Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 22 - DEVELOPMENTAL DISABILITIES
Chapter 10.22.12 - Eligibility for and Access to Community Services for Individuals with Developmental Disability
Section 10.22.12.03 - Definitions
Universal Citation: MD Code Reg 10.22.12.03
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) "Administration" means the Developmental
Disabilities Administration (DDA).
(2) "Alternative living unit (ALU)" means a
residence that:
(a) Provides residential
services for individuals who, because of developmental disability, require
specialized living arrangements;
(b) Admits not more than three individuals;
and
(c) Provides 10 or more hours
of supervision per unit, per week.
(3) "Applicant" means the individual who
files an application for services with the DDA.
(4) "Application for services" means the
instrument:
(a) Used to make preliminary
determination of eligibility for DDA services, the nature of the disability,
the services required, and how these services are to be provided;
(b) Providing the basis for preliminary
determination of service priority.
(5) "Appropriate evaluation" means the
assessment of an individual using accepted professional standards to document
the presence of a:
(a) Developmental
disability as defined in Health-General Article, §7-101, Annotated Code of
Maryland; or
(b) Disability that
qualifies the individual for individual support services only as defined in
Health-General Article, §7-403(c), Annotated Code of Maryland.
(6) "Caregiver" means the person
who is primarily responsible for the ongoing care of the individual who is
applying for services from the DDA. If the applicant is the caregiver, this
term is applicable to the applicant.
(6-1) "Community Supported Living Arrangements Services (CSLA)" means one or more of the following services to assist an individual with developmental disability or an individual eligible for support services only in those nonvocational activities necessary to enable that individual to live in the individual's own home, apartment, family home, or rental unit, with not more than two other recipients of these services:
(a) Personal assistance;
(b) Supports that enhance the individual's
opportunities for community participation and to exercise choice and control
over the individual's own life;
(c)
Community integration training services necessary to assist the individual in
achieving and maintaining increased integration, interdependence, and
productivity;
(d) 24-hour emergency
assistance;
(e) Assistive
technology;
(f) Adaptive
equipment;
(g) Case management
services;
(h) Environmental
modification;
(i) Respite care;
and
(j) Other services as approved
by the Secretary or the Secretary's designee.
(7) "Department" means the Department of
Health and Mental Hygiene.
(8)
"Developmental Disabilities Administration access unit" ("DDA access unit" or
"unit") means the component which is under contract with the DDA to conduct the
preliminary assessment of eligibility and priority for services based on the
information provided on the application.
(9) "Developmental disability" means a
severe, chronic disability of an individual that:
(a) Is attributable to a physical or mental
impairment other than the sole diagnosis of mental illness, or to a combination
of mental and physical impairments;
(b) Is manifested before the individual
becomes 22 years old;
(c) Is likely
to continue indefinitely;
(d)
Results in an inability to live independently without external support or
continuing and regular assistance; and
(e) Reflects the need for a combination and
sequence of special, interdisciplinary, or generic care, treatment, or other
services that are individually planned and coordinated for the
individual.
(10)
"Director" means the Director of the Developmental Disabilities
Administration.
(11) "Eligibility
for support services only" means an individual shall have a severe chronic
disability that is:
(a) Attributable to a
physical or mental impairment other than the sole diagnosis of mental illness,
or to a combination of mental and physical impairments; and
(b) Likely to continue
indefinitely.
(12)
"Family support services" means a program designed to enable a family to
provide for the needs of a child with developmental disability living in the
home. Family support services include:
(a)
Individual and family counseling;
(b) Personal care;
(c) Day care;
(d) Specialized equipment;
(e) Health services;
(f) Respite care;
(g) Housing adaptations;
(h) Transportation; and
(i) Other necessary services.
(13) "Grabau class" means those
individuals:
(a) Who are confined in a
SRC;
(b) Whose level of
intellectual and personal skills is sufficient to allow them to function
outside the SRC;
(c) Who have been
characterized by the SRC as having maladaptive behavior or emotional
disturbance of sufficient severity as to require their continued placement with
the SRC; and
(d) Who have been
confirmed as members of the class through an appropriate evaluation and
staffing process designated by the DDA.
