Capitol Building Maryland Register

Issue Date: June 22 2018

Volume 45 • Issue 13 • Pages 651-686

IN THIS ISSUE

General Assembly

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before June 4, 2018 5 p.m.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 4, 2018.
 
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 ......................................................................  655

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  656

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ......................................  664

09        Department of Labor, Licensing, and Regulation .......  664, 669

10        Maryland Department of Health .................................  664, 670

12        Department of Public Safety and Correctional Services .....  668

13A     State Board of Education ....................................................  678

31        Maryland Insurance Administration ...................................  679

 

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.

 

General Assembly

SYNOPSIS NO. 11 .  658

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fish .  664

Striped Bass .  664

Gear  664

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

COMMISSIONER OF FINANCIAL REGULATION

State Collection Agency Licensing Board—Fees .  664

10  MARYLAND DEPARTMENT OF HEALTH

PROCEDURES

Board of Review Procedures .  664

PROCEDURES

Procedures for Hearing Before the Hospital Appeal Board and
   Nursing Home Appeal Board .  664

MEDICAL CARE PROGRAMS

Nursing Facility Services .  664

MEDICAL CARE PROGRAMS

Maryland Medicaid Managed Care Program: Rare and
   Expensive Case Management  665

CANCER CONTROL

Reimbursement for Breast and Cervical Cancer Diagnosis and
   Treatment  666

BOARD OF NURSING

Examination and Licensure .  667

Nursing Education Programs .  667

Practice of Nurse Midwifery .  667

Practice of the Nurse Practitioner  667

Standards of Practice for Registered Nurses .  667

Standards of Practice for Licensed Practical Nurses .  667

Delegation of Nursing Functions .  667

Nurse Psychotherapists in Independent Practice — Clinical
   Nurse Specialists .  667

Safe Practice Committee .  667

Registered Nurse — Workers’ Compensation Medical Case
   Manager  667

Monetary Penalties .  667

Code of Ethics .  667

Management of Infusion Therapy by the Registered Nurse
   and the Licensed Practical Nurse .  667

Practice of Clinical Nurse Specialist  667

BOARD OF NURSING — CERTIFIED NURSING
   ASSISTANTS

Certification of Nursing Assistants .  667

Nursing Assistant Training Programs .  667

Medication Technicians .  667

BOARD OF NURSING — ELECTROLOGY PRACTICE
   COMMITTEE

Definitions .  667

Licensure .  667

Electrology Examination .  667

Electrologist’s Office .  667

Rehabilitation Committee .  667

BOARD OF PHARMACY

Pharmacists Prescribing Contraceptives .  668

BOARD OF PODIATRIC MEDICAL EXAMINERS

Examination and Post-Graduate Training .  668

Interpretation of Terms in the Maryland Podiatry Act  668

Advertising .  668

BOARD OF CHIROPRACTIC EXAMINERS

Chiropractic Assistants .  668

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

DIVISION OF CORRECTION

Inmate Discipline .  668

OPERATIONS

Inmate Disciplinary Process .  668

PATUXENT INSTITUTION

Inmate Discipline .  668

PRETRIAL DETENTION AND SERVICES

Resident Discipline .  668

 

Proposed Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

BOARD OF COSMETOLOGISTS

Beauty Salons .  669

BOARD FOR PROFESSIONAL ENGINEERS

Fees .  670

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Physicians’ Services .  670

Dental Services .  671

Audiology Services .  671

DRUGS

Guidelines for Co-Prescribing Opioid Overdose Reversal
   Drugs .  675

DEVELOPMENTAL DISABILITIES

Informal Hearings Under the Maryland Developmental
   Disabilities Law ..  676

BOARD OF NURSING

Registered Nurse — Forensic Nurse Examiner  677

Sanctioning Guidelines .  677

13A STATE BOARD OF EDUCATION

STUDENTS

General Regulations .  678

31  MARYLAND INSURANCE ADMINISTRATION

UNFAIR TRADE PRACTICES

Automobile Liability Insurance .  679

 

