Md. Code Regs. 10.09.50.05

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

Section 10.09.50.05 - Limitations

A. To participate in the Program as a provider of health-related services or health-related early intervention services, the provider shall be a local school system, a local lead agency, a State-operated education agency, or State-supported education agency.

B. Health-related services or health-related early intervention services outlined in the IEP or the IFSP shall be approved by the IEP or IFSP team for continued treatment.

C. Therapeutic behavior services may only be provided if:

(1) Preauthorized through the IEP or IFSP process and directly related to the IEP or IFSP;

(2) Services are not custodial;

(3) Services are considered medically necessary by the IEP or IFSP team, which develops the recipient's IEP or IFSP;

(4) Delivered in the recipient's home, school, or other setting if normal activities are disrupted;

(5) The therapeutic behavior aide is not a member of the recipient's immediate family or an individual who ordinarily resides in the recipient's home; and

(6) The recipient has:

(a) Maladaptive behavior;

(b) Warrants a behavioral plan;

(c) Behavior that is deviant from developmentally appropriate behavior for the individual's chronological age as determined by the IEP or IFSP team;

(d) A behavior plan that does not include aversive techniques, restraints, and seclusion, or any of these; and

(e) No insurance coverage for therapeutic behavior services when compensated as an individual service covered by another third party insurance or part of a package of benefits covered by either another third party insurance or another public agency.

Md. Code Regs. 10.09.50.05

Regulations .05 adopted as an emergency provision effective February 2, 1993 (20:4 Md. R. 369); adopted permanently effective June 1, 1993 (20:10 Md. R. 852)
Regulations .05 amended effective June 25, 2001 (28:12 Md. R. 1106)
Regulations .05 amended as an emergency provision effective September 2, 1994 (21:20 Md. R. 1729); amended permanently effective December 19, 1994 (21:25 Md. R. 2105)
Regulation .05B amended as an emergency provision effective July 1, 1996 (23:15 Md. R. 1083); amended permanently effective November 4, 1996 (23:22 Md. R. 1497); amended effective 43:5 Md. R. 386, eff.3/14/2016