Capitol Building Maryland Register

Issue Date: June 23, 2017

Volume 44 • Issue 13 • Pages 611-644

IN THIS ISSUE

Governor

Judiciary

Regulatory Review and Evaluation

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before June 5, 2017 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of June 5, 2017.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

 


Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ......................................................................  614

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  615

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ......................................  623

09        Department of Labor, Licensing, and Regulation ...............  621

10        Department of Health and Mental Hygiene ................  621, 625

12        Department of Public Safety and Correctional Services .....  631

13A     State Board of Education ............................................  622, 632

13B     Maryland Higher Education Commission ..........................  634

 

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

 

The Governor

EXECUTIVE ORDER 01.01.2017.12 .  617

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ........................................  619

 

Regulatory Review and Evaluation

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Notice of Availability of Evaluation Reports .  620

 

Final Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND REGULATION

COMMISSIONER OF FINANCIAL REGULATION

Recordation of Security Instruments for Residential
   Property .................................................................................  621

Foreclosure Procedures for Residential Property ......................  621

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Early and Periodic Screening, Diagnosis and Treatment
   (EPSDT) Services .................................................................  621

BOARD OF PHARMACY

Examination for Licensure and Professional Experience
   Programs ...............................................................................  621

BOARD OF PODIATRIC MEDICAL EXAMINERS

Examination and Post-Graduate Training .................................  621

13A STATE BOARD OF EDUCATION

CERTIFICATION

General Provisions ...................................................................  622

Teachers ....................................................................................  622

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fish .  623

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Adult Residential Substance Use Disorder Services .................  625

Oxygen and Related Respiratory Equipment Services ..............  628

Maryland Medicaid Managed Care Program: Non-Capitated
   Covered Services ...................................................................  628

BOARD OF NURSING

Examination and Licensure .......................................................  629

BOARD OF PHYSICIANS

General Licensure Regulations .................................................  630

BOARD OF DIETETIC PRACTICE

Fees ..........................................................................................  630

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

OFFICE OF THE SECRETARY

Inmate Welfare Fund .  631

13A STATE BOARD OF EDUCATION

SUPPORTING PROGRAMS

Programs for Food and Nutrition .  632

13B MARYLAND HIGHER EDUCATION COMMISSION

ACADEMIC REGULATIONS

Financial Guarantees and the Maryland Guaranty Student
   Tuition Fund for For-Profit Institutions of Higher
   Education ...............................................................................  634

 

Errata

COMAR 07.02.07 ........................................................................  639

 

Special Documents

OFFICE OF THE SECRETARY OF STATE

INTERNATIONAL AND INTERSTATE AGREEMENTS

Memorandum of Understanding Between the Department
   of Social Development in the Government of the
   Republic of South Africa and the State of Maryland in the
   United States of America on Bilateral Cooperation in the
   Field of Social Development ..............................................  640

 

General Notices

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Meeting ..........................................................................  642

STATEWIDE EMERGENCY MEDICAL SERVICES
   ADVISORY COUNCIL (SEMSAC)

Public Meeting ..........................................................................  642

EMERGENCY MEDICAL SERVICES BOARD

Public Meeting .  642

MARYLAND INSTITUTE FOR EMERGENCY MEDICAL
   SERVICES SYSTEMS (MIEMSS)

Call for Applications from Hospitals Wishing to Be
   Considered for Designation .  642

DEPARTMENT OF HEALTH AND MENTAL
   HYGIENE/OFFICE OF HEALTH SERVICES

Public Notice for Developmental Disabilities Administration
   Targeted Case Management  642

Public Notice for an Increase to Reimbursement Rates for
   Behavioral Health Providers .  642

Announcement of a New Waiver — Proposal ..........................  642

DIVISION OF LABOR AND INDUSTRY/AMUSEMENT
   RIDE SAFETY ADVISORY BOARD

Public Meeting .  643

MARYLAND HEALTH CARE COMMISSION

Public Meeting ..........................................................................  643

Notice of Receipt of Letter of Intent for New Psychiatric
   Hospital Services .  643

MARYLAND HEALTH CARE COMMISSION/RURAL
   HEALTHCARE DELIVERY WORKGROUP

Public Meeting ..........................................................................  643

MARYLAND DEPARTMENT OF TRANSPORTATION
   AVIATION ADMINISTRATION

Public Meeting .  643

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting .  643

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .  644

BOARD OF WELL DRILLERS

Public Meeting .  644

WORKERS' COMPENSATION COMMISSION

Public Meeting .  644

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES through JANUARY 19, 2018

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

July 7

June 19

June 28

June 26

July 21

July 3

July 12

July 10

August 4

July 17

July 26

July 24

August 18

July 31

August 9

August 7

September 1

August 14

August 23

August 21

September 15**

August 28

September 6

September 1

September 29

September 11

September 20

September 18

October 13

September 25

October 4

October 2

October 27**

October 6

October 18

October 16

November 13***

October 23

November 1

October 30

November 27***

November 6

November 15

November 13

December 8

November 20

November 29

November 27

December 22

December 4

December 13

December 11

January 5**

December 18

December 27

December 22

January 19**

December 29

January 10

January 8

 

*       Due date for documents containing 8 to 18 pages — 48 hours before date shown; due date for documents exceeding 18 pages — 1 week before date shown

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING.

**     Note closing date changes

***   Note issue date and closing date changes

The regular closing date for Proposals and Emergencies is Monday.

 

 


 
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 


05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.03.08.01—.14 • 44:10 Md. R. 474 (5-12-17)

05.20.01.01—.10 • 44:10 Md. R. 478 (5-12-17)

05.20.02.01—.10 • 44:10 Md. R. 481 (5-12-17)

05.20.03.01—.10 • 44:10 Md. R. 485 (5-12-17)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.05.24 • 44:13 Md. R. 623 (6-23-17)

08.02.15.04 • 44:10 Md. R. 488 (5-12-17)

08.03.01.01 • 43:16 Md. R. 904 (8-5-16)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.03.06.02—.27 • 44:2 Md. R. 92 (1-20-17)

09.03.09.01—.09 • 44:2 Md. R. 102 (1-20-17)

09.10.03.01,.10 • 44:8 Md. R. 409 (4-14-17)

09.13.05.03 • 44:2 Md. R. 114 (1-20-17)

09.13.07.02 • 44:8 Md. R. 411 (4-14-17)

09.16.01.04,.05 • 44:10 Md. R. 489 (5-12-17)

09.19.07.01 • 44:3 Md. R. 192 (2-3-17)

09.32.01.05,.12,.15-1,.16,.24 • 44:3 Md. R. 193 (2-3-17)

09.32.01.18 • 44:3 Md. R. 194 (2-3-17)

09.35.02.02,.03 • 43:21 Md. R. 1170 (10-14-16)

09.38.01.01 • 43:18 Md. R. 1022 (9-2-16)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

     Subtitles 01—08 (1st volume)

 

10.01.01.01—.11 • 44:2 Md. R. 131 (1-20-17)

 

     Subtitle 09 (2nd volume)

 

10.09.01.01—.10 • 44:11 Md. R. 527 (5-26-17)

10.09.02.03,.04,.06,.07 • 44:12 Md. R. 590 (6-9-17) (ibr)

10.09.05.01—.09,.11 • 44:10 Md. R. 489 (5-12-17) (ibr)

10.09.06.01—.12 • 44:13 Md. R. 625 (6-23-17)

10.09.09.07 • 44:9 Md. R. 440 (4-28-17)

10.09.18.04,.05 • 44:13 Md. R. 628 (6-23-17)

10.09.21.01—.11 • 44:11 Md. R. 527 (5-26-17)

10.09.24.02,.10 • 44:12 Md. R. 591 (6-9-17)

10.09.39.01—.10 • 44:11 Md. R. 527 (5-26-17)

10.09.44.03 • 44:10 Md. R. 491 (5-12-17)

10.09.48.08 • 44:10 Md. R. 492 (5-12-17)

10.09.70.03 • 44:13 Md. R. 628 (6-23-17)

10.09.79.01—.08 • 44:11 Md. R. 529 (5-26-17)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.21.25.03-2,.05—.13 • 43:19 Md. R. 1077 (9-16-16)

 

     Subtitles 23 — 36 (4th Volume)

 

10.27.01.02 • 44:2 Md. R. 131 (1-20-17)

10.27.01.10 • 44:13 Md. R. 629 (6-23-17)

10.27.07.02 • 44:11 Md. R. 531 (5-26-17)

10.27.22.01—.04 • 44:12 Md. R. 592 (6-9-17)

10.28.03.02 • 44:10 Md. R. 493 (5-12-17)

10.28.06.02 • 44:10 Md. R. 493 (5-12-17)

10.28.07.02 • 44:10 Md. R. 493 (5-12-17)

10.28.09.02 • 44:10 Md. R. 493 (5-12-17)

10.28.10.02 • 44:10 Md. R. 493 (5-12-17)

10.28.11.01,.02 • 44:10 Md. R. 493 (5-12-17)

10.29.09.02—.06,.11,.14 • 43:26 Md. R. 1492 (12-23-16)

                                            44:12 Md. R. 594 (6-9-17)

10.29.15.02—.05,.07,.08 • 43:26 Md. R. 1494 (12-23-16)

                                            44:12 Md. R. 595 (6-9-17)

10.32.01.13 • 44:13 Md. R. 630 (6-23-17)

10.32.08.06 • 44:10 Md. R. 494 (5-12-17)

10.32.21.02,.04,.06,.10,.11,.21 • 44:11 Md. R. 531(5-26-17)

 

     Subtitles 37—66 (5th Volume)

 

10.42.06.03,.06—.08 • 44:10 Md. R. 495 (5-12-17)

10.42.08.02,.04,.05 • 44:10 Md. R. 495 (5-12-17)

10.44.23.01—.04 • 44:2 Md. R. 134 (1-20-17) (ibr)

10.56.02.02 • 44:13 Md. R. 630 (6-23-17)

10.62.01.01 • 43:22 Md. R. 1245 (10-28-16)

10.62.08.03,.05—.07 • 43:22 Md. R. 1245 (10-28-16)

10.62.09.03 • 43:22 Md. R. 1245 (10-28-16)

10.62.12.02 • 43:22 Md. R. 1245 (10-28-16)

10.62.15.04—.07 • 43:22 Md. R. 1245 (10-28-16)

10.62.19.02,.04—.06 • 43:22 Md. R. 1245 (10-28-16)

10.62.20.03 • 43:22 Md. R. 1245 (10-28-16)

10.62.22.02 • 43:22 Md. R. 1245 (10-28-16)

10.62.25.03,.05—.07 • 43:22 Md. R. 1245 (10-28-16)

10.62.26.03 • 43:22 Md. R. 1245 (10-28-16)

10.62.28.02 • 43:22 Md. R. 1245 (10-28-16)

10.63.07.01—.12 • 44:1 Md. R. 43 (1-6-17)

10.66.01.01—.04 • 44:9 Md. R. 441 (4-28-17)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.01.18.01,.02 • 43:22 Md. R. 1251 (10-28-16)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.11.09.02—.04 • 44:13 Md. R. 631 (6-23-17)

 

13A STATE BOARD OF EDUCATION

 

13A.02.01.01 • 44:8 Md. R. 412 (4-14-17)

13A.02.01.04 • 44:12 Md. R. 596 (6-9-17)

13A.05.02.03,.14 • 44:9 Md. R. 443 (4-28-17)

13A.06.01.02,.03 • 44:13 Md. R. 632 (6-23-17)

13A.07.11.01—.05 • 43:10 Md. R. 595 (5-13-16) (ibr)

13A.12.02.21 • 44:12 Md. R. 596 (6-9-17)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.06.01—.13 • 44:13 Md. R. 634 (6-23-17)

13B.08.02.01—.12 • 44:7 Md. R. 381 (3-31-17)

13B.08.03.01—.12 • 44:8 Md. R. 413 (4-14-17)

13B.08.04.01—.12 • 44:9 Md. R. 444 (4-28-17)

13B.08.05.01—.13 • 44:9 Md. R. 446 (4-28-17)

13B.08.09.01—.11 • 44:10 Md. R. 497 (5-12-17)

13B.08.14.01—.15 • 44:10 Md. R. 500 (5-12-17)

13B.08.15.01—.16 • 43:9 Md. R. 546 (4-29-16)

13B.08.17.01—.06 • 44:12 Md. R. 597 (6-9-17)

 

14 INDEPENDENT AGENCIES

 

14.35.01.01,.02 • 43:18 Md. R. 1039 (9-2-16)

14.35.07 • 43:19 Md. R. 1092 (9-16-16) (err)

14.35.07.01—.21 • 43:18 Md. R. 1039 (9-2-16)

 

19A STATE ETHICS COMMISSION

 

19A.01.01.02 • 44:9 Md. R. 448 (4-28-17)

19A.04.02.04 • 44:9 Md. R. 448 (4-28-17)

19A.04. Appendix A • 44:9 Md. R. 448 (4-28-17)

19A.05.02.04 • 44:9 Md. R. 448 (4-28-17)

19A.05. Appendices A and B • 44:9 Md. R. 448 (4-28-17)

 

23 BOARD OF PUBLIC WORKS

 

23.03.02.11,.12 • 44:12 Md. R. 600 (6-9-17)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.02.03-1,.03-3,.04-1,.08 • 44:11 Md. R. 533 (5-26-17)