Errata

COMAR 10.27.01.10 .  680

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER MANAGEMENT ADMINISTRATION

Notice of Tentative Determination and Public Hearing —
   Modification of the General Permit for Discharges of
   Stormwater Associated with Industrial Activity
   No. 12SW-A, NPDES Permit MDR00
.  681

DEPARTMENT OF HOUSING AND COMMUNITY
   DEVELOPMENT

DRAFT COMMUNITY SERVICES BLOCK GRANT
   STATE PLAN
................................................................  681

MARYLAND HEALTH CARE COMMISSION

SCHEDULES FOR CERTIFICATE OF NEED
   REVIEW
........................................................................  681

 

General Notices

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Meeting .  683

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF
   HEALTH SERVICES

Public Notice for State Plan Amendment to Expand Family
   Planning Program Eligibility .  683

Public Notice for Developmental Disabilities Administration
   Targeted Case Management Rate Increase .  683

Public Notice for Behavioral Health, Health Home Rate
   Increase .  683

Public Notice for Home and Community Based Services Rate
   Increase .  683

Public Notice for Nursing Home Reimbursement
   Methodology Changes .  683

Public Notice for an  Increase to Maryland Medical
   Assistance Reimbursement Rates .  684

DIVISION OF LABOR AND INDUSTRY/AMUSEMENT
   RIDE SAFETY ADVISORY BOARD

Public Meeting .  684

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  684

Exemption from CON Review ..  684

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
   BOATING SERVICES

Public Notice — Commercial Striped Bass Common Pool
   Hook and Line Season Modification .  684

OFFICE OF THE SECRETARY OF STATE/NOTARY WORK
   GROUP

Public Meeting .  684

BOARD OF WELL DRILLERS

Public Meeting .  685

 

 

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 2019

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

2018

July 6

June 18

June 27

June 25

July 20

July 2

July 11

July 9

August 3

July 16

July 25

July 23

August 17

July 30

August 8

August 6

August 31

August 13

August 22

August 20

September 14

August 27

September 5

August 31**

September 28

September 10

September 19

September 17

October 12

September 24

October 3

October 1

October 26

October 5**

October 17

October 15

November 9

October 22

October 31

October 29

November 26***

November 5

November 14

November 9**

December 7

November 19

November 28

November 26

December 21

December 3

December 12

December 10

2019

January 4

December 17

December 26

December 24

January 18

December 31

January 9

January 7

 

*   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 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.

 

01 EXECUTIVE DEPARTMENT

 

01.02.08.03 • 45:12 Md. R. 622 (6-8-18)

 

04 DEPARTMENT OF GENERAL SERVICES

 

04.05.01.08 • 45:2 Md. R. 71 (1-19-18)

04.05.02.02 • 45:2 Md. R. 71 (1-19-18)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.05.03.01—.18 • 45:11 Md. R. 581 (5-25-18)

05.21.01.01—.14 • 45:11 Md. R. 581 (5-25-18)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02 • 45:3 Md. R. 176 (2-2-18) (err)

08.03.03.01 • 45:12 Md. R. 623 (6-8-18)

08.03.03.03—.05,.07,.08 • 45:12 Md. R. 624 (6-8-18)

08.03.03.06 • 45:12 Md. R. 631 (6-8-18)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.09.01.01—.04 • 45:11 Md. R. 585 (5-25-18)

09.10.02.43,.53,.53-1,.60,.61 • 45:10 Md. R. 505 (5-11-18)

09.12.31 • 45:9 Md. R. 467 (4-27-18)

                 45:10 Md. R. 508 (5-11-18) (err)

                 45:12 Md. R. 632 (6-8-18) (err)

09.12.81.01 • 45:10 Md. R. 508 (5-11-18) (ibr)

09.12.83.01 • 45:10 Md. R. 509 (5-11-18) (ibr)

