Md. Code Regs. 13A.11.03.12

Current through Register Vol. 51, No. 18, September 6, 2024

Section 13A.11.03.12 - Record of Services Closure

A. The decision to close a record of services shall be made only with the full participation of the applicant or eligible individual, or, as appropriate, the individual and the individual's representative, unless the individual has refused to participate, is no longer present in the State, or cannot be located. The views of the individual or, as appropriate, the individual and the individual's representative, shall be recorded in the record of services.

B. Whenever a record of services is closed, the Division shall give the applicant or eligible individual or, as appropriate, the individual and the individual's representative, written notice of the:

(1) Reasons for the decision;

(2) Individual's rights and means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for an appeal hearing under COMAR 13A.11.07; and

(3) Availability of the resources within the Client Assistance Program.

C. If a record of services is closed based on a determination that independent living services will not significantly assist the individual to improve the individual's ability to function independently in family or community or to engage or continue in employment, the Division shall review the decision within 12 months after the determination has been made. The individual shall be given written notice and opportunity to participate in the review, unless the individual refused a review, is no longer present in the State, or the individual's whereabouts are unknown. The Division shall conduct subsequent reviews at the request of the individual.

D. Criteria for Closing a Record of Services.

(1) A record of services shall be closed when:

(a) The individual has been determined ineligible under Regulation .04 of this chapter or because the provision of independent living services under an independent living plan has demonstrated that the individual is not capable of functioning more independently in family or community or engaging or continuing in employment;

(b) The individual has declined services or failed to cooperate with the independent living program;

(c) The individual has moved out of the State or cannot be located; or

(d) The independent living goal of the individual included on the independent living plan has been achieved.

(2) A certification of ineligibility indicating the reasons for the determination in §D(1)(a) of this regulation shall be completed, dated, and signed by the counselor.

(3) When the record of services is closed, there shall be documentation describing the way in which the individual has benefited from independent living services and has significantly improved the ability to engage or continue in employment or to function independently in family or community.

Md. Code Regs. 13A.11.03.12

Regulations .12, Independent Living Rehabilitation Services, adopted effective May 27, 1991 (18:10 Md. R. 1117)
Regulation .12B amended effective December 6, 2007 (34:24 Md. R. 2159)