26.08.07.04 • 43:24 Md. R. 1361 (11-28-16)

26.08.09.01,.04,.06,.07,.08 • 44:11 Md. R. 533 (5-26-17)

26.11.09.01,.04,.06,.11 • 44:12 Md. R. 600 (6-9-17)

26.11.32.01—.05,.05-1,.06,.08,.12,.14,
     .16
• 44:11 Md. R. 543 (5-26-17) (ibr)

26.11.33.01—.14 • 44:12 Md. R. 602 (6-9-17)

 

     Subtitles 19—27 (Part 4)

 

26.19.01.01—.61 • 43:23 Md. R. 1293 (11-14-16) (ibr)

 

29 DEPARTMENT OF STATE POLICE

 

29.01.02.01,.02,.11,.16 • 43:10 Md. R. 609 (5-13-16)

29.05.02.01—.08 • 43:12 Md. R. 693 (6-10-16)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.08.15.03 • 44:11 Md. R. 557 (5-26-17)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.03.01—.04 • 44:8 Md. R. 415 (4-14-17)

31.08.13.03,.04,.06 • 43:20 Md. R. 1146 (9-30-16)

 


The Governor

EXECUTIVE ORDER 01.01.2017.12

(Rescinds Executive Order 01.01.2008.06)

Project Green Classrooms

 

WHEREAS, Maryland recognizes that in order to create a future generation of environmental stewards, all youth should have the opportunity to learn about the environment, develop a connection with nature, and have a sense of place in their local natural surroundings and that maintaining a connection with nature is a vital element in protecting their health and the future of Maryland’s great natural resources, which also affects the State’s economy and quality of life for our citizens;

 

WHEREAS, Sustaining Maryland’s natural resources, including the Chesapeake Bay, its waterways, and hundreds of thousands of acres of diverse land and habitat requires stewardship and innovation by current and future generations;

 

WHEREAS, Youth’s physical and mental wellness are improved when they spend time outdoors engaging in physical activity which helps them make healthy lifestyle choices and develop life and career skills including critical thinking, self-sufficiency, and collaboration;

 

WHEREAS, Maryland’s school systems need support and assistance in the creation of required Environmental Literacy curriculums;

 

WHEREAS, Outreach to diverse individuals and organizations is important for the promotion of the conservation, restoration, and preservation of natural resources;

 

WHEREAS, Maryland has signed the Chesapeake Bay Watershed Agreement and is committed to supporting all of its goals, including Environmental Literacy through education, Public Access through existing and new local, state, and national parks, refuges, reserves, trails, and partner sites, and Stewardship through  increased numbers and diversity of trained and mobilized citizen volunteers;

WHEREAS, Maryland needs a future generation of innovators to solve our environmental challenges and Maryland’s Workforce Innovation and Opportunity Act State Plan prepares youth for 21st century environment-based careers and “green” jobs, by and through identifying opportunities for workforce development, student leadership and enrichment programs, and connecting students with those programs.

 

WHEREAS, Maryland has made measurable, nationally-recognized progress in its work to ensure that our youth become informed and responsible stewards of the environment; in order to continue that progress, Maryland youth must be equipped for future environmental challenges and stewardship opportunities as citizens and as members of the workforce;

 

WHEREAS, A variety of resources, capabilities, and perspectives is necessary to assure our youth succeed in academics, civics, economics, and quality of life related to our environment and natural resources;

 

WHEREAS, Expanded outreach is needed to ensure that all individuals in all communities have the opportunity to experience Maryland’s natural resources;

 

 

 

NOW THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER SHALL TAKE EFFECT IMMEDIATELY:

A. Established.  There is a Maryland initiative titled Project Green Classrooms (“Initiative”) to promote outdoor activities and environmental education through schools, in communities, and on public lands to benefit Maryland’s young people.

B. Mission.  The Mission of the Initiative is to mobilize resources to ensure that Maryland’s youth experience, understand and learn to conserve the natural environment. The Initiative is an advisory body, working to make recommendations to decision-makers regarding solutions that will support environmental literacy programs in schools, increase access to “nearby nature” and promote the use of the outdoors for learning, discovery, healthy play, and career exploration.

C. Membership.  The Initiative shall include high-level representatives from state agencies and other partner entities, providing for a well-rounded public-private stakeholder group. The Partnership shall consist of:

(1) State Agencies: The following agencies will assign a representative to participate in the Initiative to advise and implement actions in their areas of responsibility:

·    Maryland Department of Natural Resources (the Secretary of Natural Resources serves as co-chair);

·    Maryland Department of Education (the State Superintendent of Schools serves as co-chair);

·    Maryland Department of Agriculture (to integrate agricultural priorities into educational and experiential efforts);

·    Maryland Higher Education Commission (to implement measures to include environmental literacy content and practice into teacher pre-service education and other applicable disciplines);

·    Maryland Department of the Environment (to provide technical advice, guidance, and partnerships regarding water quality, waste, and other sustainable practices that can be applied at/with schools to contribute to student learning and career preparedness);

·    Maryland Department of Planning (to provide guidance on policies, practices, and partners focused on improving access to green space in all communities);

·    Maryland Department of Health and Mental Hygiene (to address matters of youth community health as relates to the outdoors and active pursuits in nature);

·    Maryland Department of Transportation (to provide guidance on transportation of students to field experiences, and regarding community access to green space).

(2) Other Partners: Maryland’s excelling in the areas outlined in this Order requires cooperative engagement of leaders in science, education, business, government, and policy in contributing services and advice.  The following organizations shall serve in an advisory capacity to the Initiative:

·    Alice Ferguson Foundation;

·    Audubon Maryland-DC;

·    Chesapeake Bay Trust;

·    Chesapeake Bay Foundation;

·    Maryland Agricultural Education Foundation;

·    Maryland Association for Environmental and Outdoor Education;

·    Maryland Recreation and Parks Association;

·    National Aquarium;

·    National Oceanic and Atmospheric Administration;

·    National Wildlife Federation; and

·    U.S. Fish and Wildlife Service.

D. Structure of Membership. The membership of the Initiative shall consist of the entities designated in section C (1) and C (2) of this Executive Order.  The entities in C (1) shall be the voting members. Members in C (2) are advisory and serve at the pleasure of the Governor. The Governor, in his discretion, may appoint additional members.

(1) Chair.  The Initiative shall be co-chaired by the Secretary of Natural Resources, or the Secretary’s designee, and the State Superintendent of Schools, or the Superintendent’s designee.

(2) Staff Coordination.  The Department of Natural Resources shall provide staff support for the Initiative in coordination with the Maryland State Department of Education, other state agencies, and other partners as agreed upon by the chairs including local school systems.

(3) Leadership and Steering Committee.  Each voting member entity shall designate both a Leadership representative and a representative to serve on the Steering Committee.  Advisory members shall designate representatives to serve on the Steering Committee. The Steering Committee shall meet regularly and report to the Leadership at least bi-annually.  The Steering Committee makes recommendations on actions of the group, for decision by the Leadership.

(4) Operations. The Initiative shall do its work under a work plan approved by the Leadership describing specific actions to achieve established priorities, and outlining requirements for reporting progress. The work plan will outline the structure and expectations of each working group.  Each voting member entity may engage additional staff as needed to conduct actions. The Initiative may consult outside organizations for advice and assistance.

E. Responsibilities.  The Initiative shall:

(1) Promote the well-being of youth by increasing opportunities for time spent outdoors in both structured and unstructured opportunities for play, outdoor recreation, learning and scientific study in their communities and on public lands throughout the State of Maryland;

(2) Recommend and facilitate statewide actions needed to meet established priorities, convening partners (state agencies and nongovernment entities) to address gaps, recommending realignment of resources such as funding and improvement of coordination among and across public and private programs to efficiently advance outcomes;

(3) Develop recommendations to help shape State policy and stakeholder practices to address barriers, needs, and opportunities identified by the Initiative;

(4) Broaden the engagement of stakeholders in the Initiative’s work, and help establish the tools and resources necessary to advance the work of the group;

(5) Advise and support state leadership in the implementation and tracking of relevant Chesapeake Bay Watershed Agreement goals and outcomes as they relate to environmental education; and

(6) Report to the Governor annually on the status of the Initiative’s work and provide a report by each January 31 on the prior year’s progress.

F. Executive Order 01.01.2008.06 is hereby rescinded.

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 8th Day of June, 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-13-22]

 


The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated May 15, 2017, JARRETT L. LEVITSKY, P.O. Box 39, College Park, Maryland 20740, has been indefinitely by consent, effective immediately from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated May 18, 2017, ARTEMIO RIVERA, 7517 Walnut Hills Lane, Falls Church, Virginia 22042, has been suspended, effective immediately from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated May 25, 2017, ROGER LEE HARRIS, JR., 1307 Nautical Circle, Baltimore, Maryland 21221, has been disbarred by consent, effective immediately from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated April 10, 2017, L. MICHAEL SCHAECH, 113 South Washington Street, Suite 1, Havre de Grace, Maryland 21078, has been indefinitely suspended by consent, effective June 1, 2017 from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated June 5, 2017, LARRY JASON FELDMAN, 13 Valley Hi Court, Lutherville, Maryland 21093, has been replaced upon the register of attorneys in the Court of Appeals as of June 5, 2017. Notice of this action is certified in accordance with Maryland Rule 19-761.

[17-13-19]

 

 


Regulatory Review and Evaluation

Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and Legislative Review.  The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule).  Notice that an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.


 


TITLE l0
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Notice of Availability of Evaluation Reports

     Pursuant to Executive Order 0l.0l.2003.20, Implementation of the Regulatory Review and Evaluation Act, notice is hereby given that the Evaluation Reports concerning COMAR 10.05, 10.07 and 10.08 are available for public inspection and comment for a period of 60 days following the date of this notice.

     These reports may be reviewed at the Office of Regulations Coordination, Department of Health and Mental Hygiene, 20l West Preston Street, Room 512, Baltimore, Maryland 2l20l, Monday through Friday, 7 a.m. to 4 p.m., except State holidays, or on-line at https://health.maryland.gov/regs/Documents/10.05-10.07-10.08-Eval-Reports.pdf.

     Information may be obtained by contacting Michele Phinney at (410) 767-6499 or dhmh.regs@maryland.gov.

[17-13-15]

 


Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 


Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

Notice of Final Action

[17-057-F]

On May 31, 2017, the Commissioner of Financial Regulation adopted amendments to:

(1) Regulations .01 and .02 under COMAR 09.03.11 Recordation of Security Instruments for Residential Property; and

(2) Regulations .01 and .02 under COMAR 09.03.12 Foreclosure Procedures for Residential Property.

This action, which was proposed for adoption in 44:2 Md. R. 104—105 (January 20, 2017), has been adopted as proposed.

Effective Date: July 3, 2017.

TERESA LOURO
Deputy Commissioner of Financial Regulation

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.23 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[17-099-F]

On June 1, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulation .04 under COMAR 10.09.23 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services. This action, which was proposed for adoption in 44:7 Md. R. 376 (March 31, 2017), has been adopted as proposed.

Effective Date: July 3, 2017.

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

Subtitle 34 BOARD OF PHARMACY

10.34.02 Examination for Licensure and Professional Experience Programs

Authority: Health Occupations Article, §§12-205 and 12-302, Annotated Code of Maryland

Notice of Final Action

[17-100-F]

On June 1, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulation .03 under COMAR 10.34.02 Examination for Licensure and Professional Experience Programs. This action, which was proposed for adoption in 44:7 Md. R. 378—379 (March 31, 2017), has been adopted as proposed.

Effective Date: July 3, 2017.

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS

10.40.01 Examination and Post-Graduate Training

Authority: Health Occupations Article, §§16–205(a)(1), 16–302(f), and
16–304, Annotated Code of Maryland

Notice of Final Action

[17-120-F]

On June 14, 2017, the Secretary of Health adopted amendments to Regulation .05 under COMAR 10.40.01 Examination and Post-Graduate Training. This action, which was proposed for adoption in 44:9 Md. R. 440-441 (April 28, 2017), has been adopted as proposed.

Effective Date: July 3, 2017.

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 12 CERTIFICATION

13A.12.01 General Provisions

Authority: Education Article, §§2-205, 2-303(g), and 6-701—6-705;
Family Law Article, §10-119.3; Annotated Code of Maryland

Notice of Final Action

[17-103-F]

On June 1, 2017, the Professional Standards and Teacher Education Board adopted amendments to Regulation .03 under COMAR 13A.12.01 General Provisions. This action, which was proposed for adoption in 44:7 Md. R. 379—380 (March 31, 2017), has been adopted as proposed.

Effective Date: July 3, 2017.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Subtitle 12 CERTIFICATION

13A.12.02 Teachers

Authority: Education Article, §§2-205, 2-303(g), 6-121, and 6-701—6,705, Annotated Code of Maryland

Notice of Final Action

[17-104-F]

On June 1, 2017, the Professional Standards and Teacher Education Board adopted amendments to Regulations .15 and .16 under COMAR 13A.12.02 Teachers. This action, which was proposed for adoption in 44:7 Md. R. 380—381 (March 31, 2017), has been adopted as proposed.

Effective Date: July 3, 2017.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

 


Proposed Action on Regulations

 

 


 



Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.05 Fish

Authority: Natural Resources Article, §4-2A-03, Annotated Code of Maryland

Notice of Proposed Action

[17-159-P]

The Secretary of Natural Resources proposes to amend Regulation .24 under COMAR 08.02.05 Fish.