09.13.06.12 • 45:9 Md. R. 468 (4-27-18)

09.15.01.01—.03 • 45:11 Md. R. 586 (5-25-18)

09.17.03.01—.03 • 45:11 Md. R. 587 (5-25-18)

09.20.05.01—.03 • 45:11 Md. R. 588 (5-25-18)

09.21.02.03 • 45:8 Md. R. 424 (4-13-18)

09.22.02.01 • 45:13 Md. R. 669 (6-22-18)

09.23.03.09 • 45:9 Md. R. 468 (4-27-18)

09.23.04.03 • 45:13 Md. R. 670 (6-22-18)

09.32.06.01—.04,.07—.11 • 45:8 Md. R. 424 (4-13-18)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

          Subtitle 09 (2nd volume)

 

10.09.02.07 • 45:13 Md. R. 670 (6-22-18) (ibr)

10.09.05.07 • 45:13 Md. R. 671 (6-22-18) (ibr)

10.09.09.03 • 45:8 Md. R. 427 (4-13-18)

10.09.15.01,.04—.09,.11 • 45:8 Md. R. 427 (4-13-18)

10.09.16.01—.13 • 45:8 Md. R. 429 (4-13-18)

10.09.17.01—.04,.06 • 45:8 Md. R. 429 (4-13-18)

 

10.09.36.01,.03,.08,.09 • 45:1 Md. R. 21 (1-5-18)

                                        45:10 Md. R. 503 (5-11-18) (err)

10.09.51.01—.07 • 45:13 Md. R. 671 (6-22-18)

10.09.78.07,.08 • 45:8 Md. R. 430 (4-13-18)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.13.03.01—.04 • 45:13 Md. R. 675 (6-22-18)

10.21.04.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.16.01—.16 • 45:7 Md. R. 357 (3-30-18)

10.21.17.01—.17 • 45:7 Md. R. 357 (3-30-18)

10.21.18.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.19.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.20.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.21.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.22.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.25.03-2,.05—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.26.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.27.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.21.28.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.29.01—.09 • 45:7 Md. R. 357 (3-30-18)

10.22.16.03 • 45:13 Md. R. 676 (6-22-18)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.17.01 • 45:11 Md. R. 589 (5-25-18) (ibr)

10.25.18.01—.04,.10—.12 • 45:12 Md. R. 632 (6-8-18)

10.27.21.02,.03,.08 • 45:13 Md. R. 677 (6-22-18)

10.27.26.02,.07 • 45:13 Md. R. 677 (6-22-18)

10.36.10.01—.04 • 45:2 Md. R. 114 (1-19-18)

 

     Subtitles 37—66 (5th Volume)

 

10.37.01.02 • 45:11 Md. R. 590 (5-25-18) (ibr)

10.38.12.03 • 45:12 Md. R. 634 (6-8-18)

10.47.02.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.47.03.01—.07 • 45:7 Md. R. 357 (3-30-18)

10.47.04.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.47.05.01—.05 • 45:7 Md. R. 357 (3-30-18)

10.47.07.02,.03,.05,.06,.08,.09 • 45:7 Md. R. 364 (3-30-18)

10.63.08.01—.14 • 44:23 Md. R. 1108 (11-13-17)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.04.05.01,.02,.06 • 45:10 Md. R. 510 (5-11-18)

                                  45:12 Md. R. 644 (6-8-18) (err)

11.06.03.01,.02 • 45:9 Md. R. 469 (4-27-18)

 

     Subtitles 11—23 (MVA)

 

11.15.01.01 • 45:9 Md. R. 469 (4-27-18)

11.15.07.01—.03 • 45:9 Md. R. 470 (4-27-18)

11.15.15.01—.03 • 45:9 Md. R. 470 (4-27-18)

11.15.19.01—.03,.06,.08 • 45:9 Md. R. 470 (4-27-18)

11.15.20.02—.05 • 45:9 Md. R. 471 (4-27-18)

