Md. Code Regs. 10.09.46.09

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

Section 10.09.46.09 - Covered Services - Supported Employment Services

A. The supported employment services covered under this regulation shall be provided in nonresidential community settings, separate from the home or facility in which the participant resides.

B. The covered services shall:

(1) Include a work program that includes supports necessary for the participant to achieve desired outcomes established in the waiver plan of care;

(2) Include rehabilitation activities needed to sustain the participant's job including support and training;

(3) Consist of training, skill development, and paid employment for participants:

(a) For whom competitive employment at or above the minimum wage is unlikely; and

(b) Who, because of disabilities, need intensive ongoing support to perform in a work setting;

(4) Be provided to help individuals obtain and maintain paid work in integrated community settings; and

(5) Include transportation or the coordination of transportation between a participant's residence and the supported employment job site.

C. Levels of Service.

(1) Services shall be provided and reimbursed at one of three levels of service, as preauthorized in the participant's waiver plan of care approved by the BHA.

(2) Level 1 requires that staff members provide daily contacts to the waiver participant. The participant shall meet nursing facility or special hospital level of care.

(3) Level 2 requires that staff members provide a minimum of 1 hour of direct support per day. The participant shall meet nursing facility or special hospital level of care.

(4) Level 3 requires that staff members provide continuous support for a minimum of 4 hours of service per day. The participant shall meet special hospital level of care.

D. When provided at a work site where individuals without disabilities are employed, services shall only include the adaptations, supervision, and training required by the participants as a result of their disabilities, not the supervisory activities rendered as a normal part of the business setting.

E. The Program may not reimburse for the following:

(1) Incentive payments, subsidies, or unrelated incentive payments made to an employer to encourage or subsidize the employer's participation in a supported employment program;

(2) Payments that are passed through to participants in a supported employment program; or

(3) Payments for vocational training that is not directly related to a participant's supported employment program.

Md. Code Regs. 10.09.46.09

Regulations .09 adopted as an emergency provision effective July 1, 2003 (30:14 Md. R. 933); adopted permanently effective December 11, 2003 (30:24 Md. R. 1740); amended effective 47:10 Md. R. 516, eff. 5/18/2020