Statement of Purpose

The purpose of this action is to modify the commercial spiny dogfish fishery by reducing the minimum landing requirement for permit eligibility and changing the declaration period.

The Spiny Dogfish Industry Workgroup met on Friday, August 19, 2016 to discuss the performance of the commercial spiny dogfish fishery. During that meeting, the workgroup discussed eligibility. As a result, the workgroup requested that the Department consider a change in the eligibility criteria in regulation. The harvesters did not realize that the harvest requirement was annual after the first three seasons and feel that it is too restrictive. The workgroup recommended only needing to qualify for the permit one time. The proposed action modifies the regulation so that only new permittees will need to qualify. An individual will need to harvest 15,000 pounds within the first three seasons of possessing a permit in order to be eligible to keep the permit. If the permittee qualifies within the first three seasons, the permittee will no longer have a minimum landing requirement. Spiny dogfish are typically only in state waters for a few weeks of the year. Coastal watermen are active in several fisheries throughout the year and if one fishery isn’t doing well they will switch to another one. Changing the harvest requirements for eligibility will help some harvesters when spiny dogfish are not in state waters because fishing in federal waters is more expensive because of fuel and federal permits. The change will provide the industry flexibility in how they manage business expenses (fuel, deckhands, etc.).

Since changing the eligibility criteria may reduce the potential for new entrants into the fishery, the Department is also recommending a change to the declaration eligibility requirement. The proposed action changes the declaration requirement to be yearly. Currently, a permittee must declare their intent to fish for spiny dogfish every 2 years which means that a permittee would not lose their permit until they fail to declare for 2 consecutive years. Requiring a permittee to declare every year will help maintain an active fishery.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action may impact the Department of Natural Resources and harvesters of spiny dogfish.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

Annual declaration

(R+)

$100 per year

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Eligibility change

(+)

Indeterminable

(2) Annual declaration

(-)

$25 every 2 years for each harvester

(3) Dealers

(-)

Indeterminable

E. On other industries or trade groups:

Suppliers (ice, fuel, etc.)

(-)

Indeterminable

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. An annual declaration requirement will have a minimal positive impact on the Department. Under current regulation permittees are not required to declare their intent to fish annually; however, this is not a common practice in this fishery. Department records indicate that a minimum of 24 permittees renew their permits every year. The declaration fee is $25 and there are only 28 permits in this fishery. Based on current records and the number of permits available the Department would have a revenue increase of $100 per year.

D(1). Changing the harvest eligibility requirement to a onetime event, will have a positive economic impact for some spiny dogfish permittees because it will provide flexibility in how they manage business expenses. There are a number of factors for the harvester to consider when determining if it is economical to go fishing (price of spiny dogfish, fuel prices, trip limits, abundance of dogfish in the area, proximity to shore, and cost of a mate).

Under current regulations, failure to meet the harvest eligibility requirement means that the permit will be revoked. Some fishermen have indicated they have fished at a financial loss to maintain their permit. This change will allow permittees to stay at the dock when it would cost more money to fish than they could profit from the trip just to maintain a permit.

The dockside price of spiny dogfish has fluctuated since harvest eligibility rules were implemented. Prices typically ranged from $0.11 to $0.21 per pound. Currently, the price is about $0.17 per pound. It is indeterminable how much this regulation change will affect the harvesters fishing behavior.

D(2). The proposed action requires each permittee to purchase a permit annually. The current requirement is every 2 years. That could result in each harvester spending an additional $25 every other year. However, records indicate that most of the permittees declare annually now so this action will have a minimal impact.

D(3). There are several factors that determine if a harvester will fish for spiny dogfish. It is indeterminable if this action will affect dealers and processors. Availability of spiny dogfish and price per pound will determine if someone harvests spiny dogfish and that will determine how much the dealers and processors will benefit. Maryland has not harvested the entire annual commercial quota for several years due to a market collapse in 2013. For all of these reasons the extent that this action will affect dealers and processors is indeterminable.

E. The proposed action may have a negative impact on suppliers. Removing the harvest limit may cause fishermen not to fish for spiny dogfish which means that less fuel and ice will be purchased. It is not possible to estimate this value due to the variability in fuel costs, number of trips, ice, and landings. Spiny dogfish don’t necessarily make up a harvesters entire catch, so it is not known if the harvesters will be purchasing these items for other fisheries in which they are participating.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows.

The proposed action will have a positive impact on spiny dogfish harvesters, which fall into the small business category. Changing the harvest eligibility requirement will have a positive economic impact for spiny dogfish permittee’s because it will provide flexibility in how they manage business expenses. Please see the economic impact summaries for specific information.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Spiny Dogfish Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

.24 Spiny Dogfish.

A.—C. (text unchanged)

D. Spiny Dogfish Landing Permit Declaration.

(1) (text unchanged)

(2) A tidal fish licensee who has not declared by March 31 may apply to the [Director of Fisheries Service] Department, provided the licensee has not declared late in either of the 2 preceding years and shows good reason why the application should be processed, until April 14 of the current year, or the next business day if April 14 occurs on a weekend.

(3) (text unchanged)

(4) An individual who fails to declare [for 2 consecutive years] may no longer declare in subsequent years unless the individual receives a permit through §E(7) or §G of this regulation.

(5) An individual is eligible to declare for a permit to catch and land spiny dogfish in Maryland if they:

(a)—(b) (text unchanged)

(c) Meet the following requirements:

(i) (text unchanged)

(ii) The individual [has declared an intent to fish for spiny dogfish in accordance with §D of this regulation within 2 years of the current declaration, not transferred the permit,] holds a spiny dogfish landing permit that is valid for the current season and [owned] owns a vessel that landed a minimum of 15,000 pounds of spiny dogfish within 3 [years] seasons of [the current season] obtaining that permit; or

(iii) (text unchanged)

(6)—(8) (text unchanged)

E. —H. (text unchanged)

I. General

(1) The Secretary may establish or modify catch limits or seasons for spiny dogfish in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Spiny Dogfish, by issuing a public notice on the [Fisheries Service] Department’s website.

(2) The public notice shall state its effective hour and date and shall be published on the [Fisheries Service] Department’s website at least 48 hours in advance of the effective hour and date.

(3)—(7) (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.06 Adult Residential Substance Use Disorder Services

Authority: Health-General Article, §§2-104(b), 7.5-204(c), 7.5-205(d), and 15-105(b), Annotated Code of Maryland

Notice of Proposed Action

[17-156-P]

The Secretary of Health and Mental Hygiene proposes to adopt new Regulations .01—.12 under COMAR 10.09.06 Adult Residential Substance Use Disorder Services.

Statement of Purpose

The purpose of this action is to implement a residential substance use disorder benefit for adults. This benefit is currently administered by the Behavioral Health Administration. On July 1, 2017, the benefit will be covered as a benefit under Maryland Medicaid.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

.01 Scope.

This chapter governs residential substance use disorder services for adults, effective July 1, 2017.

.02 Definitions.

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

B. Terms Defined.

(1) “30-day span of care” means a continuous stay of up to 30 days in an institution for mental disease.

(2) “Accrediting body” means an entity approved by the Secretary or the Secretary’s designee, under Health-General Article, §19-2302, Annotated Code of Maryland.

(3) “Administrative day” means a day of services rendered to a participant who no longer requires the level of care the provider is licensed to deliver, but still requires the level of care in an ASAM Level 3.3, 3.5, or 3.7 setting.

(4) “Administrative service organization (ASO)” means the entity under contract with the Department to provide administrative services to operate the Maryland Public Behavioral Health System.

(5) “American Society of Addiction Medicine (ASAM) criteria” means an instrument designed to indicate placement guidelines for admission, continued stay, and discharge of individuals with a substance use disorder.

(6) “Assessment” means the process of ascertaining the treatment needs of an individual seeking behavioral health services.

(7) “Available” means a staff member is on-site, available by phone, or on call.

(8) “Behavioral Health Administration” means the administration within the Department that establishes regulatory requirements that behavioral health providers are to maintain in order to become certified or licensed by the Department.

(9) “Coordinating aftercare services” means being responsible for assisting participants with resources, appointments, and discharge plans.

(10) “Department” means the Maryland Department of Health, which is the single State agency designated to administer the Maryland Medical Assistance Program under Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq.

(11) “Discharge plan” means a written description of specific goals and objectives to assist the participant upon leaving treatment.

(12) “Documentation” means the written medical record.

(13) “Evidence-based practice” means a practice approved by the Behavioral Health Administration that applies to certain clinical or rehabilitative interventions provided by public mental health service providers.

(14) “Facility director” means an individual on staff who is responsible for overseeing the daily operation of the residential treatment facility.

(15) “Individualized treatment plan” means a written plan that:

(a) Addresses the individual’s biopsychosocial needs through goals and objectives; and

(b) Is updated as needed according to the treatment modality.

(16) “License” means the approval issued by the Secretary or designee that permits a behavioral health provider to operate in Maryland.

(17) “Licensed mental health clinician” means a staff member who is eligible to provide mental health services as outlined in COMAR 10.09.59.04A.

(18) “Maryland Medical Assistance Program” means the program of comprehensive medical and other health-related care for indigent and medically indigent individuals.

(19) “Medically necessary” has the meaning stated in COMAR 10.09.36.01.

(20) “Office of Health Care Quality” means the office within the Department responsible for licensing and inspection of programs for the Behavioral Health Administration.

(21) “Participant” means an individual who is certified as eligible for, and is receiving, Medical Assistance benefits.

(22) “Participant census” means a record of participants actively in the care of the provider.

(23) “Program” means the Maryland Medical Assistance Program.

(24) “Progress note” means an objective documentation of the participant’s progress in relation to specific treatment goals and objectives.

(25) “Provider” means a residential treatment facility that provides professionally directed evaluation, observation, medical monitoring, and addiction treatment in an inpatient setting.

(26) “Substance use disorder” means a maladaptive pattern of substance use leading to clinically significant impairment or distress and manifested by recurrent and significant adverse consequences related to the repeated use of substances.

(27) “Substance use disorder services” means the services for which a participant’s diagnosis and treatment provider meet the criteria specified in COMAR 10.09.70 and this chapter.

.03 Licensure Requirements.

To participate in the Program, a provider shall:

A. Meet the license requirements stated in COMAR 10.09.36.02 and 10.63.01.05;

B. Be accredited by a Maryland-approved accrediting body; and

C. Be licensed by the Office of Health Care Quality for each level of care.

.04 Conditions for Participation. 

A. A provider shall meet all conditions for participation as set forth in COMAR 10.09.36.03.

B. To participate in the Program as a residential substance use disorder provider, the provider shall:

(1) Be in compliance with COMAR 10.63.03 as applicable to each ASAM level of care;

(2) Be in compliance with all ASAM requirements for each applicable level of care;

(3) Demonstrate competence in the ability to deliver a minimum of three evidence-based practice services;

(4) Complete all required documentation associated with the application process;

(5) Maintain verification of licenses and credentials, including background checks, of all professionals employed by or under contract with the provider in their respective personnel files;

(6) Maintain staffing within each ASAM level of care as described in §§C—F of this regulation;

(7) Increase staffing within each ASAM level of care at a ratio to correspond with the participant census to meet required ASAM level of service delivery for each patient;

(8) Maintain adequate documentation of each clinical contact with a participant as part of the medical record, which includes, at a minimum:

(a) An individualized treatment plan;

(b) The date of all clinical encounters with start and end times and a description of services provided;

(c) Documentation of all clinical services received by the participant;

(d) Progress notes updated on each day services are provided;

(e) An individualized discharge plan; and

(f) An official e-Signature, or a legible signature, along with the printed or typed name of the individual providing care, with the appropriate degree or title on all clinical progress notes;

(9) Maintain adequate documentation indicating that the participant continues to meet the medical necessity criteria for the applicable ASAM level of care;

(10) Make the documentation required under this subtitle, or necessary to substantiate compliance with this subtitle, available as requested to carry out required activities, to the:

(a) Department;

(b) ASO;

(c) Core Service Agency;

(d) Local addictions authority;

(e) Local behavioral health authority;

(f) Office of Inspector General of the Department; and

(g) Office of the Attorney General Medicaid Fraud Control Unit; and

(11) Comply with all federal statutes and regulations, including the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320D et seq., and implementing regulations at 45 CFR Parts 160 and 164.04 Participant Eligibility and Referral.

C. A residential, medium intensity level 3.3 provider shall:

(1) Have sufficient physician, physician assistant, or nurse practitioner services to:

(a) Provide initial diagnostic work-up;

(b) Provide identification of medical and surgical problems for referral; and

(c) Handle medical emergencies when necessary;

(2) Provide therapeutic activities from 20 to 35 hours per week;

(3) Coordinate aftercare services through

(a) Certified peer support; or

(b) Licensed provider;

(4) Have at least one staff member:

(a) Certified in cardiopulmonary resuscitation;

(b) Trained in crisis intervention; and

(c) On duty between 11 p.m. and 7 a.m.;

(5) Have a part-time facility director on-site 20 hour per week; and

(6) At a minimum, maintain the following staff:

(a) A physician, nurse practitioner, or physician assistant on-site 4 hours per week and 1 hour on call;

(b) A psychiatrist or psychiatric nurse practitioner available 3 hours per week;

(c) A registered nurse or licensed practical nurse on-site 40 hours per week; and

(d) A multi-disciplinary team consisting of:

(i) A clinical supervisor;

(ii) A licensed mental health clinician;

(iii) A certified counselor under direct supervision of a licensed counselor; and

(iv) Certified peer support staff.