11.15.23.01,.02,.04 • 45:9 Md. R. 472 (4-27-18)

11.15.27.01,.02,.04,.07,.08 • 45:9 Md. R. 472 (4-27-18)

11.15.28.03,.04 • 45:9 Md. R. 473 (4-27-18)

11.15.30.01 • 45:9 Md. R. 473 (4-27-18)

11.16.04.04,.07 • 45:9 Md. R. 474 (4-27-18)

11.17.06.02,.03,.07,.08 • 45:9 Md. R. 475 (4-27-18)

11.17.09.04,.05 • 45:11 Md. R. 590 (5-25-18)

11.17.14.02—.04,.06,.08,.11,.12 • 45:9 Md. R. 475 (4-27-18)

11.17.16.01,.02,.02-1,.03,.04 • 45:9 Md. R. 476 (4-27-18)

11.17.17.01—.04 • 45:9 Md. R. 477 (4-27-18)

 

13A STATE BOARD OF EDUCATION

 

13A.03.04.02—.04 • 45:8 Md. R. 431 (4-13-18)

13A.05.04.08 • 45:11 Md. R. 591 (5-25-18)

13A.06.03.06 • 45:12 Md. R. 635 (6-8-18)

13A.06.07.01,.06—.08,.10 • 45:7 Md. R. 369 (3-30-18)

13A.07.11.01—.05 • 45:11 Md. R. 593 (5-25-18)

13A.08.01.06 • 45:13 Md. R. 678 (6-22-18)

13A.08.01.11 • 45:10 Md. R. 511 (5-11-18)

13A.08.04.02,.05,.06 • 45:7 Md. R. 371 (3-30-18)

13A.12.01.04 • 45:9 Md. R. 477 (4-27-18)

13A.12.01.05 • 45:9 Md. R. 478 (4-27-18)

13A.12.01.08-1 • 45:9 Md. R. 478 (4-27-18)

13A.12.03.04 • 45:9 Md. R. 479 (4-27-18)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.01.01.02,.19 • 45:12 Md. R. 635 (6-8-18)

13B.05.01.06,.07,.11,.12 • 45:12 Md. R. 638 (6-8-18)

13B.08.18.01—.14 • 45:7 Md. R. 373 (3-30-18)

13B.08.19.01—.06 • 45:10 Md. R. 512 (5-11-18)

 

14 INDEPENDENT AGENCIES

 

14.26.07.01—.09 • 45:12 Md. R. 640 (6-8-18)

 

15 DEPARTMENT OF AGRICULTURE

 

15.14.01.12-1 • 45:9 Md. R. 479 (4-27-18)

15.14.10.05 • 45:9 Md. R. 480 (4-27-18)

15.15.13.03,.05 • 45:7 Md. R. 380 (3-30-18)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.03.10 • 45:12 Md. R. 641 (6-8-18)

 

21 STATE PROCUREMENT REGULATIONS

 

21.10.02.02 • 45:10 Md. R. 514 (5-11-18)

21.10.03.01—.03 • 45:10 Md. R. 514 (5-11-18)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.04.02.01,.05 • 45:3 Md. R. 167 (2-2-18)

26.08.11.01—.14 • 44:25 Md. R. 1189 (12-8-17)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 45:11 Md. R. 594 (5-25-18) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.06.02 • 45:10 Md. R. 514 (5-11-18)

31.03.18.02—.16 • 45:10 Md. R. 515 (5-11-18)

31.08.15.04,.05 • 45:10 Md. R. 518 (5-11-18)

31.09.16.01—.12 • 45:7 Md. R. 389 (3-30-18)

31.10.18.05,.11 • 45:10 Md. R. 519 (5-11-18)

31.10.20.01,.03 • 45:10 Md. R. 520 (5-11-18)

31.10.21.01,.02 • 45:10 Md. R. 520 (5-11-18)

31.14.02.03,.08,.09 • 45:11 Md. R. 595 (5-25-18)

