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07.02.18.00.htm 07.02.18.00. Title 07 DEPARTMENT OF HUMAN SERVICES Subtitle 02 SOCIAL SERVICES ADMINISTRATION Chapter 18 Respite Care Services Authority: Human Services Article, Title 7, Subtitle 2, Annotated Code of Maryland
07.02.18.01.htm 07.02.18.01. 01 Purpose.. The purpose of the Respite Care Program is to provide short-term, periodic and temporary care for individuals with developmental or functional disabilities in or out of their homes by qualified care workers in order to relieve the family or informal caregiver. This temporary care of the adult or child with a developmental or functional disability provides a period of rest and renewal for the family while contributing to maintaining the individual
07.02.18.02.htm 07.02.18.02. 02 Definitions.. A. In this chapter, the following terms have the meaning indicated.. B. Terms Defined.. 1) "Administration" means the Social Services Administration of the Department of Human Services.. 2) "Applicant" means an individual with a developmental or functional disability, a family member, a caregiver, or an authorized representative of the individual with the disability, who is applying for respite services.3) "Consumer" means an individual with a developme
07.02.18.03.htm 07.02.18.03. 03 Eligibility.. A. Eligibility for Respite Care Services. Except as provided in §B of this regulation, the following individuals are eligible for respite care services:1) A family residing in Maryland with an individual with a developmental or functional disability;. 2) An individual in Maryland with a developmental or functional disability, who does not reside with a family or;3) An individual in Maryland with a developmental or functional disability living in a foster home..
07.02.18.04.htm 07.02.18.04. 04 Application Process.. A. An applicant seeking respite care services shall apply to the provider of the services. If the local department does not provide the services, it shall refer the applicant to the DHS respite care provider in their area or to another appropriate provider. The provider shall inform the applicant about the eligibility requirements, rights, and obligations under the program. The applicant shall complete the application on a form approved by the Ad
07.02.18.05.htm 07.02.18.05. 05 Application for Subsidy.. A. If the total income is less than or equal to 150 percent of the State's median income adjusted to family size, the applicant may be eligible for a subsidy.B. Income amounts are included in the total income only if they are regular and ongoing. One-time payments such as gifts or income tax refunds are not included. The total income includes items deducted from salaries and wages such as withholding taxes or social security.
07.02.18.06.htm 07.02.18.06. 06 Payment Rate for Subsidized Services.. A. For paid care workers, the hourly pay rate is set and published by the Administration.. B. The pay rate for a day of respite care is 10 times the hourly rate paid.. C. When more than one individual with a developmental or functional disability requires care in the same household, payments and fees are 1/2 the set rate for each additional individual with a disability in the household, in addition to the full rate for the initial individu
07.02.18.07.htm 07.02.18.07. 07 Delivery of Respite Care Service.. A. Care Record. If an application is accepted, the provider shall develop and maintain a care record for each recipient of the service. The care record includes the:1) Completed application;. 2) Service plan;. 3) Records of each redetermination and reconsideration;. 4) Records of termination and disposition of the case; and. 5) Records of service delivery.. B. Level of Care. The levels of care are:. 1) Level I care; and. 2) Level II care..
07.02.18.08.htm 07.02.18.08. 08 Limitations.. A. Respite care services, within one State fiscal year, are available as follows:. 1) On an hourly basis, up to a total of 24 hours of care provided in periods of less than 10 hours in any 24-hour period; and2) On a daily basis, up to 14 days of care with 1 day being not fewer than 10, or more than 24 hours in any 24-hour period.B. An unused day of care may be converted into hours, with 1 day equal to 10 hours..
07.02.18.09.htm 07.02.18.09. 09 Redetermination and Reconsideration.. A. A redetermination of eligibility for respite care service and subsidy, and reconsideration of the service statement is required:1) If a change occurs which affects eligibility or the need for service; and. 2) At least every 12 months.. B. The provider shall document in the care record the determination and reconsideration and include:. 1) The current living arrangements;. 2) A written statement of subsidy status, and the
07.02.18.10.htm 07.02.18.10. 10 Termination.. A. The provider shall terminate services if:. 1) The provider and consumer agree that the respite care service does not meet the needs identified in the service statement;2) Requested by the consumer;. 3) The applicant, consumer or informal caregiver has provided fraudulent information, inappropriate information or withheld information impacting the eligibility for service or misused the subsidy;4) The consumer has moved from the area served by the provider;.
07.02.18.11.htm 07.02.18.11. 11 Appeal Rights.. Each applicant for or a consumer of services, or an individual acting on behalf of an applicant or consumer, may appeal the denial, reduction, or termination of a service, or failure to act upon a request for service with reasonable promptness to the Hearings Unit of the Social Services Administration. The requirements and procedures in COMAR 07.01.04 apply.
07.02.18.12.htm 07.02.18.12. 12 Qualification of Care Workers.. A. Qualification of care workers is done by the providers using a form approved by the Administration. The minimum requirements for a qualified care worker are:1) 18 years old or older;. 2) Education sufficient to enable the worker to deliver the care needed;. 3) Personal characteristics that are needed to deliver care to an individual with a developmental or functional disability;4) Training or experience necessary to enable the
07.02.18.13.htm 07.02.18.13. 13 Approval of a Respite Care Home.. A. Approval of a respite care home is made by the provider, including the determination of the number of individuals with developmental or functional disabilities who may be cared for at one time in the home.B. The minimum requirements for a location to be approved as a respite care home are:. 1) Physical accessibility for the individual with the developmental or functional disability;. 2) Hot and cold running water;.
07.02.18.14.htm 07.02.18.14. 14 Reporting Requirements.. A. The providers shall submit reports and accounts as required by the Administration.. B. The provider shall use generally accepted methods of accounting.. C. The provider shall make the accounts and records available to representatives of the Administration and other State or federal staff authorized to inspect the records of the provider at reasonable times, upon written request from the Administration.
07.02.18.9999.htm 07.02.18.9999. Administrative History Effective date: May 6, 1985 (12:9 Md. R. 809). Regulation .01 amended effective November 13, 1989 (16:22 Md. R. 2363). Regulation .02 amended effective November 13, 1989 (16:22 Md. R. 2363). Regulation .03 amended effective November 13, 1989 (16:22 Md. R. 2363). Regulation .04 amended effective November 13, 1989 (16:22 Md. R. 2363). Regulation .05C amended effective November 13, 1989 (16:22 Md. R. 2363).
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