D. A residential, high intensity level 3.5 provider shall:

(1) Have sufficient physician, physician assistant, or nurse practitioner services to:

(a) Provide initial diagnostic work-up;

(b) Provide identification of medical and surgical problems for referral; and

(c) Handle medical emergencies when necessary;

(2) Provide a minimum of 36 hours of therapeutic activities per week;

(3) Coordinate aftercare services through:

(a) Certified peer support; or

(b) A licensed provider;

(4) Have at least one staff member:

(a) Certified in cardiopulmonary resuscitation;

(b) Trained in crisis intervention; and

(c) On duty between 11 p.m. and 7 a.m.;

(5) Have a part-time facility director on-site 20 hour per week; and

(6) At a minimum, have the following staff:

(a) A physician, nurse practitioner, or physician assistant on-site 1 hour per week;

(b) A psychiatrist or psychiatric nurse practitioner available 1 hour per week;

(c) A multi-disciplinary team consisting of:

(i) A clinical supervisor;

(ii) A licensed mental health clinician;

(iii) Certified counselors under direct supervision of a licensed counselor; and

(iv) Certified peer support staff.

E. A residential, intensive level 3.7 provider shall:

(1) Have sufficient physician, physician assistant, or nurse practitioner services to:

(a) Provide initial diagnostic work-up;

(b) Provide identification of medical and surgical problems for referral; and

(c) Handle medical emergencies when necessary;

(2) Provide a minimum of 36 hours of therapeutic activities per week;

(3) Coordinate aftercare services through:

(a) Certified peer support; or

(b) Licensed provider;

(4) Have at least two staff members:

(a) Certified in cardiopulmonary resuscitation;

(b) Trained in crisis management; and

(c) On duty between 11 p.m. and 7 a.m.;

(5) Have a part-time facility director on-site 20 hour per week; and

(6) At a minimum, have on staff a:

(a) Physician, nurse practitioner, or physician assistant on-site 5 hours per week and 2 hours on call;

(b) Psychiatrist or psychiatric nurse practitioner available10 hours per week;

(c) Registered nurse on-site 56 hours per week;

(d) Licensed practical nurse on-site 112 hours per week;

(e) Multi-disciplinary team consisting of:

(i) A clinical supervisor;

(ii) A licensed mental health clinician;

(iii) Certified counselors under direct supervision of a licensed counselor; and

(iv) Certified peer support staff.

F. A withdrawal management service level 3.7-WM provider shall:

(1) Have a part-time facility director on-site 20 hour per week;

(2) Coordinate aftercare services through:

(a) Certified peer support; or

(b) Licensed provider; and

(3) At a minimum, have on staff a:

(a) Physician, nurse practitioner, or physician assistant on-site 20 hours per week and 4 hours on call;

(b) Psychiatrist or psychiatric nurse practitioner available 8 hours per week;

(c) Registered nurse on-site 56 hours per week;

(d) Licensed practical nurse on-site 112 hours per week; and

(e) Multi-disciplinary team consisting of:

(i) A clinical supervisor;

(ii) A licensed mental health clinician;

(iii) Certified counselors under direct supervision of a licensed counselor; and

(iv) Certified peer support staff.

.05 Participant Eligibility and Referral.

A participant is eligible for substance use disorder services under this chapter if the participant:

A. Is enrolled in the Program and is not enrolled in Medicare on the day a service is rendered;

B. Meets the Department’s medical necessity criteria based on the ASAM placement criteria for each level of care; and

C. Is 18 years old or older and is not receiving care from a provider under COMAR 10.09.23.04.

.06 Covered Services.

A. A residential-medium intensity level 3.3 provider shall:

(1) Provide clinically managed substance use disorder treatment 20 to 35 hours per week based on a comprehensive assessment; and

(2) Provide services in a structured environment in combination with medium-intensity treatment and ancillary services to support and promote recovery.

B. A residential, high intensity level 3.5 provider shall:

(1) Provide clinically managed substance use disorder treatment at least 36 hours per week based on a comprehensive assessment; and

(2) Provide services in a highly structured environment, in combination with medium-intensity to high-intensity treatment and ancillary services to support and promote recovery.

C. A residential-intensive level 3.7 provider shall:

(1) Provide medically monitored, intensive substance use disorder treatment at least 36 hours per week based on a comprehensive assessment; and

(2) Offer a planned regimen of 24-hour professionally directed evaluation, care, and treatment in an inpatient setting.

D. A withdrawal management service level 3.7 provider shall offer 24-hour medically supervised evaluation and withdrawal management.

.07 Limitations.

The Program does not cover the following in a residential substance use disorder treatment facility for adults:

A. Services not medically necessary;

B. ASAM Level 1 or 2 services by any provider;

C. Services not specified in Regulation .06 of this chapter;

D. Services beyond the provider’s scope of practice;

E. Investigational and experimental drugs and procedures;

F. More than two 30-day spans of care in a 12-month period;

G. Services rendered but not appropriately documented; and

H. Services not preauthorized as required in Regulation .08 of this chapter.

.08 Authorization Requirements.

A. The provider shall obtain authorization from the ASO to provide residential substance use disorder services outlined in Regulation .06 of this chapter.

B. The ASO agent shall authorize services that are:

(1) Medically necessary for the applicable level of service as outlined by ASAM criteria for admission; and

(2) Of a type, frequency, and duration that are consistent with expected results and cost-effectiveness.

C. No payment shall be rendered for services that have not been authorized by the Department or its designee.

.09 Payment Procedures.

A. General policies governing payment procedures that are applicable to all providers are set forth in COMAR 10.09.36.04.

B. Billing time limitations for claims submitted under this chapter are set forth in COMAR 10.09.36.06.

C. Effective July 1, 2017, rates for the services outlined in this chapter shall be as follows.

(1) For ASAM Level 3.3, the provider shall receive $189.44 per diem;

(2) For ASAM Level 3.5, the provider shall receive $189.44 per diem;

(3) For ASAM Level 3.7, the provider shall receive $291.65 per diem; and

(4) For ASAM Level 3.7-WM, the provider shall receive $354.67 per diem.

D. Administrative Days. The Department shall pay at the daily rate based on the patient’s ASAM level of care when:

(1) The participant’s required level of care has changed, and the following conditions are met:

(a) The provider has implemented a predischarge planning program and initiated placement activities for the participant at the earliest appropriate time;

(b) The provider has actively pursued placement of the participant at the required level of care in an appropriate facility during the entire period of administrative days;

(c) The provider has submitted documentation to the Department or its designee that it has complied with the requirements of §D(1)(a)—(b) of this regulation for the entire period of the administrative stay claimed for reimbursement; and

(d) The participant is transferred promptly to the first available appropriate facility licensed and certified for the required level of care; and

(2) The participant is at an inappropriate level of care but cannot be moved, and the following conditions are met:

(a) The attending physician has declared that, because of physical or emotional problems, the participant is unable to be moved; and

(b) The reason the participant cannot be moved is adequately documented by the attending physician in the participant’s record.

.10 Recovery and Reimbursement.

Recovery and reimbursement shall be as set forth in COMAR 10.09.36.07.

.11 Cause for Suspension or Removal and Imposition of Sanctions.

Causes for suspension or removal and imposition of sanctions shall be as set forth in COMAR 10.09.36.08.

.12 Appeals Procedures.

Appeals procedures shall be as set forth in accordance with COMAR 10.09.36.09.

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.18 Oxygen and Related Respiratory Equipment Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-129, Annotated Code of Maryland

Notice of Proposed Action

[17-164-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulations .04 and .05 under COMAR 10.09.18 Oxygen and Related Respiratory Equipment Services.

Statement of Purpose

The purpose of this action is to clarify the circumstances under which services are covered for individuals younger than 21 years old. An additional purpose of this proposal is to remove a limitation on covered services.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

.04 Covered Services.

A. (text unchanged)

B. The items in §A(1), (2), and (3)(a) and (b) of this regulation are covered when:

(1) (text unchanged)

(2) The patient’s saturation level is 88 percent or less on room air or less than 93 percent for patients younger than 21 years old; or

(3) (text unchanged)

C.—F. (text unchanged)

.05 Limitations.

A. (text unchanged)

B. The Program places the following limitations upon covered services:

(1)—(2) (text unchanged)

(3) Reimbursement may not be made for:

(a)—(c) (text unchanged)

[(d) Oxygen prescribed for use less than 15 hours per day or except when indicated for sleep apnea as described in Regulation .04B(2)(a) and (b) of this chapter;]

[(e)] (d)[(f)] (e) (text unchanged)

(4) (text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.70 Maryland Medicaid Managed Care Program: Non-Capitated Covered Services

Authority: Health-General Article, §§2-104(b) 15-103, and 15-105, Annotated Code of Maryland

Notice of Proposed Action

[17-161-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulation .03 under COMAR 10.09.70 Maryland Medicaid Managed Care Program: Non-Capitated Covered Services.

Statement of Purpose

The purpose of this action is to clarify that applied behavioral analysis (ABA) Services are carved out of the MCO benefit package.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

 

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

.03 Non Behavioral Health Fee-For-Service Benefits.

An MCO may not be required to provide any of the following benefits or services that are reimbursed directly by the Department:

A.—M. (text unchanged)

N. Transportation services provided through grants to local governments pursuant to COMAR 10.09.19; [and]

O. Services provided to members participating in the State’s Health Home Program as described in COMAR 10.09.33; and

P. Applied behavioral analysis (ABA) services as described in COMAR 10.09.28.

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 27 BOARD OF NURSING

10.27.01 Examination and Licensure

Authority: Health Occupations Article, §§8-205 and 8-307, Annotated Code of Maryland; Chs. 281 and 282, Acts of 2013

Notice of Proposed Action

[17-158-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulation .10 under COMAR 10.27.01 Examination and Licensure. This action was considered by the Board at its regular monthly meeting on January 25, 2017, notice of which was given by publication on the Board’s website in November and December 2016 and on January 1, 2017, pursuant to General Provisions Article, §3-302(c) Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to allow graduates from an accredited registered nurse or licensed practical nursing program, that did not include a supervised clinical learning experience as part of the nursing program, to apply for a license by endorsement in Maryland if they have an active unencumbered license from another state or country and have completed 1,000 hours of nursing practice in the immediate 12-month period before the date of application. Additionally, the amendment sets forth what documentation will be required as evidence of completing the 1,000-hour practice requirement. These applicants will have to meet all other requirements for a license by endorsement.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Board will receive a fee of $100 from each endorsement applicant. This will not be a major increase in revenue for the Board since it is expected that fewer than eight graduates of the Excelsior School of Nursing will apply in any 1 year.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(R+)

$800

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

$800

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. and D. Since 2013, the Board has issued a license by endorsement to 41 graduates from the Excelsior School of Nursing. In the last year, the Board received applications from eight licensees. All were approved. Each applicant was charged $100 for the initial license by endorsement.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

.10 Licensure by Endorsement.

A. (text unchanged)

B. Supervised Clinical Learning Experience Requirement.

(1) A nursing education program approved in another state or country that does not have a supervised clinical learning experience requirement is not substantially equivalent to an approved nursing education program in this State.

(2) An applicant who graduated from a nursing education program in another state or country that did not have a supervised clinical learning requirement does not meet the educational qualifications required by the laws of this State.

(3) The Board may waive the supervised clinical learning experience requirement required by this State for an applicant for licensure by endorsement as a registered nurse who:

(a) Has an active unencumbered license to practice registered nursing from another state or country;

(b) Has graduated from a registered nursing program accredited by a nursing accreditation agency recognized by the Board;

(c) Submits to the Board evidence of completing 1,000 hours of active practice as a registered nurse within the 12-month period immediately preceding the date of the application; and

(d) Otherwise meets the requirements for licensure by endorsement as a registered nurse.

(4) The Board may waive the supervised clinical learning experience requirement required by this State for an applicant for licensure by endorsement as a licensed practical nurse who:

(a) Has an active unencumbered license to practice licensed practical nursing from another state or country;

(b) Has graduated from a licensed practical nursing program accredited by a nursing accreditation agency recognized by the Board;

(c) Submits to the Board evidence of 1,000 hours of active practice as a licensed practical nurse within the 12-month period immediately preceding the date of the application; and

(d) Otherwise meets the requirements for licensure by endorsement as a licensed practical nurse.   

(5) The Board shall accept the following documentation as evidence of completing 1,000 hours of active practice as a registered nurse or licensed practical nurse within the 12-month period immediately preceding the date of the application:

(a) A letter from an employer on the facility’s letterhead, signed and mailed by the employer to the Board of Nursing that states the:

(i) Applicant’s name and license number;

(ii) Dates of employment;

(iii) Job description; and

(iv) Number of hours worked within the previous 12-month period immediately preceding the date

of the application; and  

(b) Pay stubs that indicate the hours of employment within the 12-month period immediately preceding the

date of the application.

(6) The Board will accept pay stubs by mail from the applicant.

