Md. Code Regs. 10.09.52.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.09.52.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Autism" has the meaning stated in COMAR 10.09.56.01C.

(2) "Autism Waiver" or "Waiver" means the Home and Community-Based Services Waiver for Children with Autism Spectrum Disorder.

(3) "Autism Waiver Service Coordination" means the coordination of waiver services covered under this chapter.

(4) "Autism Waiver Service Coordinator" means an individual who meets the requirements specified in Regulation .03-1 of this chapter and provides the autism waiver services specified in Regulations .04-1-04.2 of this chapter to a waiver participant.

(5) "Department" has the meaning stated in COMAR 10.09.36.01B.

(6) "Home and Community-Based Services Waiver for Children with Autism Spectrum Disorder" means the program implemented under COMAR 10.09.56 in accordance with the document and any amendments to it submitted by the Department to, and approved by, the Secretary of the U. S. Department of Health and Human Services, which authorizes the waiver, pursuant to Section 1915(c) of Title XIX of the Social Security Act, of certain specified statutory requirements limiting coverage for home and community-based services under the Medical Assistance Program.

(7) "IEP service coordination" means the coordination of services which assists a participant in gaining access to the services recommended in the participant's IEP.

(8) "IEP service coordinator" means an individual who meets the requirements in Regulation .03C of this chapter.

(9) "Individualized Education Program (IEP)" means a written, individualized plan of care for a participant, that:

(a) Is developed by an IEP team on a form approved by MSDE;

(b) Recommends the special education and related services to meet a participant's needs; and

(c) Conforms with the requirements in COMAR 13A.05.01 and 34 CFR §§ 300.320 -300-324.

(10) "Individualized education program (IEP) team" means the multidisciplinary team convened by a provider in accordance with COMAR 13A.05.01 to review a participant's needs, develop the participant's IEP, and determine the placement of the participant in the least restrictive environment.

(11) "Individualized family service plan (IFSP)" means a written, individualized plan for providing early intervention and other services for an infant, toddler, or preschool-age child, in accordance with COMAR 13A.13.01.

(12) "Local lead agency" means the agency designated by the local governing authority in each jurisdiction to administer the interagency system of early intervention services under the direction of the Maryland State Department of Education.

(13) "Local school system (LSS)" means any public school system in Maryland responsible for providing public elementary or secondary education.

(14) "Maryland Medicaid Managed Care Program" has the meaning stated in COMAR 10.67.01.01.

(15) "Maryland State Department of Education (MSDE)" is the agency responsible for ensuring that all children with disabilities residing in the State are identified, assessed, and provided with a free, appropriate public education consistent with State and federal laws.

(16) "Medically necessary" has the meaning stated in COMAR 10.09.36.01B.

(17) "Parent" has the meaning stated in COMAR 13A.13.01.03.

(18) "Participant" means an individual who meets the qualifications for participation in the services covered under this chapter, as specified in Regulation .02 of this chapter.

(19) "Program" has the meaning stated in COMAR 10.09.36.01B.

(20) "Provider" means an agency which meets the conditions for participation, as specified in Regulation .03 of this chapter.

(21) "Qualified diagnostician" means an individual whose license or certification permits diagnosis of Autism Spectrum Disorder.

(22) "Rare and expensive case management (REM)" has the meaning stated in COMAR 10.09.69.02.

(23) "Telehealth" has the meaning as stated in COMAR 10.09.49.02.

(24) "Waiver eligible person" means an individual who meets the qualifications, as specified in COMAR 10.09.56, for participation in the Autism Waiver.

(25) "Waiver multidisciplinary team" means the team, consistent with the Individuals with Disabilities Education Act (IDEA), which is convened for a waiver applicant or waiver participant.

(26) "Waiver participant" means a child whose enrollment meets the requirements set forth in COMAR 10.09.56.

(27) "Waiver plan of care" means the written, individualized treatment plan which preauthorizes the specific Autism Waiver services to be provided to a waiver participant, as covered under COMAR 10.09.56.

Md. Code Regs. 10.09.52.01

Regulations .01 adopted as an emergency provision effective June 17, 1993 (20:14 Md. R. 1165); adopted permanently effective September 27, 1993 (20:19 Md. R. 1472)
Regulations .01 amended as an emergency provision effective March 23, 1998 (25:8 Md. R. 595); amended permanently effective June 29, 1998 (25:13 Md. R. 993):
Regulations .01 amended effective July 1, 2001(28:12 Md. R. 1107)
Regulation .01B amended effective August 27, 2007 (34:17 Md. R. 1507); amended effective 43:6 Md. R. 407, eff.3/28/2016; amended effective 50:22 Md. R. 973, eff. 11/13/2023