Capitol Building

Maryland Register


Issue Date: September 29, 2017

Volume 44 • Issue 20 • Pages 937-974

IN THIS ISSUE

Judiciary

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before September 11, 2017 5 p.m.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 September 11, 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 ......................................................................  940

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  941

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

09        Department of Labor, Licensing, and Regulation .......  945, 949

10        Maryland Department of Health .................................  945, 952

12        Department of Public Safety and Correctional Services .....  945

13A     State Board of Education ....................................................  946

14        Independent Agencies ........................................................  964

15        Department of Agriculture .................................  944, 948, 965

21        State Procurement Regulations ...........................................  946

22        State Retirement and Pension System ................................  946

26        Department of the Environment .........................................  947

31        Maryland Insurance Administration ...........................  947, 967

 

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 Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS .  943

 

Emergency Action on Regulations

15  DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Food Donation Pilot Program ..  944

 

Final Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

BOARD FOR PROFESSIONAL LAND SURVEYORS

Educational Equivalency Requirements .  945

10  MARYLAND DEPARTMENT OF HEALTH

BOARD OF PHARMACY

Pharmacy Permit Holder Requirements — Wholesale
   Distribution and Nonresident Pharmacy Operations .  945

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

POLICE TRAINING AND STANDARDS COMMISSION

General Regulations .  945

CORRECTIONAL TRAINING COMMISSION

General Regulations .  945

OFFICE OF THE SECRETARY

Inmate Welfare Fund .  946

13A STATE BOARD OF EDUCATION

SPECIAL INSTRUCTIONAL PROGRAMS

Provision of a Free Appropriate Public Education .  946

21  STATE PROCUREMENT REGULATIONS

ADMINISTRATIVE AND CIVIL REMEDIES

Maryland State Board of Contract Appeals — Procedures for
   Appealing Protests .  946

22  STATE RETIREMENT AND PENSION SYSTEM

MEMBERSHIP

Membership in the Employees' System or the Teachers'
   System — General  946

26  DEPARTMENT OF THE ENVIRONMENT

AIR QUALITY

Control of Emissions of Volatile Organic Compounds from
   Consumer Products .  947

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Fiduciary Responsibility of Insurance Producers: Premium
   Accounts Commingling of Funds .  947

 

Withdrawal of Regulations

15  DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Industrial Hemp .  948

 

Proposed Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

OFFICE OF THE SECRETARY

Public Information Act Requests .  949

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Disposable Medical Supplies and Durable Medical
   Equipment  952

General Medical Assistance Provider Participation
   Criteria .  953

DEVELOPMENTAL DISABILITIES

Fee Payment System for Licensed Residential and Day
   Programs .  954

Community Supported Living Arrangements Payment
   System ..  954

14  INDEPENDENT AGENCIES

OFFICE OF THE PUBLIC DEFENDER

Eligibility for Services .  964

15  DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Food Donation Pilot Program ..  965

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Bail Bonds .  967

 

Errata

COMAR 10.09.06 .  968

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

LAND AND MATERIALS ADMINISTRATION

Notice of Tentative Determination and Public
   Hearing ..............................................................................  969

OFFICE OF THE SECRETARY OF STATE

INTERNATIONAL AND INTERSTATE AGREEMENTS

Memorandum on Strengthening Strategic Cooperation
   Between the State of Maryland, USA, and Anhui
   Province, PRC ..  969

Memorandum of Understanding — Sister State
   Agreement Between the State of Maryland and
   Jeollanamdo Province .  970

 

General Notices

ADVISORY COUNCIL ON CEMETERY OPERATIONS

Public Meeting .  971

MARYLAND CYBERSECURITY COUNCIL

Public Meeting .  971

DEPARTMENT OF THE ENVIRONMENT/LAND AND
   MATERIALS ADMINISTRATION

Public Meeting .  971

FIRE PREVENTION COMMISSION

Public Meeting ..........................................................................  971

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Public Meeting .  971

Public Meeting .  971

MARYLAND DEPARTMENT OF HEALTH

Public Meeting .  971

Public Hearing .  971

HISTORIC ST. MARY'S CITY COMMISSION

Public Meeting .  971

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  972

Notice of Project Change .  972

Receipt of Application .  972

Formal Start of Review ..  972

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
   BOATING SERVICES

Public Notice — 2017 Commercial Horseshoe Crab Fishery
   Catch Limits — Effective September 18, 2017 .  972

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  972

RACING COMMISSION

Public Meeting .  973

COMMISSION OF REAL ESTATE APPRAISERS AND
   HOME INSPECTORS

Public Meeting .  973

BOARD OF WELL DRILLERS

Public Meeting .  973

WORKERS' COMPENSATION COMMISSION

Public Meeting .  973

 

 

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.

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.

 


09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.01.04.01—.17 • 44:20 Md. R. 949 (9-29-17)

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

09.03.12.01,.08 • 44:17 Md. R. 840 (8-18-17)

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

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)

09.23.06.02—.17 • 44:19 Md. R. 900 (9-15-17)

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)

 

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)

 

10.09.12.03—.05,.07 • 44:20 Md. R. 952 (9-29-17)

10.09.36.03 • 44:20 Md. R. 953 (9-29-17)

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

10.09.49.02,.04—.07,.09—.11 • 44:14 Md. R. 665 (7-7-17)

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

 

     Subtitles 10 — 22 (3rd Volume)

 

10.21.14.01—.04,.06,.10 • 44:16 Md. R. 810 (8-4-17)

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

10.22.17.06—.08 • 44:20 Md. R. 954 (9-29-17)

10.22.18.04 • 44:20 Md. R. 954 (9-29-17)

 

     Subtitles 23 — 36 (4th Volume)

 

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

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

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

10.32.02.17 • 44:16 Md. R. 811 (8-4-17)

 

     Subtitles 37—66 (5th Volume)

 

10.46.01.01,.02 • 44:14 Md. R. 669 (7-7-17)

10.46.04.02,.04,.07 • 44:14 Md. R. 669 (7-7-17)

10.46.07.01,.03—.06 • 44:14 Md. R. 669 (7-7-17)

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—.14 • 44:17 Md. R. 841 (8-18-17)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

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

 

     Subtitles 11—22 (MVA)

 

11.14.08.01,.03—.05,.09 • 44:18 Md. R. 868 (9-1-17)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.27.01—.40 • 44:19 Md. R. 902 (9-15-17)

12.03.01.01—.35 • 44:19 Md. R. 902 (9-15-17)