[B.] C.—[D.] E. (text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.01 General Licensure Regulations

Authority: Health Occupations Article, §14-503, Annotated Code of Maryland

Notice of Proposed Action

[17-160-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulation .13 under COMAR 10.32.01 General Licensure Regulations. This action was considered at a public meeting held on January 25, 2017, notice of which was provided by posting on the Board’s website, http://www.mbp.state.us/forms/mar17fullagenda.pdf, from January 11, 2017 through January 25, 2017 pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to eliminate the specific settings where a physician may advertise, thereby allowing a physician to advertise using any medium as long as they comply with the specific requirements in COMAR 10.32.01.13B.

 

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

.13 Advertising.

A. A physician may place advertisements [with directories, newspapers, periodicals, and radio or television stations].

B.—I. (text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 56 BOARD OF DIETETIC PRACTICE

10.56.02 Fees

Authority: Health Occupations Article, §§5–205, 5–206, 5–303, and 5–308, Annotated Code of Maryland

Notice of Proposed Action

[17-157-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulation .02 under COMAR 10.56.02 Fees. This action was considered at a public meeting held on March 16, 2017, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/dietetic/Pages/Index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to repeal the late fee for licensees who renew their licenses between November 1 and December 31 of the renewal year. The Board has set the deadline for all licensees to renew their license on or before October 31. According to the Board’s statute, Health Occupations Article, §5-308(a)(1), Annotated Code of Maryland, a licensee who has failed to renew by that date cannot practice in the Maryland. However, the Board’s current regulation allows for a licensee who renews between November 1 and December 31 to pay a late fee in addition to the renewal fee in order to renew. This proposal will bring the Board’s regulations into compliance with the law by deleting the conflicting language and clarifying that a licensee who fails to renew their license by October 31 will have to reinstate their license.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

 

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499; TTY:800-735-2258, or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

.02 Fee Schedule.

The following fees are established by the Board for items and services provided under this subtitle:

A.—C. (text unchanged)

[D. Late fee due with the renewal fee for renewal submitted between November 1 and December 31 of the renewal year ... $100;]

]E.] D.[F.] E. (text unchanged)

[G.] F. Reinstatement fee due in addition to renewal fee submitted after [December] October 31 of the renewal year … $300;

[H.] G.[K.] J. (text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 11 OFFICE OF THE SECRETARY

12.11.09 Inmate Welfare Fund

Authority: Correctional Services Article, §§2-109 and 10-502; Annotated Code of Maryland

Notice of Proposed Action

[17-165-P]

The Secretary of Public Safety and Correctional Services proposes to amend Regulations .02 — .04 under COMAR 12.11.09 Inmate Welfare Fund.

Statement of Purpose

The purpose of this action is to update current practices related to Inmate Welfare Fund Board revenue adjustments and Department re-organization.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

 

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Christopher McCully, Chief Financial Officer, Department of Public Safety and Correctional Services, 300 E. Joppa Road Towson, MD 21286, or call 410 339 5000. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (4) (text unchanged)

(5) “Inmate welfare fund” means a fund used to benefit the general inmate population that is derived primarily from commissions from vendors who provide:

(a) (text unchanged)

[(b) Inmate telephone services;] and

[(c)] (b) (text unchanged)

(6) (text unchanged)

[(7) “Working capital” means the level of funding required to maintain a 45-day commissary inventory calculated by multiplying 1.5 times the average monthly cost of goods sold in the commissary for the preceding fiscal year.]

.03 Funding Administration.

A. — B. (text unchanged)

C. Board membership shall consist of the following Department personnel:

(1) —(3) (text unchanged)

(4) [Chief of Staff (COS)] Commissioner of Correction;

(5) [Executive Director — North Region] Commissioner of Pretrial Detention and Services;

(6) [Executive Director — Central Region] Director of Patuxent Institution;

(7) [Executive Director — South Region] Assistant Attorney General assigned to the Department (Principal Counsel);

(8) [Director of] Chief Financial [Services] Officer; and

(9) Director of [Administrative] Procurement Services [for Operations].

D. (text unchanged)

E. The Board, at a minimum, shall meet [in January and June of] twice each fiscal year.

F. The Deputy Secretary for [Administration] Operations shall provide administrative support staff for the Board who shall:

(1) —(4) (text unchanged)

.04 Inmate Welfare Fund Expenditures.

A. Inmate welfare funds are reserved for the following Department programs and services:

(1) [Chaplaincy;

(2) Inmate legal services included in the Office of the Secretary budget in Program 01;

(3) Education and library services provided by the Department of Labor, Licensing, and Regulation;

(4)] Inmate Grievance Office;

[(5) Positions that supervise inmate education and chaplaincy programs included in the Deputy Secretary for Operations budget program 03;] and

[(6)] (2) Priority inmate-related projects.

B. — C. (text unchanged)

D. A request to the Board under §C of this regulation shall include:

(1) The facility to which the expenditure is to be charged;

(2) A description of the item to be purchased;

[(2)] (3) The total amount of the proposed expenditure with detailed cost information as appropriate;

[(3)] (4) Justification for the proposed expenditure; and

[(4)] (5) The current inmate welfare fund account balance at the facility.

E. (text unchanged)

STEPHEN T. MOYER
Secretary of Public Safety and Correctional Services

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 06 SUPPORTING PROGRAMS

13A.06.01 Programs for Food and Nutrition

Authority: Education Article, §§[5-206,] 5-214, [7-501—7-505,] 7-601—7-605, and 7-701—7-704, Annotated Code of Maryland
Federal Statutory Reference: 42 U.S.C. §§1751—1762a, 1765, 1766, 1766a, 1769a, 1772, 1773, 1776, 1779, 1788 Federal Regulatory Reference: 7 CFR 210, 215, 220, 225—227, 235, 240, 245, 250

Notice of Proposed Action

[17-162-P]

The Maryland State Board of Education proposes to amend Regulations .02 and .03 under COMAR 13A.06.01 Programs for Food and Nutrition. This action was considered by the State Board of Education at their meeting held on March 28, 2016.

Statement of Purpose

The purpose of this action is to bring the regulations into alignment with the Code of Federal Regulations 7 CFR 225, clarify several dates, reorganize for greater clarity, and include electronic methods of communication.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Robin Ziegler, Director, Office of School and Community Nutrition Programs, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0199 (TTY 410-333-6442), or email to robin.ziegler@maryland.gov, or fax to 410-333-2635. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on August 22, 2017, at 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

[(2) “Branch Chief” means the Chief of the School and Community Nutrition Program Branch within the State Department of Education.]

[(3)] (2) (text unchanged)

(3) “Director” means the Director of the Office of School and Community Nutrition Programs within the State Department of Education.

(4)—(7) (text unchanged)

.03 Program Hearing Procedures.

A. Actions Subject to an Administrative Hearing Upon Request. An institution or local educational agency may request a hearing to review the following actions by the Department [for]:

[(1) Denial of an institution’s or local educational agency’s application for participation in a Program;

(2) Denial of an application submitted by an institution or local educational agency on behalf of a facility to participate in the Program;

(3) Proposed termination of the participation of an institution, local educational agency, or facility in a Program;

(4) Notice of proposed disqualification of a responsible principal or responsible individual;

(5) Suspension of an institution’s or local educational agency’s participation;

(6) Denial of an institution’s or local educational agency’s application for expansion funds or start-up payments;

(7) Denial of an advance payment;

(8) Recovery of advances;

(9) Denial of all or part of a claim for reimbursement, except for late submission;

(10) Denial by the Department to forward to the U.S. Department of Agriculture, Food and Nutrition Service, an exception request by an institution or local educational agency for payment of a late claim or request for an upward adjustment to a claim;

(11) Demand for the remittance of an overpayment;

(12) Withholding payment, if applicable; and

(13) Any other action of the Department affecting the participation of an institution or local educational agency in the Program or the institution’s claim for reimbursement under the Program.]

(1) For all programs:

(a) Denial of an institution’s or local educational agency’s application for participation in a program;

(b) Denial of an application submitted by an institution or local educational agency on behalf of a facility to participate in the program;

(c) Denial of an advance payment;

(d) Denial of all or part of a claim for reimbursement, except for late submission;

(e) Denial by the Department to forward to the U.S. Department of Agriculture, Food and Nutrition Service, an exception request by an institution or local educational agency for payment of a late claim or request for an upward adjustment to a claim;

(f) Demand for the remittance of an overpayment;

(g) Withholding payment, if applicable;

(h) Any other action of the Department affecting the participation of an institution or local educational agency in the program or the institution’s claim for reimbursement under the Program; and

(i) A demand for recovery of funds determined to have been illicitly or inappropriately obtained as determined by a federal audit conducted by the USDA Office of Inspector General (OIG) or other authorized audit/oversight agency;

(2) For all programs except the Summer Food Service Program:

(a) Proposed termination of the participation of an institution, local educational agency, or facility in a program;

(b) Notice of proposed disqualification of a responsible principal or responsible individual;

(c) Suspension of an institution’s or local educational agency’s participation;

(d) Denial of an institution’s or local educational agency’s application for expansion funds or start-up payments; and

(e) Recovery of advances; and

(3) For all programs except the Child and Adult Care Food Program, program participation termination for an institution or site.

B. (text unchanged)

C. Notice of Department’s Action.

(1) The institution or local educational agency shall be advised in writing of the grounds on which the Department based its action affecting the institution’s participation in a program, reimbursement, or other actions noted in [§]§A [and B] of this regulation. The notice of action shall be sent by certified mail[,] with return receipt requested[.], email, and standard mail.

(2) A notice is considered received by the institution or responsible principal or responsible individual when it is delivered, sent by facsimile, or sent by email.

(3) If the notice is undeliverable, it is considered to be received by the institution, responsible principal, or responsible individual 5 days after being sent to the addressee’s last known mailing address, facsimile number, or email address.

D.  Appeal of Agency Action and Request for a Hearing.

(1) Except [as provided in §B of this regulation,] for the Summer Food Service Program, the institution or local educational agency may request an administrative hearing by filing a written request for a hearing with the [Branch Chief] Director of the Department not later than [14] 15 calendar days [from the date of the Department’s notice of action.] after the date the notice of action is received. The request for a hearing shall clearly identify the action appealed and contain a brief statement of the reasons for requesting a hearing.      

(2)—(5) (text unchanged)

E. Acknowledgment. The [Branch Chief] Director shall mail written acknowledgment of receipt of the request for a hearing to the institution or local educational agency within 10 calendar days, and shall transmit the request to the Office of Administrative Hearings within 5 working days of receipt of the request for a hearing.

F. Delegation to the Office of Administrative Hearings.

(1) The [Branch Chief] Director shall delegate a request for a review hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland.

(2)—(3) (text unchanged)

(4) An institution may retain counsel or may be represented by an individual designated through a properly executed power of attorney form.  Individuals may represent themselves or retain counsel.

[(4)] (5) [The] Except as provided in §F(6) for the  Summer Food Service Program, the administrative law judge’s findings of fact, conclusions of law, and final decision affirming, reversing, or modifying the Department’s action shall be based solely on the information provided by the Department, the local educational agency, the institution, and the responsible principals and responsible individuals, and based on federal and State laws, regulations, policies and procedures governing the Program and shall be submitted to the [Branch Chief] Director and to the institution or local educational agency within 60 days of the Department’s receipt of the request for a hearing, unless:

(a) —(c) (text unchanged)

[(5)] (6) Exception — Summer Food Service Program — Appeal of Department Action.

(a) If a hearing is requested:

(i) The hearing shall be held within 14 calendar days of the Department’s receipt of the request for hearing and conducted by an administrative law judge in accordance with [COMAR 28,02.01] COMAR 28.02.01; [and]

(ii) The administrative law judge’s findings of fact, conclusions of law, and final decision affirming, reversing, or modifying the Department’s action shall be based solely on the information provided by the Department, the local educational agency, the institution, and the responsible principals and responsible individuals, and based on federal and State laws, regulations, policies, and procedures governing the Program and shall be submitted to the [Branch Chief] Director and to the institution or local educational agency within 5 working days of the conclusion of the hearing[.];

(iii) The appellant shall be allowed to refute the charges contained in the notice of action either in person or by filing a written documentation with the administrative law judge; 

(iv) Written documentation shall be submitted by the appellant within 7 days of submitting the appeal, shall clearly identify the Department’s action being appealed, and shall include a photocopy of the notice of action being issued by the Department;

(v) A hearing shall be held by the administrative law judge in addition to, or in lieu of, a review of written information submitted by the appellant only if the appellant so specifies in the letter appealing the action;

(vi) Failure of the appellant or appellant’s representative to appear at a scheduled hearing shall constitute the appellant’s waiver of the right to a personal appearance before the administrative law judge, unless the administrative law judge agrees to reschedule the hearing; and

(vii) A representative of the Department shall be allowed to attend the hearing to respond to the appellant’s testimony and written information and to answer questions from the review official.

(b) (text unchanged)

[(6)] (7) Exception — Child and Adult Care Food Program — Abbreviated Administrative Review. If the institution or local educational agency appeals the Department’s action as described [below] in §F(6) of this regulation and a hearing is requested, the Department [must] shall limit the administrative hearing to a review of written submissions concerning the accuracy of the Department’s determination if the application was denied or the Department proposes to terminate the institution’s agreement because:

(a) (text unchanged)

(b) The institution, one of its sponsored [facilities] sites, or one of the principals of the institution or its [facilities] sites is on the national disqualified list;

(c) The institution, one of its sponsored [facilities] sites, or one of the principals of the institution or its [facilities] sites is ineligible to participate in any other publicly funded program by reason of violation of the requirements of the program; or

(d) The institution, one of its sponsored [facilities] sites, or one of the principals of the institution or its [facilities] sites has been convicted for any activity that indicates a lack of business integrity.