31.15.09.01,.02 • 45:13 Md. R. 679 (6-22-18)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.06.01.07 • 45:11 Md. R. 601 (5-25-18)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.08.03 • 45:12 Md. R. 642 (6-8-18)

36.07.01.01,.03 • 45:12 Md. R. 642 (6-8-18)

 

The General Assembly

For additional up-to-date information concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill Information and Status.  You may then enter a specific bill number for information about that bill.  You may also click on Senate Synopsis or House Synopsis for the most recent synopsis list for each house, or click on Synopsis Index for a listing of all bill synopses since the beginning of the legislative session.

 

SYNOPSIS NO. 11

Chapters

CH0571  SB0134 (Enrolled)  The President (Admin).  Small Business Relief Tax Credit.

CH0572  HB0327 (Enrolled)  Del Lisanti, et al.  Income Tax - Subtraction Modification - Military Retirement Income.

CH0573  SB0996 (Enrolled)  Sen Peters, et al.  Income Tax – Subtraction Modification – Retirement Income (Hometown Heroes and Veterans Act of 2018).

CH0574  HB0365 (Amended)  Del Walker, et al.  Income Tax - Personal Exemptions - Alteration.

CH0575  SB0184 (Enrolled)  Sen Kasemeyer, et al.  Income Tax - Personal Exemptions - Alteration.

CH0576  HB0570 (Enrolled)  Del Gilchrist, et al.  Income Tax - Standard Deduction - Alteration and Cost-of-Living Adjustments.

CH0577  SB0318 (Enrolled)  Sen Kasemeyer, et al.  Income Tax – Standard Deduction – Alteration and Cost–of–Living Adjustments.

CH0578  SB0228 (Enrolled)  Sen Guzzone, et al.  Cybersecurity Incentive Tax Credits.

CH0579  SB0299 (Enrolled)  The President (Admin), et al.  Correctional Officers’ Retirement System – Membership.

CH0580  HB0036 (Amended)  Del Jackson, et al.  Correctional Officers' Retirement System - Membership.

CH0581  HB0296 (Enrolled)  Del Hixson, et al.  Income Tax - Subtraction Modification - Retirement Income of Correctional Officers.

CH0582  HB1069 (Enrolled)  Del Buckel, et al.  Income Tax - Subtraction Modification - Volunteer Fire, Rescue, and Emergency Medical Services Members.

CH0583  SB0989 (Enrolled)  Sen Edwards, et al.  One Maryland Economic Development Tax Credits - Simplification and Alteration.

CH0584  HB1295 (Enrolled)  Del Buckel, et al.  One Maryland Economic Development Tax Credits - Simplification and Alteration.

CH0585  HB1765 (Amended)  Del Lafferty.  On–Site Sewage Disposal Systems – Watershed Implementation Plan and Bay Restoration Fund Disbursements and Financial Assistance.

CH0586  SB0152 (Amended)  Sen Manno, et al.  Labor and Employment - Hiring and Promotion Preferences - Veterans of Commissioned Corps.

CH0587  HB1617  Del Morales, et al.  Labor and Employment - Hiring and Promotion Preferences - Veterans of Commissioned Corps.

CH0588  SB0048 (Amended)  Sen Mathias, et al.  Workers' Compensation - Permanent Partial Disability - State Correctional Officers.

CH0589  HB0205 (Amended)  Del Clippinger, et al.  Workers' Compensation - Permanent Partial Disability - State Correctional Officers.

CH0590  HB1804 (Amended)  Del Busch.  Health – Medical Research Funding.

CH0591  HB0097  The Speaker (DLS).  State Board of Law Examiners – Sunset Extension.

CH0592  HB1480 (Amended)  The Speaker (Atty Gen Ofc), et al.  Controlled Dangerous Substances - Distributors - Reporting Suspicious Orders.

CH0593  SB0982 (Amended)  The President (Atty Gen Ofc), et al.  Controlled Dangerous Substances - Distributors - Reporting Suspicious Orders.