12.12.30.01—.40 • 44:19 Md. R. 902 (9-15-17)

12.16.02.01—.40 • 44:19 Md. R. 902 (9-15-17)

 

13A STATE BOARD OF EDUCATION

 

13A.04.16.01—.03 • 44:18 Md. R. 871 (9-1-17)

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)

 

14 INDEPENDENT AGENCIES

 

14.06.03.07 • 44:20 Md. R. 964 (9-29-17)

14.22.02.02 • 44:18 Md. R. 872 (9-1-17)

14.28.02.01—.14 • 44:18 Md. R. 879 (9-1-17)

14.28.07.01—.07 • 44:18 Md. R. 879 (9-1-17)

14.28.08.02—.14 • 44:15 Md. R. 767 (7-21-17)

14.36.01.03,.13 • 44:17 Md. R. 844 (8-18-17)

14.36.04.01,.04—.08 • 44:17 Md. R. 844 (8-18-17)

 

15 DEPARTMENT OF AGRICULTURE

 

15.01.12.01—.07 • 44:20 Md. R. 965 (9-29-17)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.11.03 • 44:16 Md. R. 812 (8-4-17)

 

19A STATE ETHICS COMMISSION

 

19A.01.01.02 • 44:16 Md. R. 812 (8-4-17)

19A.01.01.02 • 44:16 Md. R. 816 (8-4-17)

19A.03.04.01—.04 • 44:16 Md. R. 812 (8-4-17)

19A.04.01.02 • 44:16 Md. R. 816 (8-4-17)

19A.04.Appendix A • 44:16 Md. R. 812 (8-4-17)

19A.04.Appendix A • 44:16 Md. R. 816 (8-4-17)

19A.04.Appendix B • 44:16 Md. R. 812 (8-4-17)

19A.04.Appendix B • 44:16 Md. R. 816 (8-4-17)

19A.05.Appendix A • 44:16 Md. R. 812 (8-4-17)

19A.05.Appendix A • 44:16 Md. R. 816 (8-4-17)

19A.05.Appendix B • 44:16 Md. R. 812 (8-4-17)

19A.05.Appendix B • 44:16 Md. R. 816 (8-4-17)

19A.07.01.06 • 44:16 Md. R. 812 (8-4-17)

 

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)

26.11.02.01,.10 • 44:14 Md. R. 685 (7-7-17)

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

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

26.11.36.01—.04 • 44:14 Md. R. 685 (7-7-17)

 

     Subtitles 19—27 (Part 4)

 

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

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.02.02,.03 • 44:17 Md. R. 845 (8-18-17)

31.03.05.09,.15 • 44:20 Md. R. 967 (9-29-17)

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

31.08.14.03 • 44:18 Md. R. 880 (9-1-17)

31.08.15.06 • 44:17 Md. R. 846 (8-18-17)

31.08.18.01—.03 • 44:18 Md. R. 880 (9-1-17)

31.10.44.01—.09 • 44:15 Md. R. 776 (7-21-17)

31.15.10.04 • 44:18 Md. R. 880 (9-1-17)

 

33 STATE BOARD OF ELECTIONS

 

33.16.02.01 • 44:19 Md. R. 930 (9-15-17)

33.16.04.02 • 44:19 Md. R. 930 (9-15-17)

33.16.05.03,.04 • 44:19 Md. R. 930 (9-15-17)

33.16.06.04 • 44:19 Md. R. 930 (9-15-17)

33.16.07.03 • 44:19 Md. R. 930 (9-15-17)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.01.02,.03 • 44:17 Md. R. 847 (8-18-17)

36.03.03.07 • 44:17 Md. R. 847 (8-18-17)

36.03.10.02,.11,.19,.20,.24,.27,.28,.38,.41,.42,
     .51
• 44:17 Md. R. 847 (8-18-17)

36.04.01.20,.31 • 44:17 Md. R. 847 (8-18-17)

36.05.02.16 • 44:17 Md. R. 847 (8-18-17)

36.05.03.03 • 44:17 Md. R. 847 (8-18-17)

 


The Judiciary
COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by a Per Curiam Order of the Court of Appeals dated September 7, 2017, LANCE BUTLER III, 2022 Trenton Place, SE, Washington, DC 20020, has been disbarred, effective immediately, from the further practice of law in the 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 a Per Curiam Order of the Court of Appeals dated September 11, 2017, LOUISA CONTENT MCLAUGHLIN, McLaughlin Law Group, P.O. Box 237, Bel Air, Maryland 21014, has been disbarred, effective immediately, from the further practice of law in the State, and her 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 a Per Curiam Order of the Court of Appeals dated September 12, 2017, MAURICE MARNEA MOODY, 6500 Harford Road, Suite A, Baltimore, Maryland 21214, has been disbarred, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[17-20-21]

 

 


Emergency Action on Regulations

Symbol Key

   Roman type indicates text existing before emergency status was granted.

   Italic type indicates new text.

   [Single brackets] indicate deleted text.

 

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative, Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions, including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends. When emergency status expires, the text of the regulations reverts to its original language.

 


Title 15
DEPARTMENT OF AGRICULTURE

Subtitle 01 OFFICE OF THE SECRETARY

15.01.12 Food Donation Pilot Program

Authority: Tax-General Article, §10-741, Annotated Code of Maryland

Notice of Emergency Action

[17-238-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to new Regulations .01—.07 under COMAR 15.01.12 Food Donation Pilot Program.

Emergency status began: September 8, 2017.

Emergency status expires: January 3, 2018.

 

     Editor’s Note:  The text of this document will not be printed here because it appears as a Notice of Proposed Action on pages 965—966 of this issue, referenced as [17-238-P]. 

JOSEPH BARTENFELDER
Secretary of Agriculture

 

 


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 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

09.13.07 Educational Equivalency Requirements

Authority: Business Occupations and Professions Article, §15-305, Annotated Code of Maryland

Notice of Final Action

[17-110-F]

On August 2, 2017, the Board for Professional Land Surveyors adopted amendments to Regulation .02 under COMAR 09.13.07 Educational Equivalency Requirements. This action, which was proposed for adoption in 44:8 Md. R. 411—412 (April 14, 2017), has been adopted as proposed.

Effective Date: October 9, 2017.