G. Discovery. Information on which the Department’s action was based shall be available to the institution or local educational agency for inspection from the date of the Department’s receipt of the request for a hearing. No further discovery shall be available.

H.—I. (text unchanged)

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 02 ACADEMIC REGULATIONS

13B.02.06 Financial Guarantees and the Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education

Authority: Education Article, §§11-105(u) and 11-203, Annotated Code of Maryland

Notice of Proposed Action

[17-163-P]

The Maryland Higher Education Commission proposes to adopt Regulations .01—.13 under a new chapter, COMAR13B.02.06 Financial Guarantees and the Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education. This action was considered by the Commission at an open meeting held on April 26, 2017, notice of which was given as required by General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to implement the Financial Guarantees and the Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education under Education Article, §11-203, Annotated Code of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Each for-profit school operating in Maryland will be required to pay a financial assessment equal to 25percent of the adjusted gross tuition. Based on the most recent available information (College Navigator: 2015 Enrollment, and 2015—2016 Tuition, using data for the highest enrolled program), this imposes an assessment for the following schools in the following amount.

Brightwood College: $4,900,443.00

Fortis College: $1,922,745.50

Lincoln College of Technology: $5,432,751.00

Stratford University: $12,497,726.25

Kaplan University: $2,644,760.00

Strayer University: $9,669,618.75

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)

Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

25% of tuition revenue

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Varies

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. Private career schools must provide a financial assessment or performance bond equal to 25 percent of their tuition revenue.

F. Students at a for-profit college or university that closes will be able to receive a tuition refund.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Emily Dow, Assistant Secretary of Academic Affairs, Maryland Higher Education Commission, 6 N. Liberty Street, 10th Floor, Baltimore, MD 21201, or call 410-767-3041, or email to emily.dow@maryland.gov, or fax to 410-332-0270. Comments will be accepted through July 24, 2017. A public hearing has not been scheduled.

.01 Purpose.

The purpose of this chapter is to:

A. Provide for the assessment of fees on for-profit institutions of higher education under Education Article, §11-203, Annotated Code of Maryland;

B. Provide for the filing of certain financial guarantees by for-profit institutions of higher education under Education Article, §11-203, Annotated Code of Maryland;

C. Provide for the creation and administration of the Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education; and

D. Set forth standards and procedures for processing claims filed by students of for-profit institutions of higher education under Education Article, §11-203, Annotated Code of Maryland.

.02 Definitions.

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

B. Terms Defined.

(1) “Adjusted gross tuition and fees” means all revenues received on a cash or accrual accounting basis, less any refunds paid to students, for tuition and fees for all instructional programs or courses enrolled in by students, except for charges for materials, supplies, and books that have been purchased by, and are the property of, a student.

(2) “Assessment year” means a 12-month period from July 1 through June 30 in which the Secretary may levy assessments on for-profit institutions of higher education as provided in this chapter.

(3) “Commission” means the Maryland Higher Education Commission.

(4) Discharge.

(a) “Discharge” means the release of a borrower from the obligation to repay his or her loan for any reason.

(b) “Discharge” includes, but is not limited to:

(i) Loan forgiveness;

(ii) A discharge through the Closed School Discharge program or the Borrower Defense to Repayment program of the USED; and

(iii) Loan forgiveness or discharge through the federal Department of Veterans Affairs, federal Department of Defense, or any other federal agency.

(5) “Financial guarantee” means a performance bond, or irrevocable letter of credit, in the form and amount the Secretary requires.

(6) “For-profit institution of higher education” has the meaning stated in Education Article, §10-101, Annotated Code of Maryland.

(7) “Fund” means the Maryland Guaranty Student Tuition Fund for For-profit Institutions of Higher Education.

(8) Lender.

(a) “Lender” means an entity, institution, or government that lends funds to a student, or on behalf of a student, to pay for charges for tuition or fees.

(b) “Lender” includes:

(i) A bank, mutual savings bank, savings and loan association, or credit union that is subject to examination and supervision in its capacity as a lender by an agency of the United States or of the state in which its principal place of operation is located;

(ii) A pension fund that is subject to examination and supervision by an agency of the United States or a state;

(iii) An insurance company that is subject to examination and supervision by an agency of the United States or a state;

(iv) In any state, a single agency of the state or a single private nonprofit agency designated by the state to lend funds to a student or manage student loan debt;

(v) For purposes of purchasing and holding loans made by other lenders, a student loan marketing association or an agency of any state or the federal government functioning as a secondary market; or

(vi) The USED, federal Department of Veterans Affairs, federal Department of Defense, and any other federal agency.

(9) “Loan servicer” means an entity that collects payments, responds to customer service inquiries, and performs other administrative tasks associated with maintaining a student loan on behalf of a lender.

(10) “Non-Title IV adjusted gross tuition and fees” means a school’s adjusted gross tuition and fees minus the amount of Title IV federal financial aid received by the school on behalf of its students.

(11) “School” means a for-profit institution of higher education that has received a certificate of approval from the Commission.

(12) “Secretary” means the Maryland Secretary of Higher Education.

(13) “Student” means an individual who resided in Maryland at the time the individual was enrolled in a school.

(14) “Student records” means:

(a) A student’s academic record;

(b) A student’s account ledger;

(c) Evidence of compliance with the school’s admissions requirements;

(d) Credit granted for previous academic work;

(e) Date of admission, start dates, and withdrawal or completion dates;

(f) Reasons for withdrawals, when known;

(g) Student transcripts indicating achievements;

(h) Tuition and financial aid records, when applicable; and

(i) Any other information usually required by institutions of postsecondary education when considering a student for transfer, acceptance of credit, or advanced study.

(15) Tuition and Fees

(a) “Tuition and fees” means all funds paid by or on behalf of a student for charges assessed by a school for providing an instructional program or course.

(b) “Tuition and fees” includes charges assessed for the use of equipment, materials, or supplies that are assessed against all students in the same course or program.

(c) “Tuition and fees” does not include charges for materials, supplies, or books that have been purchased by, and are the property of, the student.

(16) “USED” means the United States Department of Education.

.03 Fund Established.

There is a Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education.

.04 Uses of the Fund.

A. The Fund shall be used:

(1) In the event of a school closure, to provide a full refund of tuition and fees incurred by a student that have not been reimbursed or discharged;

(2) Subject to §B of this regulation, to provide a refund, as determined by the Secretary, of tuition and fees incurred by a student that have not been reimbursed or discharged, if the school fails to:

(a) Faithfully comply with all agreements and contracts that it makes with a student; or

(b) Comply with any provision of Education Article, Annotated Code of Maryland; and

(3) For any other reason directly related to the original purpose of the Fund deemed appropriate by the Secretary.

B. Prior to making a claim under §A(2) of this regulation, a student shall follow the complaint process of the school. If the school does not respond within 30 days after its receipt of a complaint, the student may file a claim under Regulation .08 of this chapter.

.05 Financial Guarantee or Alternative Fund Payment, and Potential Additional Assessment.

A. Each school shall:

(1) As prescribed by Regulation .06 of this chapter, either provide a financial guarantee to the Commission, or make an alternative fund payment; and

(2) As prescribed by Regulation .07 of this chapter, pay an assessment, if one is levied by the Secretary, into the Fund.

B. The Secretary may not issue a certificate of approval to, and may revoke any certificate of approval previously issued to, a school that fails to comply with the requirements of §A of this regulation.

.06 Requirements for the Financial Guarantee or Alternative Fund Payment.

A. Subject to §F of this regulation, each school annually shall elect to:

(1) Provide the financial guarantee described in §§B — D of this regulation; or

(2) Make the alternative fund payment described in §E of this regulation.

B. A financial guarantee:

(1) Shall be in the form and amount the Secretary requires; and

(2) Shall be made under the terms and conditions determined by the Secretary, including the conditions that the institution will:

(a) Faithfully comply with all agreements and contracts that it makes with a student; and

(b) Comply with Education Article, Annotated Code of Maryland.

C. Amount of Guarantee for Approved Schools.

(1) By October 1, 2017, a school that received its certificate of approval from the Commission prior to July 1, 2016, and that elects to provide a financial guarantee under this regulation, shall provide to the Commission a financial guarantee in an amount equal to either:

(a) 25 percent of the school’s adjusted gross tuition and fees for the year July 1, 2015 through June 30, 2016; or

(b) The school’s non-Title IV adjusted gross tuition and fees for the year July 1, 2015 through June 30, 2016.

(2) By October 1, 2018, and each subsequent October 1, a school that received its certificate of approval from the Commission prior to July 1, 2016, and that elects to provide a financial guarantee under this regulation, shall provide to the Commission a financial guarantee in an amount equal to the school’s non-Title IV adjusted gross tuition and fees for the prior July 1 through June 30.

(3) The Secretary may require a school to increase the amount of the school’s financial guarantee pursuant to Education Article, §11-203, Annotated Code of Maryland.

D. Amount of Guarantee for New Schools.

(1) For the school’s first year of operation in the State, a school that receives a certificate of approval from the Commission on or after July 1, 2016, and that elects to provide a financial guarantee under this regulation, shall provide to the Commission a financial guarantee in an amount equal to $500,000.

(2) For the school’s second year of operation in the State, the school shall provide, by the expiration of its first year of operation in the State, a financial guarantee in an amount equal to the school’s non-Title IV adjusted gross tuition and fees for the prior July 1 through June 30.

(3) For the school’s third and subsequent years of operation in the State, the school shall provide, by October 1 of each year, a financial guarantee in an amount equal to the school’s non-Title IV adjusted gross tuition and fees for the prior July 1 through June 30.

(4) The Secretary may require a school to increase the amount of the school’s financial guarantee pursuant to Education Article, §11-203, Annotated Code of Maryland.

E. Alternative Fund Payment.

(1) If a school elects to make an alternative fund payment in lieu of providing a financial guarantee, the school shall pay into the Fund an amount equal to the amount that would have been required for the school’s financial guarantee under §§B — D of this regulation.

(2) The alternative fund payment shall be a one-time payment, except that the Secretary annually may require a school to make an additional payment in the amount of any increase in the school’s non-Title IV gross tuition and fees, as reflected in the school’s annual Financial Reporting Form under Regulation .11 of this chapter.

F. A school is not required to provide a financial guarantee or to make an alternative fund payment under this regulation if the Secretary suspends those options and determines that the Fund shall be funded solely by assessments levied pursuant to Regulation .07 of this chapter.

.07 Fund Accounting, Annual Assessment, and Special Assessment.

A. The Secretary may make an accounting of the Fund as appropriate.

B. Notwithstanding any other provision of this chapter, the Secretary may issue an annual assessment to each school. An annual assessment shall be based on a percentage of a school’s tuition and fees, for a school year determined by the Secretary, and shall be paid to the Commission by the date determined by the Secretary.

C. If the monies in the Fund are insufficient to pay pending claims, the Secretary may issue a special assessment, in addition to any annual assessment, and each school shall pay the special assessment amount as determined by the Secretary.

.08 Filing Claims.

A. A student shall file a claim within 3 years of the date the student knew, or reasonably should have known, of facts that might entitle the student to an award under Regulation .04A of this chapter. Claims filed after that date may not be considered, unless the Secretary determines that there are extenuating circumstances that justify or excuse the late filing. In the event of a school closure, claims shall be filed within 3 years of the date of the school’s closure, unless the Secretary determines that there are extenuating circumstances that justify or excuse a late filing.

B. A student making a claim against the Fund shall submit a First Report of Claim Form, prepared by the Secretary and published on the Commission’s website, which shall require the student to submit, at a minimum, the following information:

(1) The student’s:

(a) Complete name at the time of enrollment and, if different, the student’s current name;

(b) Date of birth;

(c) Current home address;

(d) Current mailing address;

(e) Telephone number or numbers;

(f) Current email address;

(g) Social Security number;

(h) Program of study;

(i) Degree, certificate, or other award obtained or sought; and

(j) Dates of enrollment at the school;

(2) The name and campus location of the school against which the claim is made;

(3) The basis for the claim, specifying if the claim is based on the:

(a) School’s closure;

(b) School’s failure to faithfully comply with all agreements and contracts that it makes with the student; or

(c) School’s failure to comply with a provision of Education Article, Annotated Code of Maryland;

(4) A statement detailing the student’s effort to resolve the claim with the school, including any relevant documentation;

(5) A statement of the remedy requested; and

(6) A signed statement, compliant with State and federal privacy laws, that the student authorizes representatives of the school, lenders, the USED, and loan servicers to release any and all records, including educational and financial records, to the Secretary in the course of the Secretary’s investigation of the claim.

C. A student who has submitted a claim shall update the Secretary of any change in name, mailing address, email address, or phone number.

D. Loan Discharge Request.

(1) A student shall request that the USED and, if applicable, its loan servicer, discharge all or part of the student’s loan if:

(a) The student’s claim is based on a school’s closure; and

(b) The student is indebted to the USED for monies used to pay tuition and fees to the school.

(2) A student’s claim against the Fund for tuition and fees that are subject to discharge may not be processed until the student provides the Secretary with evidence from the USED or loan servicer, as applicable, of a final decision on the student’s loan discharge request.