(14) "Home and Community Based Waiver
(waiver)" means the document and any amendments to it submitted by the single
State agency for Title XIX and approved by the Secretary of Health and Human
Services, which authorizes the waiver of statutory requirements limiting
coverage for home and community based services under the Medicaid State
Plan.
(15) "Individual" means the
person for whom an application for services has been filed with the
DDA.
(16) "Individual family care
home (IFC)" means a private single family residence licensed by the Department
under COMAR 10.22.08 which:
(a) Under
supervision, provides a home for individuals with developmental disability in a
family atmosphere; and
(b) Provides
habilitation services for one to three individuals who are not related to the
caregiver.
(17)
Individual Support Services.
(a) "Individual
support services" means an array of services that are designed to increase or
maintain an individual's ability to live alone or in a family
setting.
(b) "Individual support
services" includes:
(i) In-home assistance
with meals and personal care;
(ii)
Counseling;
(iii) Physical,
occupational, or other therapies;
(iv) Architectural modification;
and
(v) Any other services that the
Administration considers appropriate to meet the individual's needs.
(18) "Knott class"
means individuals with intellectual disabilities who were or are deemed
inappropriately placed within Mental Hygiene Administration
facilities.
(19) "Local review
committee (LRC)" means the committee established by the regional director to
review the service needs of eligible persons and make recommendations to the
regional director.
(20) "Low
intensity support services" means support services in accordance with COMAR
10.22.06. Services qualifying for this category are:
(a) Designed to be one-time only;
(b) Low cost with a cap of $3,000 per
individual per year; or
(c)
Approved by the regional office only if the cost of the services exceeds $3,000
or the services are needed beyond 1 calendar year.
(21) "Personal contact" means a discussion of
circumstances with the applicant, caregiver, or other proponent, when one
exists, with a representative of the DDA, who has knowledge in the disability
or has access to the assistance of someone with knowledge in the disability,
for the purpose of gathering information relevant to the determination of
eligibility, service needs, and priorities.
(22) "Preliminary determination" means the
outcome of the review of information supplied by or for the individual applying
for DDA-funded services to produce an initial assessment of eligibility,
service needs, and priorities.
(23)
"Program" means a prescribed set of services and activities designed to achieve
specific objectives related to the needs of the individuals served.
(24) "Proponent" means any person or agency
who has a legitimate interest in the welfare of the individual applying for DDA
services or being served in a DDA-licensed, operated, or funded
program.
(25) "Provider" means a
licensed agency which provides services through an appropriate agreement with
the Department.
(26) "Regional
director" means the director's designee who is charged with the management of
the service delivery system in a specific geographic area of the
State.
(27) "Resident" means an
individual who:
(a) Demonstrates that that
individual is living in the State voluntarily with an intent to remain on a
permanent basis, including children with parents or guardians who reside out of
the State;
(b) Resides out-of-State
but whose parents or guardians are residents of Maryland; or
(c) Is a migrant worker and, while in the
State, needs medical care and is not receiving assistance from any other state
or political jurisdiction.
(28) "Secretary" means the head of the
Department of Health and Mental Hygiene.
(29) "Secretary's designee" means the
Director of the Developmental Disabilities Administration.
(30) "Service coordinator" means a
professional who is assigned the responsibility for assisting the consumer in
accessing the service delivery system more efficiently and effectively. This
assistance is effected through planning, monitoring, and coordinating the
medical, social, habilitative, and vocational services necessary to meet the
identified needs of the consumer, as agreed upon and specified in the
consumer's individualized service plan.
(31) "State residential center (SRC)" means a
place that:
(a) Is owned and operated by the
State;
(b) Provides residential
services for individuals with intellectual disabilities and who, because of
intellectual disabilities, require specialized living arrangements;
and
(c) Admits nine or more
individuals with intellectual disabilities.
(32) "Waiting list" means, for the purpose of
this chapter, those individuals considered eligible for services and who have
not received those services under the auspices of these regulations.
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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