMAR 10.09.46.
(3-2)
"Emergency department" means an organized hospital-based facility that provides
unscheduled episodic services, 24 hours per day, 7 days per week, to
individuals who present for immediate medical attention.
(4) Emergency Service.
(a) "Emergency service" means a service that
is provided to an individual who presents a danger to the life or safety of the
individual or another.
(b)
"Emergency service" does not include a residential or mobile crisis
service.
(5) "Enhanced
support" means short-term, in-home services, in addition to other services to
an individual, provided by a program to support the individual to remain in the
community:
(a) For mobile treatment services:
(i) Under COMAR 10.21.19 if approved;
and
(ii) Under COMAR
10.63.03.04 if licensed;
(b) For adult psychiatric
rehabilitation services:
(i) Under COMAR
10.21.21 if approved; and
(ii)
Under COMAR
10.63.03.09 if licensed,
or
(c) For outpatient
mental health services;
(i) Under COMAR
10.21.20 if approved; and
(ii)
Under COMAR
10.63.03.05 if licensed.
(5-1)
"Evidence-based practice (EBP)" is an Administration-approved practice that
applies to certain clinical or rehabilitative interventions provided by public
mental health service providers.
(5-2) "Family psychoeducation" is an
evidence-based practice approved by the Administration under its
regulations.
(6) "Fee" means the
dollar amount, established by the Secretary, that a provider may charge an
individual who receives services under this chapter for a unit of service,
before the application of an ability-to-pay determination.
(7) "Individual practitioner" means:
(a) A marriage and family therapist who is
licensed and legally authorized to practice clinical marriage and family
therapy in the state in which the service is rendered;
(b) A nurse psychotherapist who is:
(i) Licensed and legally authorized to
practice as a nurse psychotherapist in the state in which the service is
rendered; and
(ii) Certified by the
Maryland Board of Nursing or an equivalent board of nursing in another state as
a nurse psychotherapist, and demonstrates, by training and experience, the
competency to provide the mental health services;
(c) A certified registered nurse practitioner
- psychiatric mental health (CRNP-PMH) who is:
(i) Licensed and legally authorized to
practice as a certified registered nurse practitioner-psychiatric in the state
in which the service is rendered to perform independently the services set
forth in COMAR 10.27.07; and
(ii)
Certified by the Maryland Board of Nursing or an equivalent board of nursing in
another state as a certified registered nurse practitioner with a specialty in
psychiatry pursuant to COMAR 10.27.07 and demonstrates, by training and
experience, the competency to provide the mental health services;
(d) An occupational therapist who:
(i) Is licensed and legally authorized to
practice as an occupational therapist in the state in which the service is
rendered, and
(ii) Demonstrates, by
training and experience, the competency to provide mental health
services;
(e) A
physician who:
(i) Is licensed and legally
authorized to practice as a physician in the state in which the service is
rendered, and
(ii) Demonstrates, by
training and experience, the competency to provide mental health
services;
(f) A
professional counselor who is licensed and legally authorized to practice as a
clinical professional counselor in the state in which the service is
rendered;
(g) A psychologist who:
(i) Is licensed and legally authorized to
practice as a psychologist in the state in which the service is rendered,
and
(ii) Demonstrates, by training
and experience, the competency to provide mental health services; or
(h) A social worker who is
licensed and legally authorized to practice as a clinical social worker in the
state in which the service is rendered.
(7-1) "Intensive outpatient services" means
services that are delivered to an individual by a multidisciplinary team for a
minimum of 3 hours of therapeutic activities, including at least two group
therapies.
(7-2) "Level I" means a
level of service provided to an individual who is enrolled in the Traumatic
Brain Injury Waiver Program, based on the requirements for intensity of
services and staffing outlined in:
(a) For
individuals receiving residential habilitation services, COMAR
10.09.46.07D(2);
(b) For individuals receiving day
habilitation services, COMAR
10.09.46.08F(2);
and
(c) For individuals receiving
supported employment services, COMAR
10.09.46.09C(2).
(7-3) "Level II" means a
level of service provided to an individual who is enrolled in the Traumatic
Brain Injury Waiver Program, based on the requirements for intensity of
services and staffing outlined in:
(a) For
individuals receiving residential habilitation services, COMAR
10.09.46.07D(3);
(b) For individuals receiving day
habilitation services, COMAR
10.09.46.08F(3);
and
(c) For individuals receiving
supported employment services, COMAR
10.09.46.09C(3).
(7-4) "Level III" means a
level of service provided to an individual who is enrolled in the Traumatic
Brain Injury Waiver Program, based on the requirements for intensity of
services and staffing outlined in:
(a) For
individuals receiving residential habilitation services, COMAR
10.09.46.07D(4);
(b) For individuals receiving day
habilitation services, COMAR
10.09.46.08F(4);
and
(c) For individuals receiving
supported employment services, COMAR
10.09.46.09C(4).
(7-5) "Local behavioral health authority
(LBHA)" has the meaning stated in COMAR 10.63.01.02.
(8) Mental Health Program.
(a)"Mental health program" means a program
that provides a plan of mental health treatment or mental health
rehabilitation, consisting of various therapeutic modalities, that is:
(i) Approved by the Department under this
subtitle or COMAR 10.09 to be eligible to receive State or federal funds;
and
(ii) Provided in the
community.