STEVE LONG
Executive Director

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 34 BOARD OF PHARMACY

10.34.37 Pharmacy Permit Holder Requirements — Wholesale Distribution and Nonresident Pharmacy Operations

Authority: Health-Occupations Article, §§12-205, 12-403, and 12-406, Annotated Code of Maryland

Notice of Final Action

[17-177-F]

On September 14, 2017, the Secretary of Health adopted amendments to Regulation .01 and new Regulation .04 under COMAR 10.34.37 Pharmacy Permit Holder Requirements — Wholesale Distribution and Nonresident Pharmacy Operations. This action, which was proposed for adoption in 44:14 Md. R. 668—669 (July 7, 2017), has been adopted as proposed.

Effective Date: October 9, 2017.

DENNIS SCHRADER
Secretary of Health

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.01 General Regulations

Authority: Correctional Services Article, §2-109; Public Safety Article,
§3-208; Annotated Code of Maryland

Notice of Final Action

[17-171-F]

On August 22, 2017, the Secretary of Public Safety and Correctional Services adopted amendments to Regulations .17 under COMAR 12.04.01 General Regulations. This action, which was proposed for adoption in 44:14 Md. R. 673—674 (July 7, 2017), has been adopted as proposed.

Effective Date: October 9, 2017.

STEPHEN T. MOYER
Secretary of Public Safety and Correctional Services

 

Subtitle 10 CORRECTIONAL TRAINING COMMISSION

12.10.01 General Regulations

Authority: Correctional Services Article, §2-109; Public Safety Article,
§3-207;
Annotated Code of Maryland

Notice of Final Action

[17-180-F]

On August 22, 2017, the Secretary of Public Safety and Correctional Services adopted amendments to Regulations .01, .03, .04, and .09 under COMAR 12.10.01 General Regulations. This action, which was proposed for adoption in 44:14 Md. R. 674—675 (July 7, 2017), has been adopted as proposed.

Effective Date: October 9, 2017.

STEPHEN T. MOYER
Secretary 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 Final Action

[17-165-F]

On August 9, 2017, the Secretary of Public Safety and Correctional Services adopted amendments to Regulations .02 — .04 under COMAR 12.11.09 Inmate Welfare Fund. This action, which was proposed for adoption in 44:13 Md. R. 631—632 (June 23, 2017), has been adopted as proposed.

Effective Date: October 9, 2017.

STEPHEN T. MOYER
Secretary of Public Safety and Correctional Services

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS

13A.05.01 Provision of a Free Appropriate Public Education

Authority: Education Article, §§2-205, 7-305, 8-301—8-307, 8-3A-01—8-3A-08, and 8-401—8-416; Human Services Article, §§8-401—8-409; Labor and Employment Article, §§11-801 and 11-901 et seq.; State Government Article §9-1607.1; Annotated Code of Maryland
Federal Statutory Reference: 20 U.S.C. §§1411—1416; Federal Regulatory References: 34 CFR 99, 300, and 301

Notice of Final Action

[17-191-F]

On September 19, 2017, the Maryland State Board of Education adopted amendments to Regulation .08 under COMAR 13A.05.01 Provision of a Free Appropriate Public Education. This action, which was proposed for adoption in 44:15 Md. R. 766—767 (July 21, 2017), has been adopted as proposed.

Effective Date: October 9, 2017.

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

 

Title 21
STATE PROCUREMENT REGULATIONS

Subtitle 10 ADMINISTRATIVE AND CIVIL REMEDIES

21.10.07 Maryland State Board of Contract Appeals — Procedures for Appealing Protests

Authority: State Finance and Procurement Article, §§12-101 and 15-201 — 15-223, Annotated Code of Maryland

Notice of Final Action

[17-200-F]

On September 21, 2017, the Maryland State Board of Contract Appeals adopted amendments to Regulation .03 under COMAR 21.10.07 Maryland State Board of Contract Appeals — Procedures for Appealing Protests. This action, which was proposed for adoption in 44:16 Md. R. 818—819 (August 4, 2017), has been adopted as proposed.

Effective Date: October 9, 2017.

BETHAMY N. BEAM
Chairman

 

Title 22
STATE RETIREMENT AND PENSION SYSTEM

Subtitle 04 MEMBERSHIP

22.04.02 Membership in the Employees' System or the Teachers' System — General

Authority: State Personnel and Pensions Article, §§21-108, 21-110, 22-207, 23-205, and 23-209, Annotated Code of Maryland

Notice of Final Action

[17-210-F]

On September 19, 2017, the Board of Trustees for the State Retirement and Pension System adopted amendments to Regulation .04 under COMAR 22.04.02 Membership in the Employees' System or the Teachers' System — General. This action, which was proposed for adoption in 44:16 Md. R. 819 (August 4, 2017), has been adopted as proposed.

Effective Date: October 9, 2017.

R. DEAN KENDERDINE
Executive Director

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY

26.11.32 Control of Emissions of Volatile Organic Compounds from Consumer Products

Authority: Environment Article, §§1-101, 1-404, 2-101, 2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland

Notice of Final Action

[17-143-F-I]

On September 18, 2017, the Secretary of the Environment adopted amendments to Regulations .01 — .05, .06, .08, .12, .14, and .16 and new Regulation .05-1 under COMAR 26.11.32 Control of Emissions of Volatile Organic Compounds from Consumer Products. This action, which was proposed for adoption in 44:11 Md. R. 543 — 557 (May 26, 2017), has been adopted as proposed.

Effective Date: October 9, 2017.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS

31.03.03 Fiduciary Responsibility of Insurance Producers: Premium Accounts Commingling of Funds

Authority: Insurance Article, §§2-109 and 10-126, Annotated Code of Maryland

Notice of Final Action

[17-112-F]

On September 7, 2017, the Insurance Commissioner adopted new Regulation .01, amendments to and the recodification of existing Regulations .01—.03 to be Regulations .02—.04, and the repeal of existing Regulation .04 under COMAR 31.03.03 Fiduciary Responsibility of Insurance Producers: Premium Accounts Commingling of Funds. This action, which was proposed for adoption in 44:8 Md. R. 415—416 (April 14, 2017), has been adopted with the nonsubstantive changes shown below.

Effective Date: January 1, 2018.

Attorney General's Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Regulation .02B(2)(b): A cross reference, "Regulation .04 of this chapter", was added to demonstrate that Regulation .04 is a prohibition on when an insurance producer may commingle premiums funds. The prohibition was already included in the body of the Regulations, so the addition of the cross reference in Regulation .02 is a technical clarification.

.02 General Requirements.

A. (proposed text unchanged)

B. Commingling of Premium.

(1) (proposed text unchanged)

(2) An insurance producer acting as such in this State may:

(a) (proposed text unchanged)

(b) Unless prohibited by the carrier, or by Regulation .04 of this chapter, commingle a single carrier’s premium with the premium of one or more other carriers into one or more premium accounts.

