Md. Code Regs. 14.31.04.02

Current through Register Vol. 52, No. 1, January 10, 2025

Section 14.31.04.02 - Definitions

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

B. Terms Defined.

(1) "Advisory Committee" means the Maryland Interagency Rates Advisory Committee which consists of parents, advocates, and providers appointed by the Children's Cabinet.

(2) "Allowable variance" means less than or equal to plus one standard deviation from the mean as determined by the factors and methodology outlined in the Manual defined in §B(11) of this regulation.

(3) "Child placement agency" means a private agency licensed by the Department of Human Services to receive and place children in foster homes, treatment foster homes, and independent living arrangements.

(4) "Children's Cabinet" means those agencies listed under Executive Order 01.01.2024.05C.

(5) "Class Guidelines" means the Class Determination Guidelines for Residential Child Care Programs, which are maintained and updated, as necessary, by the Committee.

(6) "Committee" means the Maryland Interagency Rates Committee, consisting of an individual or individuals representing:

(a) The Department of Health and Mental Hygiene;

(b) The Department of Human Resources;

(c) The Department of Juvenile Services;

(d) The Department of Budget and Management;

(e) The Maryland State Department of Education; and

(7) "Cost Guidelines" means the Cost Guidelines for Child Placement Agencies, Education Programs, and Non-Residential Programs, which are maintained and updated, as necessary, by the Committee.

(8) "Days" means calendar days, unless otherwise specified.

(9) "Departments" means the:

(a) Department of Health and Mental Hygiene;

(b) Department of Human Resources;

(c) Department of Juvenile Services; and

(d) Maryland State Department of Education.

(10) "Educational program" means a program approved under COMAR 13A.09.10 as a nonpublic general education school to operate in conjunction with residential or nonresidential child care program licensed or approved by the Department of Health, Department of Human Services, or Department of Juvenile Services.

(11) "Manual" means the Rate Setting Methodology Manual for Providers, which is maintained and updated, as necessary, by the Committee.

(12) "Nonpreferred provider" means a provider whose rate or rates, when grouped by service type and, when appropriate, capacity, falls or fall outside an allowable variance.

(13) "Nonresidential program" means a community nonresidential youth program that serves youth served by the Department of Juvenile Services and is not otherwise licensed or certified by the State.

(14) "Preferred provider" means a provider whose rate or rates, when grouped by service type and, when appropriate, capacity, falls or fall within an allowable variance.

(15) "Provider" means an entity licensed, approved, accredited, or certified to provide services to children and adolescents within:

(a) Maryland under:

(i) COMAR 07.05.01;

(ii) COMAR 10.21.07;

(iii) COMAR 16.06.01; or

(iv) COMAR 14.31.05-14.31.07;

(b) Maryland or another state under COMAR 13A.09.10; or

(c) A state other than Maryland under the applicable laws of that state.

(16) "Provider Instructions" means the Interagency Rates Committee Provider Instructions, which are maintained and updated, as necessary, by the Committee.

(17) "Rate" means the daily reimbursement for services provided to children in residential child care programs and other specified programs.

(18) "Rate Section" means the Rate Section at the Maryland State Department of Education.

(19) Residential Child Care Program.

(a) "Residential child care program" means an entity that provides for children 24-hours per day within a structured set of services and activities that are designed to achieve specific objectives relative to the needs of the children served and that include the provision of food, clothing, shelter, education, social services, health, mental health, recreation, or any combination of these services and activities.

(b) "Residential child care program" includes a program:

(i) Licensed by the Department of Health, the Department of Human Services, or the Department of Juvenile Services; and

(ii) Subject to the requirements of the Governor's Office of Children governing operations of residential child care programs.

(20) "Unallowable costs" means those expenditures defined by applicable federal regulations and the Cost Guidelines as unreimbursable.

Md. Code Regs. 14.31.04.02

Regulation .02 amended effective 51:10 Md. R. 528, eff. 7/1/2024.