(b) "Mental
health program" includes:
(i)
Non-hospital-based partial hospitalization (psychiatric day treatment) services
under COMAR 10.21.02 if approved, and COMAR
10.63.03.08 if licensed;
(ii) Therapeutic nursery programs
under COMAR 10.21.18;
(iii) Mobile
treatment services under COMAR 10.21.19 if approved, and COMAR
10.63.03.04 if licensed;
(iv) Outpatient mental health clinic (OMHC)
services under COMAR 10.21.20 if approved, and COMAR
10.63.03.05 if licensed;
(v) Psychiatric rehabilitation programs for
adults under COMAR 10.21.21 if approved, and COMAR
10.63.03.09 if licensed, including
supported living services;
(vi)
Residential rehabilitation programs under COMAR 10.21.22 if approved, and COMAR
10.63.04.05 if licensed;
(vii) (text unchanged)
(viii) Supported employment programs under
COMAR 10.21.28 if approved, and COMAR
10.63.03.16 if licensed;
(ix) Respite care programs under COMAR
10.21.27 if approved, and COMAR
10.63.03.15 if licensed;
(x) Residential crisis services programs
under COMAR 10.21.26 if approved, and COMAR
10.63.04.04 if licensed;
and
(xi) Therapeutic and
psychiatric rehabilitation services for minors under COMAR 10.21.29 if
approved, and COMAR
10.63.03.10 if licensed.
(9) Mobile Treatment.
(a) "Mobile treatment" means a program
approved under COMAR 10.21.19, or licensed under COMAR 10.63.03.04.
(b) "Mobile treatment" does not include
transporting an individual to a program site to receive services.
(10) Off-Site.
(a) "Off-site" means a location, other than a
site defined in §B(11) of this regulation, to which mental health program
staff travels to provide services to an individual.
(b) "Off-site" includes, with respect to
psychiatric rehabilitation program services, those services delivered to an
individual:
(i) In the individual's home,
including a residential rehabilitation program residence;
(ii) At a job site; or
(iii) At another community location
appropriate to the individual's needs.
(c) "Off-site" does not include:
(i) A juvenile detention center; or
(ii) Any facility or group home that is
licensed to provide rehabilitative or therapeutic services, or living
skills.
(11)
"On-site" means a mental health program facility or other site to which a
program has access and at which the program regularly delivers services to
individuals who come to the site for the services.
(11-1) Other Mental Health Professional.
(a) "Other mental health professional" means
an individual who is licensed, certified, or otherwise legally authorized to
independently provide the mental health service.
(b) "Other mental health professional"
includes a:
(i) Licensed certified social
worker - clinical;
(ii) Nurse
psychotherapist;
(iii) Licensed
clinical professional counselor;
(iv) Licensed clinical marriage and family
therapist; or
(v) Certified
registered nurse practitioner - psychiatric mental health (CRNP-PMH).
(12) "Outpatient mental
health clinic (OMHC)" means a program approved under COMAR 10.21.20 or licensed
under COMAR 10.63.03.05.
(13)
"Partial hospitalization program" means a program approved under COMAR 10.21.02
or licensed under COMAR 10.63.03.08.
(14) "Program" means a mental health program
as defined in §B(8) of this regulation.
(15) "Provider" means:
(a) A community-based mental health program
as defined in §B(8) of this chapter; or
(b) An individual practitioner as defined in
§B(7) of this chapter.
(16) "Psychiatric rehabilitation program for
adults (PRP)" means a program approved under COMAR 10.21.21 or licensed under
COMAR 10.63.03.09.
(16-1)
"Residential crisis services (RCS)" means a program approved under COMAR
10.21.26 or licensed under COMAR 10.63.04.04.
(16-2) "Residential habilitation" has the
meaning stated in COMAR 10.09.46.
(17) "Residential rehabilitation program
(RRP)" means a program approved under COMAR 10.21.22 or licensed under COMAR
10.63.04.05.
(17-1) "Respite care"
means services that are approved under COMAR 10.21.27 or licensed under COMAR
10.63.03.1.
(18) "Secretary" means
the Secretary of Health and Mental Hygiene.
(19) "Serious emotional disturbance" means a
condition that is:
(a) Manifest in an
individual younger than 18 years old;
(b) Diagnosed according to a current
diagnostic and statistical manual of the American Psychiatric Association that
is recognized by the Secretary, excluding the following, unless it coexists
with a diagnosable psychiatric disorder:
(i)
Developmental disorder;
(ii)
Substance abuse; and
(iii) Disorder
classified under the "V" code; and
(c) Characterized by a functional impairment
that substantially interferes with or limits the child's role or functioning in
the family, school, or community activities, including the following:
(i) Inability to achieve or maintain one or
more developmentally appropriate social, behavioral communicative, or adaptive
skills; or
(ii) Episodic,
recurrent, and continuous functional impairments.
(20) "Serious and persistent
mental disorder" means a disorder that is:
(a)
Manifest in an individual 18 years old or older;
(b) Diagnosed, according to a current
diagnostic and statistical manual of the American Psychiatric Association that
is recognized by the Secretary, as:
(i)
Schizophrenic disorder;
(ii) Major
affective disorder;
(iii) Other
psychotic disorder; or
(iv)
Borderline or schizotypal personality disorders, with the exclusion of an
abnormality that is manifested only by repeated criminal or otherwise
antisocial conduct; and
(c) Characterized by impaired role
functioning, on a continuing or intermittent basis, for at least 2 years,
including at least three of the following:
(i)
Inability to maintain independent employment;
(ii) Social behavior that results in
intervention by the mental health system;
(iii) Inability, due to cognitive
disorganization, to procure financial assistance to support living in the
community;
(iv) Severe inability to
establish or maintain a personal social support system;
(v) Need for assistance with basic living
skills.
(21)
"Therapeutic and psychiatric rehabilitation services for minors" means a
program approved under COMAR 10.21.29 or licensed under COMAR 10.63.03.10.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.