C. (proposed text unchanged)

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

ALFRED W. REDMER, JR.
Insurance Commissioner

 


Withdrawal of Regulations 

Title 15
DEPARTMENT OF AGRICULTURE

Subtitle 01 OFFICE OF THE SECRETARY

15.01.11 Industrial Hemp

Authority: Agriculture Article, §14-102(c), Annotated Code of Maryland

Notice of Withdrawal

[17-192-W]

The Secretary of Agriculture withdraws the proposal to adopt new Regulations .01—.10 under a new chapter, COMAR 15.01.11 Industrial Hemp Regulations, as published in 44:15 Md. R. 773—775 (July 21, 2017).

JOSEPH BARTENFELDER
Secretary of Agriculture

 

 


Proposed Action on Regulations

 


 



Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 01 OFFICE OF THE SECRETARY

09.01.04 Public Information Act Requests

Authority: Business Regulation Article, §2-105; General Provisions Article, Title 4; Annotated Code of Maryland

Notice of Proposed Action

[17-239-P]

The Secretary of Labor, Licensing and Regulation proposes to amend Regulations .01, .02, and .04, repeal existing Regulations .05—.07, .15, and .16, amend and recodify existing Regulations .08—.12, .13, .14, and .17 to be .05—.09, .11, .12, and .13, respectively, and adopt new Regulation .10 under COMAR 09.01.04 Public Information Act Requests.

Statement of Purpose

The purpose of this action is to update the Office of the Secretary's regulations governing Public Information Act Requests.

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 Milena Trust, Office of the Attorney General, DLLR, 500 N. Calvert Street, Baltimore, MD 21201, or call 410-230-6139, or email to milena.trust@maryland.gov, or fax to 410-333-6503. Comments will be accepted through October 30, 2017. A public hearing has not been scheduled.

.01 General.

A. These regulations set out procedures for filing requests with the Department of Labor, Licensing, and Regulation (the Department) for the inspection and copying of records under [Access to Public Records, State Government Article, Title 10, Subtitle 6, Part III,] the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.

B. It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information.

.02 Definitions.

A. ["Act" means the Public Information Act, State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland.

B. "Applicant" means a person requesting disclosure of public records.] Unless otherwise noted, the definitions set forth in General Provisions Article, Title 4, Annotated Code of Maryland, apply in this chapter.

[C.] B. "Custodian" means [an authorized person] the Secretary of the Department or the Secretary’s designee employed by the Department [having] who has personal custody and control of public records of the Department.

[D. "Department" means the Department of Labor, Licensing and Regulation

E. "MPIA officer" means the person assigned to each major component of the Department responsible for monitoring and processing MPIA requests submitted to his or her agency.

F. "Official Custodian" means the person who is responsible for the maintenance, care, and keeping of the public records of the Department. Unless otherwise provided by law, the Secretary is the official custodian of the Department's records.

G. "Public records" means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics. Public records includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department.]

C. ”PIA Coordinator” means the Department employee who is responsible for accepting, monitoring, and, with advice from the Department’s legal staff, processing of requests for public records.

D. “Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, to address disputes under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.

[H.] E. (text unchanged)

[I.] F. "Working day" means a day other than Saturday, Sunday, [or] a State holiday, or a day of State emergency closure.

[J.] G. "Written documents" means all books, papers, copies of electronic communications, maps, photographs, cards, tapes, computer disks, flash drives, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.

.04 [Necessity for Written] Request to Inspect a Public Record.

[A. Inspections.

(1) Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.

(2) The custodian shall require a written request if the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request.

B. Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant.]

A. Necessity for Written Request. Except as otherwise provided in General Provisions Article, Title 4, Annotated Code of Maryland, the custodian shall require a written request via regular or electronic means from a person or governmental unit that wishes to inspect a public record.

B. Contents of Written Request. A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought.

C. Addressee. A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary.

[.08] .05 Response to Written Request.

A. Decision to Grant a Request.

(1) If the custodian decides to grant a written request for inspection, [he] the custodian shall [produce] be responsible for producing the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date [of] the request [when that period of time is needed to retrieve the information] was received.

(2) If the custodian reasonably believes that it will take more than ten (10) working days to produce the public record, the custodian shall indicate in writing via regular or electronic mail within 10 working days after receipt of the request:

(a) The amount of time the custodian anticipates it will take to produce the public record;

(b) An estimate of the range of fees that may be charged to comply with the request for public records; and

(c) The reason why it will take more than 10 working days to produce the public records.

B. Decision to Deny a Request.

(1) If the custodian decides to deny the written request, [he] the custodian shall do so within 30 days [of] after receipt of the written request and shall immediately [upon deciding to deny the request,] notify the applicant of the denial [, and the reason for it].

(2) If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that provides the following information:

(a) The reason for the denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of:

(i) Why the denial is necessary; and

(ii) Why the harm from disclosure of the public record would be greater than the public interest in providing access to the information in the public record such that disclosure of the public record would be contrary to the public interest;

(b) The legal authority for the denial;

(c) Without disclosing the protected information, a brief description of the undisclosed records that will enable the applicant to assess the applicability of the legal authority for the denial; and

(d) Notice of the remedies available for review of the denial.

C. Records Not in Custody or Control.

(1) If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, notify the applicant that the person does not have custody or control of the requested public record.

(2) If that person knows the name of the custodian of the public record or the location or possible location of the record, this information shall also be given to the applicant.

D. [With the consent of the applicant, any time limit imposed by §§A—C may be extended for an additional period not to exceed 30 days] Extension of Time. Any time limit imposed under this regulation may be extended either with the consent of the applicant for an additional period not to exceed 30 days, or if the applicant seeks resolution of a dispute under General Provisions Article, §4-1B-04, Annotated Code of Maryland, before the Public Access Ombudsman.

[.09] .06 [Records Temporarily Unavailable] Electronic Records.

[If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, notify the applicant and set a date and hour within a reasonable time for inspection or copying.] 

A. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:

(1) The public record is in a searchable and analyzable electronic format;

(2) The applicant requests a copy of the public record in a searchable and analyzable electronic format; and

(3) The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that may not be disclosed under the Act.

B. The custodian shall provide a portion of the public record in a searchable and analyzable electronic format if:

(1) Requested by the applicant; and

(2) The custodian is able to do so by using the existing functions of the database or software program that contains the searchable and analyzable data.