(3) The Secretary may require that a student request a loan discharge in other circumstances prior to adjudicating the claim.

E. The Secretary may seek information needed to process a claim directly from a school, lender, loan servicer, or the USED.

F. Notwithstanding any other provision, a student’s failure to comply with this regulation or to supply any information requested by the Secretary during an investigation or adjudication of a claim may result in a partial or complete denial of a claim.

G. The Secretary may require that a student submit information in addition to the First Report of Claim Form, including but not limited to:

(1) Facts and documents that support the claim;

(2) An explanation of how the school’s actions injured or damaged the student;

(3) The student’s complete transcript, reflecting any degrees, certificates, or other awards received;

(4) The student’s financial statement of account with the school, or other documents that indicate charges and payments for tuition and fees;

(5) A copy of the student’s request that the USED or loan servicer discharge all or a portion of the student’s loans; and

(6) The names of all lenders or loan servicer to whom the Student is indebted for tuition assistance, and the account and current contact information for each.

.09 Claim Adjudication.

A. The Secretary may determine the scope of investigation necessary to adjudicate a claim.

B. The Secretary may request information and records from the student, school, lenders, loan servicers, the USED, and others as needed in the Secretary’s judgment.

C. The Secretary shall determine whether to approve or deny a claim.

D. If a claim is approved, the Secretary shall determine the:

(1) Amount to be awarded;

(2) Time, place, and manner of payment;

(3) Conditions upon which payment shall be made; and

(4) Order in which payments shall be made.

E. In determining whether to grant or deny a claim and the amount to be awarded for an approved claim, the Secretary may consider the:

(1) Basis of the claim;

(2) Evidence obtained in the investigation;

(3) Damages or injuries sustained by the student as a result of the school’s actions;

(4) Student’s participation in a transfer program or teach-out;

(5) Student’s progress toward or receipt of a degree, certificate, or other terminal award;

(6) Length of any break in the student’s attendance and the reason;

(7) School’s efforts to resolve the claim;

(8) Amount available and likely to become available to the Fund for payments of claims;

(9) Size and number of claims filed or likely to be filed against the school; and

(10) Past decisions on similar claims.

F. Claim Based on School Closure.

(1) If a claim is based on a school’s closure, the student shall be presumed to have incurred no damages or injuries for tuition and fees if the:

(a) Student was awarded the degree, certificate, or other award that the student sought;

(b) Student participates in a teach-out or transfer program as approved by the Secretary;

(c) Student’s loan is discharged or eligible for discharge; or

(d) Claim is for tuition and fees applicable to a semester or term other than the one in which the school closed.

(2) A student may overcome the presumption in §F(1) of this regulation by providing proof of damages or injuries notwithstanding the receipt of an award, successful participation in a teach-out or transfer program, or loan discharge.

G. Notwithstanding any other provision of this chapter, a student may not receive an award for loan amounts that have been or are eligible for discharge.

H. Payment Due to School Closure.

(1) If the Secretary awards payment to a student because of a school closure, the payment shall first be made to a lender or loan servicer, as applicable, as repayment of the student’s debt to the lender for that portion of the indebtedness that pertains to tuition and fees.

(2) As a condition of payment, the lender or loan servicer shall update the student’s credit reports to reflect full or partial satisfaction of the debt, as applicable, and forward confirmation of the update to the Secretary.

(3) Upon the request and written authorization of the student, the Secretary may attempt to have the lender or loan servicer discharge all or a portion of the student’s debt.

I. The Secretary’s decision on a claim shall be in writing and mailed to the student and school and shall become final 30 days after the date of the Secretary’s determination unless the student, within the 30-day period, files with the Secretary a written request for reconsideration. The written request shall contain evidence that supports a request for reconsideration. The Secretary’s decision on reconsideration is final.

J. A claimant or other person does not have any right in the Fund as beneficiary or otherwise.

.10 Administration of the Fund.

A. The Secretary shall administer the Fund as follows:

(1) Monetary payments into the Fund shall be made in the form of a check made payable to the Maryland Guaranty Student Tuition Fund for For-profit Institutions of Higher Education;

(2) Monetary payments into the Fund shall be maintained by the State Comptroller, who shall deposit and invest the assets of the Fund. All interest or other return on the Fund shall be credited to the Fund;

(3) A penalty assessed against a school shall be deposited into the Fund;

(4) The assets of the Fund may not be expended for any purpose other than those specified under Regulation .04A of this chapter; and

(5) The Fund shall be a continuing, nonlapsing fund. Any unspent portion of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in Regulation .04A of this chapter.

B. The Commission is subrogated to and may enforce the claim of any student to the extent of any actual or authorized reimbursement from the Fund.

C. When a claim is approved, the Secretary, as agent for the Fund, shall be subrogated in writing to the amount of the claim. The Secretary is authorized to take all steps necessary to perfect the subrogation rights before the claim is paid. If payment of a school’s obligation is made from the Fund, the Secretary may seek repayment of the sums from the school or another responsible person or entity. This provision is enforced through the Office of the Attorney General.

D. The Secretary may appoint an advisory council to whom the Secretary may refer matters pertaining to the Fund.

.11 Reporting.

A. Each school shall file with the Secretary by September 1 of each year:

(1) A copy of the school’s most recent audited financial statement;

(2) A copy of the school’s most recent pro-forma statement; and

(3) A Financial Reporting Form, as prescribed by the Secretary, that requires, at a minimum, the following information for the most recent year beginning July 1 and ending June 30:

(a) The total number of students enrolled in the school;

(b) The total amount of adjusted tuition and fees;

(c) The total amount of non-Title IV adjusted gross tuition and fees; and

(d) A declaration signed and dated by the chief executive officer of the school under penalty of perjury that the information in the Financial Reporting Form and any attachments are true and correct.

B. The timely filing of the reports in §A of this regulation is a condition of a school’s continued approval to operate.

.12 Notice to Students.

Each school shall include the following statement in its student contract, enrollment agreement, and course catalog: “A student may be entitled to make a claim against the Maryland Guaranty Student Tuition Fund for For-profit Institutions of Higher Education (“Student Tuition Fund”) in the case of certain events, including a school closure. The Student Tuition Fund is administered by the Maryland Higher Education Commission. Information about the Student Tuition Fund and instructions for filing a claim may found in Regulations 13B.02.06.01 through .13 of the Code of Maryland Regulations or by contacting the Maryland Higher Education Commission.”

.13 Orderly Closure and Teach-Outs.

A. Financial Guarantee.

(1) In addition to the requirements of Regulation .05 of this chapter, a school shall provide to the Commission a financial guarantee in the amount of $100,000 as security for its performance of duties and responsibilities under this regulation.

(2) The Secretary may not issue a certificate of approval, and may revoke any certificate of approval previously issued, to a school that fails to provide a financial guarantee as required in this regulation.

(3) If a school does not comply with the provisions of this regulation, the Secretary may utilize the school’s financial guarantee to defray the costs and expenses incurred as a result.

(4) If a school fully and timely complies with the provisions of this regulation, as determined solely by the Secretary, the Secretary shall return the financial guarantee in full.

B. A school that decides to close shall immediately, and in any event within 3 business days of its decision to close, notify the Commission in writing of its intention to close and provide an initial closure plan. The initial closure plan shall include:

(1) The exact date the school will close and reason for the closure;

(2) The last date of instruction for each educational service or program;

(3) Notice of whether branch campuses of the institution will close or remain open;

(4) If known, notice of whether the school will provide teach-out arrangements; and

(5) A list of all students who were enrolled at any time during the 120 days prior to the date of the decision to close.

C. A school that decides to close shall, within 10 business days of its decision to close, provide to the Commission a final closure plan that includes:

(1) A timeline for the transfer of all student records to the Commission;

(2) A list of all students who were enrolled at any time during the 120 days prior to the date of the decision to close that includes:

(a) The student’s full name at the time of enrollment and any name changes submitted by the student;

(b) The student’s current enrollment status; and

(c) The student’s last known mailing address, email address, and phone numbers;

(3) An explanation of how and when the school will notify all students of their rights and options under federal student financial aid programs and this regulation; and

(4) For any student who will not be provided a complete educational program:

(a) A plan for providing teach-outs or transfers, including details and documentation of any agreements with other institutions; or

(b) If no teach-out is contemplated, or for students who do not wish to participate in a teach-out, a plan for making applicable refunds to students within 45 days from the date of closure.

D. If a school closes, prior to the date of closure it shall deliver to the Secretary electronic copies, if available, of the student records for all current and former students.  If electronic copies do not exist, the school shall deliver the originals or paper copies of the records.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

 


Errata

COMAR 07.02.07

At 44:7 Md. R. 363 (March 31, 2017), column 1, line 33 from the top:

For:       (viii) Provide services if appropriate to the alleged

Read:          (vii) Provide services if appropriate to the alleged

 

At 44:7 Md. R. 366 (March 31, 2017), column 1, lines 4—8 from the bottom:

     For:           

              (1) Ensure that the record is complete;

              (2) No later than 30 days after completing the investigation;

                   (a) In a case of ruled out child abuse, notify the alleged maltreator of the finding:

                  (b) In a case of indicated or unsubstantiated child abuse or

 

     Read:         

         A. Ensure that the record is complete;

         B. No later than 30 days after completing the investigation;

               (1) In a case of ruled out child abuse, notify the alleged maltreator of the finding:

               (2) In a case of indicated or unsubstantiated child abuse or

 

At 44:7 Md. R. 366 (March 31, 2017), column 2, lines 1—8 from the top:

     For:

                   (c) In a case of indicated or unsubstantiated child abuse or neglect in which no individual has been identified as a maltreator, send notice of the finding and of the right to appeal under COMAR 07.02.26 to the alleged maltreator; and

               (3) Within 5 business days of completing an investigation:

                    (a) Complete a written report of its disposition and any necessary services; and

                    (b) Provide a final report to the State’s Attorney’s Office by

 

     Read:         

              (3) In a case of indicated or unsubstantiated child abuse or neglect in which no individual has been identified as a maltreator, send notice of the finding and of the right to appeal under COMAR 07.02.26 to the alleged maltreator; and

          C. Within 5 business days of completing an investigation:

              (1) Complete a written report of its disposition and any necessary services; and

              (2) Provide a final report to the State’s Attorney’s Office by

[17-13-18]

 


Special Documents

 


OFFICE OF THE SECRETARY OF STATE

INTERNATIONAL AND INTERSTATE AGREEMENTS

Memorandum of Understanding Between the Department of Social Development in the Government of the Republic of South Africa and the State of Maryland in the United States of America on Bilateral Cooperation in the Field of Social Development 

 

PREAMBLE

The Department of Social Development in the Government of the Republic of South Africa and the Maryland Department of Health and Mental Hygiene, the Maryland Department of Human Resources, the Maryland Higher Education Commission, and the Maryland State Department of Education (hereinafter jointly referred to as the “Participating Agencies”) in the State of Maryland (hereinafter jointly referred to as the “Parties” and in the singular as a “Party”);

 

DESIRING to promote and strengthen cooperation between the Department of Social Development and the Participating Agencies in the field of social development;

 

SEEKING to encourage and further develop their amicable relationship through the exchange of programs, information and expertise aimed at benefiting the participants in social development activities in both countries;

 

MINDFUL of the legacy of the racial discrimination that post-apartheid South Africa inherited a social welfare system that was highly fragmented, geographically uneven with the quality and access to services differentiated according to race; 

 

DETERMINED to address the extensive multidimensional poverty that is a direct outcome of the apartheid system which denied the majority the opportunities for development and advancement;

 

INSPIRED by President Nelson Mandela’s speech at the Special Convocation at Howard University after he was conferred an honorary doctorate degree on 7 October 1994; and

 

MINDFUL of the State of Maryland’s great historical significance in the liberation and social advancement efforts of African Americans and its import for the Department of Social Development’s endeavors to build liberation-based, inclusive social development plans; 

 

HEREBY AGREE as follows:

 

ARTICLE 1

GENERAL OBJECTIVES

(1)   This Memorandum of Understanding provides the framework for a detailed implementation of programs of cooperation, information sharing and expertise in the field of social development on the basis of exchange and mutual interest.

(2)   The Parties shall encourage and facilitate contact and cooperation between social development structures and the State of Maryland.

 

ARTICLE 2

AREAS OF COOPERATION

    

The Parties shall facilitate the implementation of this Memorandum of Understanding in respect of, but not limited to, the following activities in the field of social development:

(1)   Capacity building within the Department of Social Development social service policy, practice and professionals focused on behavioural health, including mental health;

(2)   Establishment of partnerships with colleges, universities, and other academic training institutions, in priority areas including social work and early childhood education;

(3)   Exchange of expertise in the design and rollout of Alcohol and Substance Related Disorder prevention, treatment, after care and reintegration programs. Both parties will seek to collaborate in advocating for early intervention and a more integrated approach with other role players in addressing the challenges of drug abuse;

(4)   Sharing of good practices that address the needs of foster youth and vulnerable youth between the ages of 19-23 years. This will include youth that graduate out or age out of Foster Care System and Child and Youth Care Centres or facilities;

(5)   Sharing of good practices that address the needs of the population in the most impoverished communities and the rural areas by initiating DSD programs using various mechanisms, including Non-Profit Organizations (NPO) and Faith Based Organizations (FBO);

(6)   Sharing of good practices that will assist in developing center and non-center based early childhood programs with parenting training and development, including strengthening family programs;

(7)   Exchange good practices that will enhance existing youth development, engagement, and delinquency prevention programs to include the use of technology training as well as link to other models, such as entrepreneurship programs; and

 

(8)   Jointly work towards strengthening management of monitoring and evaluation of systems that ensure policies are well designed and have the desired impact on programs and services.

