Md. Code Regs. 10.09.20.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.09.20.05 - Specific Conditions for Provider Participation - Personal Assistance

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) Provide services directly through their workers under the direction of the participant or, when applicable, the participant's representative;

(5) 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 of, and dismiss the personal assistance worker in their home;

(6) 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;

(7) 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;

(8) 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;

(9) 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;

(10) Submit a Medicaid provider application to the Department if the new owner chooses to participate in the Program; 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.

Md. Code Regs. 10.09.20.05

Regulations .05 amended as an emergency provision effective July 1, 1986 (13:15 Md. R. 1729); emergency status expired November 30, 1986
Regulations .05B, D amended effective April 6, 1986 (13:7 Md. R. 795)
Regulation .05B amended effective December 1, 1986 (13:21 Md. R. 2321); July 17, 1995 (22:14 Md. R. 1053)
Regulations .05 amended effective September 6, 1999 (26:18 Md. R. 1376)
Regulations .05, amended as an emergency provision effective July 1, 1983 (10:13 Md. R. 1177); adopted permanently effective October 24, 1983 (10:21 Md. R. 1902)
Regulations .05, amended as an emergency provision effective July 1, 1998 (25:15 Md. R. 1182); emergency status expired December 31, 1998
Regulations .05B; amended as an emergency provision effective July 1, 1986 (13:15 Md. R. 1729); emergency status expired November 30, 1986
Regulations .05B amended as an emergency provision effective July 17, 1990 (17:16 Md. R. 1984); amended permanently effective November 1, 1990 (17:20 Md. R. 2427)
Regulation .05 amended effective January 31, 2005 (32:2 Md. R. 146)
Regulation .05A, F amended effective November 14, 2011 (38:23 Md. R. 1421)
Regulation .05B amended effective August 29, 2005 (32:17 Md. R. 1438); adopted effective 43:5 Md. R. 385, eff.3/14/2016; amended effective 45:26 Md. R. 1242, eff. 12/31/2018