C. The custodian is not required to:

(1) Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format; or

(2) Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained.

D. The custodian may remove metadata from an electronic document before providing the electronic record to an applicant by:

(1) Using a software program or function; and

(2) Converting the electronic record into a different searchable and analyzable format.   

[.10] .07 Public Records Destroyed or Lost.

If the custodian is aware that a requested public record of the Department has been destroyed or lost, the custodian [to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced] shall within a reasonable time notify the applicant that the public record is not available and explain the reasons why the public record cannot be produced.

[.11] .08 Review of the Denial.

A. If [a written request is denied by the custodian for a reason other than that stated in Regulations .09 or .10, above,] the custodian denies a request to inspect or copy a public record of the Department, the applicant may[, within 30 days after receipt of the notice of the denial, request an administrative hearing] file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §§B and C of this regulation.

B. [If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department.] If the custodian charges a fee of more than $350 under Regulation .12 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written complaint with the Board under General Provisions Article, §4-1A-05(a), Annotated Code of Maryland.

C. [If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, § 10-623, Annotated Code of Maryland.] The applicant and the custodian may contact the Public Access Ombudsman to resolve, under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, a dispute relating to a request for public records.

[D. If the applicant chooses not to request a hearing under § A, above, the applicant may file an action for judicial enforcement under State Government Article, § 10-623, Annotated Code of Maryland, without exhausting that administrative remedy.]

[.12] .09 Disclosure Against Public Interest.

A. Denial Pending Court Order.

(1) If, in the opinion of the Secretary, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request and seek a court order allowing continued nondisclosure.

(2) A temporary denial shall be in writing [and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure].

B. Circuit Court Review.

(1) Within 10 working days after the denial, the Secretary shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access.

(2) Notice of the Secretary’s complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules.

.10 Time and Place of Inspection.

A. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.

B. The place of inspection shall be the place where the public record is located, unless the custodian, after taking into account the applicant’s expressed preferences, determines that another place of inspection is more suitable and convenient. 

[.13] .11 Inspection of Occupational and Professional Licensing Data for Compelling Public Purpose.

A. A compelling public purpose shall be deemed to exist under [State Government Article, §10-617(h)(3),] General Provisions Article, §4-333, Annotated Code of Maryland, and the custodian of occupational and professional licensing records within the Department may permit the right of inspection of occupational and professional licensing data on individual persons other than that data specified under [State Government Article, §10-617(h)(2),] General Provisions Article, §4-333, Annotated Code of Maryland, as set forth in this regulation.

B. — D. (text unchanged)

[.14] .12 Fees.

A. The fee schedule for copying and certifying copies of records is as follows:

(1) Copies. [The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies will be based on the actual cost of reproduction.]

(a) The fee for each copy made is 25 cents per page if reproduction is made by a standard printer or photocopying or scanning machine within the Department;

(b) The fee for each copy made otherwise shall be based on the actual cost of reproduction.

(2) Certification of Copies. If a person requests that a copy of a public record be certified as a true copy, an additional fee of $1 per page (or, if appropriate, per item) shall be charged.

(3) Minimum Fee Charged. A charge will not be made if the total amount of the fee would be [$1] $5 or less.

B. Notwithstanding §A[above] of this regulation, if the fees for copies, print-outs, photographs, or certified copies of any public record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged.

C. If the custodian is unable to copy a public record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.

D. Before copying a record, the custodian shall estimate the cost of reproduction, including any search and preparation fees, and either obtain the agreement of the applicant to pay the cost or [demand] require prepayment of any estimated fee before reproducing the record.

E. Search and Preparation Fees.

(1) Except as provided in [§F, below] §E(2) of this regulation, the official custodian may charge reasonable fees for [official or employee] time expended fulfilling the following tasks:

(a) [searching] Searching for requested public records[ or for any time expended preparing records for inspection and copying.];

(b) Reviewing requested public records for potential disclosure; and

(c) Preparing public records for inspection and copying.

[F.] (2) The official custodian may not charge any search or preparation fee for the first 2 hours of [official or employee] time that is needed to respond to a request [for information] to copy or inspect a public record.

[G.] F. [Upon request, the] Waiver or Reduction of Fee.

(1) The official custodian may waive or reduce any fee charged pursuant to this regulation if:

[the custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.]

(a) The applicant requests a waiver; and

(b) The custodian determines that the waiver or reduction is in the public interest or if the applicant is indigent and files an affidavit verifying the facts support a claim of indigency.

(2) In determining whether a fee is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.

[H.] G. If the applicant requests that copies of a public record be mailed or delivered to the applicant or a third party, the custodian may charge the applicant for the cost of postage or delivery [to the applicant].

[.17] .13 Sociological Information.

A. Definition. For purposes of this regulation and as provided for under General Provisions Article, §4-330, Annotated Code of Maryland, "sociological information" means any of the following information requested from the Department:

(1) — (5) (text unchanged)

B. Nondisclosure. [The] Unless otherwise prohibited from disclosure under applicable state or federal laws, the Department may not disclose sociological information to a requester, except that sociological information may be disclosed:

(1) (text unchanged)

(2) [To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation;

(3)] When required by a duly issued subpoena; or

[(4)] (3) (text unchanged)

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.12 Disposable Medical Supplies and Durable Medical Equipment

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

Notice of Proposed Action

[17-243-P]

The Secretary of Health proposes to amend Regulations .03—.05 and .07 under COMAR 10.09.12 Disposable Medical Supplies and Durable Medical Equipment.

Statement of Purpose

The purpose of this action is to:

(1) Update participation criteria for DMS/DME providers to require Medicare approval status, based on CMS guidance;

(2) Remove corrective shoes as an item not covered under this chapter; and

(3) Require that the ordering provider be enrolled in the Maryland Medical Assistance Program and be identified on the invoice.

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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through October 30, 2017. A public hearing has not been scheduled.

.03 Conditions for Participation.

To participate in the Program, the provider:

A. Effective January 1, 2018, shall be in an approved status with Medicare;

[A.] B. [Shall] Effective April 1, 2012 through December 31, 2017, shall, unless exempt from Medicare accreditation requirements:

(1) (text unchanged)

(2) [Effective November 1, 2011, provide] Provide documentation of:

(a)—(b) (text unchanged)

(3) [Effective April 1, 2012, be] Be accredited or terminated from the Program;

[B.] C. (text unchanged)

[C. If located more than 25 miles from the border of Maryland, shall provide to the Program documentation demonstrating that the enrollment and screening requirements of 42 CFR Part 455, Subpart E, have been performed within the 12 months preceding the application for initial enrollment or revalidation of enrollment by:

(1) A Medicare contractor; or    

(2) The Medicaid agency or the Children’s Health Insurance Program of another state;]

D.—I. (text unchanged)

.04 Covered Services.

