Md. Code Regs. 10.22.12.03

Current through Register Vol. 51, No. 20, October 4, 2024

Section 10.22.12.03 - Definitions

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.

Md. Code Regs. 10.22.12.03

Regulation .03B amended effective September 28, 1992 (19:19 Md. R. 1708)
Regulations .03 amended as an emergency provision effective June 14, 1996 (23:14 Md. R. 1006); amended permanently effective December 2, 1996 (23:24 Md. R. 1681)
Regulation .03B amended effective March 26, 2007 (34:6 Md. R. 627);40:23 Md. R. 1934, eff. 11/25/2013