 

ARTICLE 3

FORMS OF COOPERATION

(1)   The Parties may, in accordance with the objectives of this Memorandum of Understanding, encourage the establishment of contacts and cooperation between interested institutions, organizations and persons in both countries in the areas listed in Article 2.

(2)   In the implementation of the provisions of this Memorandum of Understanding, the autonomy of the relevant institutions and agencies may be considered.

(3)   The Parties may encourage cooperation through:

(a) the exchange of experts and visits of government officials, governmental agencies, civil society, and participants of a relevant level, in the areas of social development;

(b) the exchange of information on social development;

(c) collaboration in the area of documentation and research on social services; and

(d) the encouragement of capacity building and enhancement of social development community and government agencies.

 

ARTICLE 4

LEGAL EFFECT

(1)   The Parties shall act in good faith in implementing the items described in this Memorandum of Understanding

(2)   The Parties shall not assume any legal or financial obligation in this regard.

(3)   This Memorandum of Understanding is not legally binding and does not create any legal or equitable rights or obligations for or on either party. 

 

ARTICLE 5

ENTRY INTO FORCE, DURATION, AND TERMINATION

(1)   This Memorandum of Understanding shall enter into force on the date of signature thereof.

(2)   This Memorandum of Understanding shall remain in force for a period of five years from the date of commencement, unless terminated by either Party under terms of subparagraph (3) of this Article.

(3)   This Memorandum of Understanding may be terminated by either Party through written notice of desire to terminate.

 

ARTICLE 6

AMENDMENTS

 

This Memorandum of Understanding may be amended by written agreement between the Parties.

 

 

IN WITNESS WHEREOF the undersigned, being duly authorised thereto have signed and sealed this Memorandum of Understanding in duplicate in the English language, both texts being equally authentic.

 

DONE at the ________________ on this _______ day of __________ 2017.

 

 

Ms Bathabile O. Dlamini, MP

Minister of Social Development

Government of the Republic of South Africa

 

 

Mr John C. Wobensmith

Secretary of State

State of Maryland Government

 

[17-13-21]

 

 


General Notices

 

Notice of ADA Compliance

   The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings.  Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

 


COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Meeting

Date and Time: July 11, 2017, 5:30 — 7:30 p.m.

Place: Judiciary Education and Conference Center, 2009D Commerce Park Dr., Annapolis, MD

Contact: David Soule (301) 403-4165

[17-13-05]

 

STATEWIDE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (SEMSAC)

Subject: Public Meeting

Date and Time: July 6, 2017, 1 — 3 p.m.

Place: 653 W. Pratt St., Ste. 212, Baltimore, MD

Add'l. Info: The State Emergency Medical Services Advisory Committee (SEMSAC) meets regularly on the 1st Thursday of each month.

Contact: Leandrea Gilliam (410) 706-4449

[17-13-08]

 

EMERGENCY MEDICAL SERVICES BOARD

Subject: Public Meeting

Date and Time: July 11, 2017, 9 — 11 a.m.; part of the meeting may include a closed session.

Place: 653 W. Pratt St., Ste. 212, Baltimore, MD

Add'l. Info: The State Emergency Medical Services Board (EMS Board) meets regularly on the 2nd Tuesday of each month.

Contact: Leandrea Gilliam (410) 706-4449

[17-13-07]

 

MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subject: Call for Applications from Hospitals Wishing to Be Considered for Designation

Place: Office of Hospital Programs, 653 W. Pratt St., Ste. 407, Baltimore, MD 21201, MD

Add'l. Info: The Maryland Institute for Emergency Medical Services Systems gives notice that hospitals wishing to be considered for designation as a cardiac interventional center under COMAR 30.08.02.03 should submit a written letter of intent to the office listed above, Attn: Lisa Myers. Applications will be considered from hospitals that are currently operating under approval from the the Maryland Health Care Commission for the performance of primary percutaneous coronary intervention. For more information contact Lisa Myers, Office of Hospital Programs at (410) 706-4740, or email lmyers@miemss.org.

     Applications must be received complete within 6 months of this publication date.

Contact: Sarah Sette (410) 706-8514

[17-13-12]

 

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES

Subject: Public Notice for Developmental Disabilities Administration Targeted Case Management

Add'l. Info: For dates of service beginning July 1, 2017, the Maryland Medical Assistance reimbursement rate for Developmental Disabilities Administration (DDA) targeted case management (TCM) providers will increase 3.5 percent. These TCM services are also called Coordination of Community Services. DDA TCM services target three populations of individuals with developmental disabilities: (1) individuals on the Developmental Disabilities Waiting List who have been determined to have a disability; (2) individuals needing community coordination services; and (3) individuals transitioning to the community. The rate will be $18.61 per unit. This represents an estimated $1,385,995 total fund increase (50 percent General Funds/50 percent federal funds) cost for the program between July 1, 2017 and June 30, 2018.

     Copies of the proposed changes are available for public review at the local health department in each county and Baltimore City. Written comments may be sent to Nina McHugh, Office of Health Services, DHMH, 201 W. Preston Street, Room 127B, Baltimore, MD 21220, or call (410)767-5003, or email to nina.mchugh@maryland.gov.

Contact: Nina McHugh (410) 767-5003

[17-13-16]

 

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES

Subject: Public Notice for an Increase to Reimbursement Rates for Behavioral Health Providers 

Add'l. Info: The fiscal 2018 State budget, approved under Senate Bill 170, includes a 2 percent rate increase for community behavioral health providers, in accordance with Article III, §52 of the Maryland Constitution. Effective July 1, 2017, this includes rates listed on the public mental health fee schedule (with the exception of Evaluation and Management Codes); H codes listed on the public substance use disorder fee schedule; Brain Injury Waiver services; 1915(i) services— intensive behavioral services for children, youth, and their families; and Maryland Chronic Health Homes.

     The total funds impact is expected to be $11,847,472 and the State general funds impact is expected to be $5,923,736.00 for fiscal year 2018.

     Written comments may be sent to Elaine Hall, Office of Health Services, DHMH 201 W. Preston St., Rm. 213A, Baltimore, MD 21201, or emailed to dhmh.mabehavioralhealth@maryland.gov.

Contact: Elaine Hall (410) 767-1998

[17-13-17]

 

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES

Subject: Announcement of a New Waiver — Proposal

Add'l. Info: Department of Health and Mental Hygiene — Family Support Waiver — Proposal — Request for Public Comment

     The Department of Health and Mental Hygiene (DHMH) is developing a new Family Support Waiver program which will provide individual and family supports for children birth to 21 with developmental disabilities on the Developmental Disabilities Administration (DDA) Waiting List.  The goals of the new program include providing: (1) innovative service options that support Maryland’s Supporting Families Community of Practice; (2) individual and family self-direction opportunities; (3) flexibility for individuals and families to move dollar amounts among line items within their approved person-centered/family-centered plan to meet the emerging and cyclical needs of the child and family; and (4) short-term exceptions to the overall budget caps based on exceptional needs (for example family caregiver support needs, post hospitalization, short term nursing needs).

     The waiver application was developed based on input from individuals on the DDA Waiting List and their families, Family Supports Waiver Steering Committee, Developmental Disabilities Coalition Survey and recommendations, independent consultants national research, public regional input forums conducted June 16, 2017 through June 22, 2017, and submitted comments.

     The information regarding the Family Support Waiver including the federal application will be posted to the Developmental Disabilities Administration (DDA) website on July 1, 2017at https://dda.health.maryland.gov/Pages/DDA_FAMILY_SUPPORTS_Waiver.aspx. Copies of the Family Support Waiver are available for public review at the DDA Headquarter and Regional Offices. Public comments can be submitted to wfb.dda@maryland.gov through July 31, 2017.

Contact: Rhonda Workman  (410) 767-8690

[17-13-20]

 

DIVISION OF LABOR AND INDUSTRY/AMUSEMENT RIDE SAFETY ADVISORY BOARD

Subject: Public Meeting

Date and Time: June 30, 2017, 10 a.m. — 12 p.m.

Place: Howard Johnson Oceanfront Plaza Hotel on the Boardwalk, 12th St. and 1109 Atlantic Ave., Ocean City, MD

Add'l. Info: The Amusement Ride Advisory Board will meet to discuss issues relating to amusement ride safety. Interested persons should call the contact person to confirm the meeting.

Contact: Pamela Torres (410) 767-2330

[17-13-14]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: July 20, 2017, 1 — 4 p.m.

Place: 4160 Patterson Ave., Rm. 100, Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[17-13-03]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Notice of Receipt of Letter of Intent for New Psychiatric Hospital Services

Add'l. Info: On May 23, 2017 the Maryland Health Care Commission received from UM-Upper Chesapeake Health System, Inc., a Letter of Intent to establish a new psychiatric hospital to be located on a 45-acre site at 210 Barker Lane, Havre de Grace. The project will include a 40-bed inpatient unit serving adult patients (aged 18 and older). An 18-bed unit will be dedicated to geriatric psychiatric services.

     Pursuant to COMAR 10.24.01.08A(3) the Commission hereby initiates a 30-day period in which additional Letters of Intent to apply for a Certificate of Need may be submitted to establish a new psychiatric hospital in the Central Maryland Service Area (Anne Arundel, Baltimore, Carroll, Howard, and Harford counties and Baltimore City) and the Eastern Shore Service Area (Cecil, Kent, Queen Anne’s, Caroline, Talbot, Dorchester, Wicomico, Somerset, and Worcester counties). Additional Letters of Intent should be submitted to the MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215, and are due by the close of business, July 24, 2017.

Contact: Ruby Potter (410) 764-3276

[17-13-23]

 

MARYLAND HEALTH CARE COMMISSION/RURAL HEALTHCARE DELIVERY WORKGROUP

Subject: Public Meeting

Date and Time: July 25, 2017, 1 — 5 p.m.

Place: Chesapeake College, 100 College Cir., Rm. HEC 110, Wye Mills, MD

Contact: Erin Dorrien (410) 764-3284

[17-13-09]

 

MARYLAND DEPARTMENT OF TRANSPORTATION AVIATION ADMINISTRATION

Subject: Public Meeting

Date and Time: August 16, 2017, 6 p.m.; Additional Date: Wednesday, November 15, 2017, 6 p.m.

Place: 991 Corporate Blvd., Assembly Rm., Linthicum, MD

Add'l. Info: Senate Bill 276 established the Citizens Committee for the Enhancement of Communities Surrounding Baltimore/Washington International Thurgood Marshall (BWI) Airport. The intent of this legislation is to provide benefit to those citizens living in the communities impacted by the daily operations of BWI Airport, by allowing them the opportunity to apply for grants for transportation related projects. Typical projects include speed humps, streetscapes, bus shelters, and sidewalk repairs. These communities must be located within the most recently certified Airport Noise Zone or within 2 miles of the outermost noise contour. The Community Enhancement Committee (Committee) reviews and evaluates the grant applications from eligible communities to ensure that all grant requirements are met. The Maryland Department of Transportation Maryland Aviation Administration (MDOT MAA) and MDOT Legal Office represent the Department on the Committee. Representatives from the Maryland Department of Transportation State Highway Administration (MDOT SHA) and Maryland Department of Transportation Maryland Transit Administration (MDOT MTA) also provide comments and recommendations on projects associated with their agencies, as well as local government, before the recommendations are then forwarded to the MDOT Secretary for approval.

     The program funding comes from the Maryland Transportation Trust Fund and is budgeted through The Secretary’s Office. The yearly funding formula is equal to $1 for every aircraft take-off and landing at BWI Airport for the most recently available calendar year. The program is divided into four grant cycles with application deadlines the first of August, November, February, and May.

     Transportation Community Enhancement Grant (CEG) Committee Remaining 2017 Meeting Dates:

        Wednesday, August 16

        Wednesday, November 15

     Meetings begin at 6 p.m. in the Assembly Room at 991 Corporate Boulevard in Linthicum, Maryland unless otherwise noted. For additional information regarding CEG Committee meetings, please contact Kim Davidson at 410-859-7456.

Contact: Kim Davidson  (410) 859-7456

[17-13-10]

 

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND VETERANS COMMISSION

Subject: Public Meeting

Date and Time: July 18, 2017, 10:30 a.m. — 1 p.m.

Place: 3400 Bryan Point Rd., Accokeek, MD

Contact: Denise Nooe (410) 260-3840

[17-13-11]

 

BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS

Subject: Public Meeting

Date and Time: July 20, 2017, 10 a.m. — 12 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., Baltimore, MD

Contact: Christine Nagle (410) 537-3584

[17-13-02]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: June 28, 2017, 9 a.m. — 1 p.m.

Place: MDE, 1800 Washington Blvd., Baltimore, MD

Add'l. Info: A portion of this meeting may be held in closed session.

Contact: Elaine Nolen (410) 537-4466

[17-13-06]

 

WORKERS' COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: July 6, 2017, 9:30 — 11:30 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add'l. Info: Portions of this meeting may be held in closed session.

Contact: Amy S. Lackington (410) 864-5300

[17-13-04]