A. The following medically necessary items are covered when ordered by [a prescriber] an individual who is enrolled as a provider in the Program on the date of service:

(1)—(9) (text unchanged)

B.—F. (text unchanged)

.05 Limitations.

The Program does not cover:

A.—C. (text unchanged)

D. The following durable medical equipment:

(1)—(4) (text unchanged)

[(5) Corrective shoes;]

[(6)] (5)[(20)] (19) (text unchanged)

E.—L. (text unchanged)

M. Rental of equipment for any period longer than 90 days without renewed documentation of continued medical need from the prescriber for each 90-day period; [and]

N. Modifications to motor vehicles[.];

O. Disposable medical supplies and durable medical equipment ordered by an individual who is not enrolled as a provider in the Program on the date of service; and

P. Disposable medical supplies and durable medical equipment ordered by an entity, facility, or other provider that is not an individual.

.07 Payment Procedures.

A.—Y. (text unchanged)

Z. The disposable medical supplies or durable medical equipment provider shall identify the individual who ordered the disposable medical supplies and durable medical equipment by recording the individual practitioner’s National Provider Identifier (NPI) number on the claim.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.36 General Medical Assistance Provider Participation Criteria

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

Notice of Proposed Action

[17-242-P]

The Secretary of Health proposes to amend Regulation .03 under COMAR 10.09.36 General Medical Assistance Provider Participation Criteria.

Statement of Purpose

The purpose of this action is to clarify that providers may not seek payment from multiple State agencies for the same service and that providers shall comply with all standards of practice, professional standards and levels of service as set forth in all applicable federal and State laws, statues, rules, and regulations, as well as all administrative policies, procedures, transmittals, and guidelines issues by the Department. Finally, this proposal updates references to hospital services chapters.

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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through October 30, 2017. A public hearing has not been scheduled.

.03 Conditions for Participation.

A. To participate in the Program, the provider shall [comply with the following criteria]:

(1)—(6) (text unchanged)

(7) Comply with all standards of practice, professional standards and levels of service as set forth in all applicable federal and State laws, statues, rules, and regulations as well as all administrative policies, procedures, transmittals, and guidelines issued by the Department;

[(7)] (8)[(20)] (21) (text unchanged)

B. A provider may not seek payment from more than one State agency for the same service.

[B.] C.[D.] E. (text unchanged)

[E.] F. The following types of providers shall comply with the requirements of 42 CFR Part 489, Subpart I, Advance Directives:

(1) [Hospitals] Acute hospitals under COMAR [10.09.06 and 10.09.34] 10.09.92;

(2) Chronic hospitals under COMAR 10.09.93;

(3) Special pediatric hospitals under COMAR 10.09.94;

(4) Special psychiatric hospitals under COMAR 10.09.95;

[(2)] (5)[(6)] (9) (text unchanged)

DENNIS SCHRADER
Secretary of Health

 

Subtitle 22 DEVELOPMENTAL DISABILITIES

Notice of Proposed Action

[17-241-P]

The Secretary of Health proposes to amend:

(1) Regulations .06—.08 under COMAR 10.22.17 Fee Payment System for Licensed Residential and Day Programs; and

(2) Regulation .04 under COMAR 10.22.18 Community Supported Living Arrangements Payment System.

Statement of Purpose

The purpose of this action is to establish in COMAR the FY18 reimbursement rates for Licensed Residential and Day Programs and Personal Support services as part of Community Supported Living Arrangements (CSLA) services.

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 increases the rate paid to providers.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$36,288,004

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$36,288,004

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. A 3.5 percent increase in rates will cause the expenditures of the Developmental Disabilities Administration (DDA) for community services to increase by an estimated $38,288,004 in total funds. The total general funds impact of these changes is $19,847,939.

D. Regulated provider agencies will benefit from increases to rates by an estimated $36,288,004 in total funds ($19,847,939 in general funds).

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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through October 30, 2017. A public hearing has not been scheduled.

 

10.22.17 Fee Payment System for Licensed Residential and Day Programs

Authority: Health-General Article, §§2-104(b), 7-306.1, 7-910(c), 15-105, 15-107, and 16-201, Annotated Code of Maryland

.06 Determination of Individual Component.

A.—F. (text unchanged)

[G.] (proposed for repeal)

G. Table of Individual Components Effective July 1, 2017.

(1) Residential Programs.

Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.54

$36.76

$62.68

$101.53

$145.58

2

$22.46

$38.70

$64.62

$103.46

$147.50

3

$25.57

$41.80

$67.69

$106.56

$150.59

4

$29.76

$45.99

$71.88

$110.75

$154.78

5

$33.44

$49.67

$75.59

$114.44

$158.47

Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.16

$39.66

$67.63

$109.54

$157.07

2

$24.23

$41.75

$69.72

$111.62

$159.14

3

$27.59

$45.10

$73.03

$114.97

$162.47

4

$32.11

$49.62

$77.55

$119.49

$166.99

5

$36.08

$55.59

$81.55

$123.47

$170.97

Region 3 — Rural (St. Mary's, Caroline, Garrett, Dorchester Kent, Somerset, Talbot, Wicomico, Worcester)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.54

$36.76

$62.68

$101.53

$145.58

2

$22.46

$38.70

$64.62

$103.46

$147.50

3

$25.57

$41.80

$67.69

$106.56

$150.59

4

$29.76

$45.99

$71.88

$110.75

$154.78

5

$33.44

$49.67

$75.59

$114.44

$158.47

Region 4 — Pittsburgh Metro (Allegany)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.54

$36.76

$62.68

$101.53

$145.58

2

$22.46

$38.70

$64.62

$103.46

$147.50

3

$25.57

$41.80

$67.69

$106.56

$150.59

4

$29.76

$45.99

$71.88

$110.75

$154.78

5

$33.34

$49.67

$75.59

$114.44

$158.47

 

Region 5 — Wilmington Metro (Cecil)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$21.83

$39.67

$66.62

$107.92

$154.74

2

$23.87

$41.13

$68.38

$109.97

$156.78

3

$27.18

$44.43

$71.95

$113.26

$160.06

4

$31.63

$48.88

$76.40

$117.72

$164.52

5

$35.54

$52.79

$80.34

$121.64

$168.44

 

Region 6 — Hagerstown Metro (Washington)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.54

$36.76

$62.68

$101.53

$145.58

2

$22.46

$38.70

$64.62

$103.46

$147.50

3

$25.57

$41.80

$67.69

$106.56

$150.59

4

$29.76

$45.99

$71.88

$110.75

$154.78

5

$33.44

$49.67

$75.59

$114.44

$158.47

(2) Day Programs.

Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.64

$27.04

$35.61

$44.44

$61.86

2

$24.98

$29.38

$37.99

$46.81

$64.24

3

$28.80

$33.22

$41.80

$50.62

$68.04

4

$33.96

$38.34

$46.93

$55.78

$73.19

5

$38.50

$42.88

$51.46

$60.30

$77.71

Region 3 — Rural (St. Mary's, Caroline, Garrett, Dorchester Kent, Somerset, Talbot, Wicomico, Worcester)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

 

Region 4 — Pittsburgh Metro (Allegany)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

 

Region 5 — Wilmington Metro (Cecil)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.30

$26.64

$35.09

$43.78

$60.95

2

$24.61

$28.94

$37.42

$46.12

$63.29

3

$28.37

$32.73

$41.18

$49.87

$67.03

4

$33.46

$37.78

$46.24

$54.95

$72.11

5

$37.92

$42.24

$50.70

$59.41

$76.56

Region 6 — Hagerstown Metro (Washington)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

(3) Supported Employment Programs.  

Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.64

$27.04

$35.61

$44.44

$61.86

2

$24.98

$29.38

$37.99

$46.81

$64.24

3

$28.80

$33.22

$41.80

$50.62

$68.04

4

$33.96

$38.34

$46.93

$55.78

$73.19

5

$38.50

$42.88

$51.46

$60.30

$77.71

Region 3 — Rural (St. Mary's, Caroline, Garrett, Dorchester Kent, Somerset, Talbot, Wicomico, Worcester)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.34

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

 

Region 4 — Pittsburgh Metro (Allegany)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

 

Region 5 — Wilmington Metro (Cecil)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.30

$26.64

$35.09

$43.78

$60.95

2

$24.61

$28.94

$37.42

$46.12

$63.29

3

$28.37

$32.73

$41.18

$49.87

$67.03

4

$33.46

$37.78

$46.24

$54.95

$72.11

5

$37.92

$42.24

$50.70

$59.41

$76.56

 

Region 6 — Hagerstown Metro (Washington)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.34

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.40

$55.89

$72.03

(4) Community Learning Services.

Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$58.89

$72.03

Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.64

$27.04

$35.61

$44.44

$61.86

2

$24.98

$29.38

$37.99

$46.81

$64.24

3

$28.80

$33.22

$41.80

$50.62

$68.04

4

$33.96

$38.34

$46.93

$55.78

$73.19

5

$38.50

$42.88

$51.46

$60.30

$77.71

Region 3 — Rural (St. Mary's, Caroline, Garrett, Dorchester Kent, Somerset, Talbot, Wicomico, Worcester)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

 

Region 4 — Pittsburgh Metro (Allegany)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

 

Region 5 — Wilmington Metro (Cecil)

Health/Medical

      Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.30

$26.64

$35.09

$43.78

$60.95

2

$24.61

$28.94

$37.42

$46.12

$63.29

3

$28.37

$32.73

$41.18

$49.87

$67.03

4

$33.46

$37.78

$46.24

$54.95

$72.11

5

$37.92

$42.24

$50.70

$59.41

$76.56

 

Region 6 — Hagerstown Metro (Washington)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

(5) Employment Discovery and Customization

Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$22.64

$27.04

$35.61

$44.44

$61.86

2

$24.98

$29.38

$37.99

$46.81

$64.24

3

$28.80

$33.22

$41.80

$50.62

$68.04

4

$33.96

$38.34

$46.93

$55.78

$73.19

5

$38.50

$42.88

$51.46

$60.30

$77.71

Region 3 — Rural (St. Mary's, Caroline, Garrett, Dorchester Kent, Somerset, Talbot, Wicomico, Worcester)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

 

Region 4 — Pittsburgh Metro (Allegany)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

 

Region 5 — Wilmington Metro (Cecil)

 

Health/Medical

Level

 

Supervision/Assistance Level

1

2

3

4

5

1

$22.30

$26.64

$35.09

$43.78

$60.95

2

$24.61

$28.94

$37.42

$46.12

$63.29

3

$28.37

$32.73

$41.18

$49.87

$67.03

4

$33.46

$37.78

$46.24

$54.95

$72.11

5

$37.92

$42.24

$50.70

$59.41

$76.56

 

Region 6 — Hagerstown Metro (Washington)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1

$20.98

$25.06

$33.01

$41.19

$57.34

2

$23.15

$27.23

$35.21

$43.39

$59.54

3

$26.69

$30.79

$38.74

$46.92

$63.06

4

$31.48

$35.54

$43.50

$51.70

$67.84

5

$35.68

$39.74

$47.70

$55.89

$72.03

 


.07 Provider Components.

Effective July 1, [2016] 2017, the provider components for all regions are as follows:

A. The residential program provider component is [$63.95] $66.19; and

B. The day habilitation, vocational, supported employment, community learning services, and employment discovery and customization program provider component is [$35.41] $36.65.

.08 Add-On Component.

A.—I. (text unchanged)

J. Reimbursement for Add-On Components.

(1) (text unchanged)

(2) Effective July 1, [2016] 2017, the amount per unit of service for residential programs is as follows:

(a) In Baltimore City and Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Dorchester, Garrett, Harford, Howard, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester counties — [$19.11] $19.78;

(b) In Cecil County — [$20.12] $20.82; and

(c) In Calvert, Charles, Frederick, Montgomery, and Prince George's counties — [$20.37] $21.09.

(3) Effective July 1 [2016] 2017, the amount per unit of service for day habilitation and community learning services is as follows:

(a) In Baltimore City and Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Dorchester, Garrett, Harford, Howard, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester counties — [$21.36] $22.11;

(b) In Cecil County — [$22.37] $23.16; and

(c) In Calvert, Charles, Frederick, Montgomery, and Prince George's counties — [$22.63] $23.43.

(4) Effective July 1 [2016] 2017, the amount per unit of service for supported employment and employment discovery and customization is as follows:

(a) In Baltimore City and Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Dorchester, Garrett, Harford, Howard, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester counties — [$21.32] $22.11;

(b) In Cecil County — [$22.37] $23.16; and

(c) In Calvert, Charles, Frederick, Montgomery, and Prince George's counties — [$22.63] $23.43.

(5) Effective July 1 [2016] 2017, the amount per unit of service per individual for professional services is as follows:

(a) In Baltimore City and Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Dorchester, Garrett, Harford, Howard, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester counties — [$31.51] $32.61;

(b) In Cecil County — [$33.28] $34.44; and

(c) In Calvert, Charles, Frederick, Montgomery, and Prince George's counties — [$33.73] $34.90.

 


 

10.22.18 Community Supported Living Arrangements Payment System

Authority: Health-General Article, §§2-104(b), 7-306.1, 7-307, 15-105, and 5-107, Annotated Code of Maryland

.04 Rates.

A.—H. (text unchanged)

[I.]—[K.] (proposed for repeal)

I. Fiscal Year 2018 Tables for CSLA’s Personal Supports Hourly Rates. 

(1) State Fiscal Year 2018 CSLA’s Personal Supports Rates: Table for One Individual in a Dwelling Receiving CSLA Services.

Hourly Rate Per Individual

Hours of Service Per Week

Baltimore City and Allegany, Anne Arundel, Baltimore, Caroline, Carroll,
Dorchester, Garrett, Harford, Howard, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot,
Washington, Wicomico, and Worcester Counties

Cecil County

Calvert, Charles, Frederick, Montgomery,
and Prince George’s Counties

1—19

$30.00

$31.05

$31.32

20—22

$28.69

$29.69

$29.95

23-24

$27.73

$28.70

$28.95

25

$26.84

$27.78

$28.02

26

$25.99

$26.90

$27.13

27

$25.22

$26.10

$26.33

28—82

$24.85

$25.72

$25.94

(2) State Fiscal Year 2018 CSLA’s Personal Supports Rates: Table for Two Individuals in a Dwelling Receiving CSLA Services.

Hourly Rate Per Individual

Hours of Service Per Week

Baltimore City and Allegany, Anne Arundel, Baltimore, Caroline, Carroll,
Dorchester, Garrett, Harford, Howard, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Washington,
Wicomico, and Worcester Counties

Cecil County

Calvert, Charles, Frederick, Montgomery,
and Prince George’s Counties

1-19

$27.91

$28.89

$29.14

20—22

$26.90

$27.84

$28.08

23—24

$25.99

$26.90

$27.13

25

$25.15

$26.03

$26.26

26

$24.36

$25.21

$25.43

27

$23.63

$24.46

$24.67

28—82

$23.29

$24.11

$24.31

(3) State Fiscal Year 2018 CSLA’s Personal Supports Rates: Table for Three Individuals in a Dwelling Receiving CSLA Services.

Hourly Rate Per Individual

Hours of Service Per Week

Baltimore City and Allegany, Anne Arundel, Baltimore, Caroline, Carroll,
Dorchester, Garrett, Harford, Howard, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot, Washington,
Wicomico, and Worcester Counties

Cecil County

Calvert, Charles, Frederick, Montgomery,
and Prince George’s Counties

1-19

$22.37

$23.15

$23.35

20—22

$21.55

$22.30

$22.50

23—24

$20.81

$21.54

$21.73

25

$20.15

$20.86

$21.04

26

$19.53

$20.21

$20.39

27

$18.93

$19.59

$19.76

28—82

$18.67

$19.32

$19.49

J. State Fiscal Year 2018 CSLA’s Personal Supports Rates: Table for 1:1 Support or Not More than 8 Hours of Awake-Overnight Support per Residence for Individuals Receiving CSLA Services Regardless of the Number of Individuals in a Dwelling.

Hourly Rate Per Individual

Hours of Service Per Week

Baltimore City and Allegany, Anne Arundel, Baltimore, Caroline, Carroll,
Dorchester, Garrett, Harford, Howard, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot,
Washington, Wicomico, and Worcester Counties

Cecil County

Calvert, Charles, Frederick, Montgomery,
and Prince George’s Counties

Hours in Excess of 82

$18.67

$19.32

$19.49

K. State Fiscal Year 2018 CSLA’s Personal Supports Rates: Table for Professional Services for Individuals Receiving CSLA Services Regardless of the Number of Individuals in a Dwelling.

Hourly Rate Per Individual

Hours of Service Per Week

Baltimore City and Allegany, Anne Arundel, Baltimore, Caroline, Carroll,
Dorchester, Garrett, Harford, Howard, Kent, Queen Anne’s, St. Mary’s, Somerset, Talbot,
Washington, Wicomico, and Worcester Counties

Cecil County

Calvert, Charles, Frederick, Montgomery,
and Prince George’s Counties

As preauthorized and approved

$32.61

$33.75

$34.04

DENNIS SCHRADER
Secretary of Health

 

 


Title 14
INDEPENDENT AGENCIES

Subtitle 06 OFFICE OF THE PUBLIC DEFENDER

14.06.03 Eligibility for Services

Authority: Criminal Procedure Article, §16-210(d), Annotated Code of Maryland

Notice of Proposed Action

[17-237-P]

The Office of the Public Defender proposes to amend Regulation .07 under COMAR 14.06.03 Eligibility for Service.

Statement of Purpose

The purpose of this action is to implement Ch. 606, Acts of 2017, by repealing the regulatory provision requiring the collection of an administrative fee for public defender services. The act made the District Court Commissioners, rather than the Office of the Public Defender (OPD), responsible for determining eligibility for representation of criminal defendants who face a penalty of incarceration. Because the fee specified by in the regulation is, by its terms, an administrative fee to cover costs associated with determining the eligibility of office clients, it will no longer be collected by OPD.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Due to the indigency of applicants, OPD is generally able to collect approximately 10 percent of the fees imposed, the income of which is offset by the costs for CCU of its collection efforts. For FY 2018, the estimated fees that would be collected without this rule change are approximately $22,000 (10% of $220,000), and CCU's estimated postage cost for collection is approximately $20,000.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

(1) Fees otherwise collected

(R-)

22,000

(2) CCU expenses for collecting fees

(E-)

20,000

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

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.)

B(1). $220,000 in fees imposed and 10% collected, based on historical experience.

B(2). Based on historical experience of number of fees going to collections and postage costs per collections case.

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 Stephen Hut, General Counsel, Office of the Public Defender, 6 Saint Paul Street, Suite 1400, Baltimore, MD 21202, or call 410-767-8479, or email to ahut@opd.state.md.us, or fax to 410-333-8