CH0594  SB0999 (Amended)  Sens Peters and DeGrange.  Recordation Tax - Exemptions.

CH0595  SB1154 (Enrolled)  Sen Peters, et al.  Income Tax – Film Production Activity Tax Credit – Alterations.

CH0596  SB1001 (Enrolled)  Sens Peters and Rosapepe.  Employee Benefits – State Employee and Retiree Health and Welfare Benefits Program and Maryland Small Business Retirement Savings Program.

CH0597  SB1202 (Enrolled)  Sen Peters, et al.  Higher Education - Richard W. Collins III Leadership With Honor Scholarship - Establishment.

CH0598  HB0002 (Enrolled)  Del Glenn.  Natalie M. LaPrade Medical Cannabis Commission Reform Act.

CH0599  HB1035 (Amended)  Del Glenn.  Natalie M. LaPrade Medical Cannabis Commission - Certifying Providers - Referrals.

CH0600  SB1063 (Amended)  Sen Conway, et al.  Natalie M. LaPrade Medical Cannabis Commission - Certifying Providers - Referrals.

CH0601  SB0874 (Amended)  Sen Zirkin.  Natalie M. LaPrade Medical Cannabis Commission – Immunity.

CH0602  SB0423 (Enrolled)  Sen Zirkin.  Criminal Procedure - Postconviction - DNA Testing and Petition for Writ of Actual Innocence.

CH0603  HB0572 (Amended)  Del Rey, et al.  Income Tax – Oyster Shell Recycling Credit – Maximum Allowable Amount and Sunset Extension.

CH0604  SB0153 (Enrolled)  Sen Hershey, et al.  Income Tax – Oyster Shell Recycling Credit – Maximum Allowable Amount and Sunset Extension.

CH0605  SB0682 (Amended)  Sen Hershey, et al.  Emergency Medical Services Providers – Coverage and Reimbursement of Services – Reports and Plan.

CH0606  SB1056 (Amended)  Sen Hershey, et al.  Rural Health Collaborative Pilot.

CH0607  HB0284  Cecil County Delegation.  Cecil County - Office of the Sheriff - Employees and Collective Bargaining.

CH0608  HB0373  Cecil County Delegation.  Cecil County - Home Detention and Release Programs.

CH0609  SB0563  Sen Serafini.  Income Tax Credit - Qualified Research and Development Expenses - Application for and Procedure to Claim Credit.

CH0610  SB0564  Sen Serafini.  Income Tax Credit - Security Clearance Costs - Procedure to Claim Credit.

CH0611  SB0647 (Amended)  Sen Madaleno, et al.  Earned Income Tax Credit - Individuals Without Qualifying Children - Repeal of Minimum Age Requirement.

CH0612  HB0856 (Enrolled)  Del Hixson, et al.  Earned Income Tax Credit – Individuals Without Qualifying Children – Repeal of Minimum Age Requirement.

CH0613  HB0302 (Enrolled)  Del Hixson, et al.  Income Tax Credit – Wineries and Vineyards – Procedures to Claim Credit and Sunset Extension.

CH0614  SB0848  Sen Serafini.  Income Tax Credit - Wineries and Vineyards - Procedures to Claim Credit and Sunset Extension.

CH0615  SB1148  Washington County Senators.  Washington County - Advisory School Design Review Committee - Repeal.

CH0616  SB1143 (Enrolled)  Sen Kasemeyer.  Property Tax Credit - Baltimore County - Leadership Through Athletics, Inc..

CH0617  SB1144 (Amended)  Sen Kasemeyer.  Baltimore County - Alcoholic Beverages - Education Conference Facility/Dining Service License.

CH0618  HB0114  Del McIntosh.  Baltimore City - Alcoholic Beverages - Class B-D-7 Licenses.

CH0619  HB0312 (Amended)  Del Davis, et al.  Criminal Law – School Bus Driver and Public Transportation Worker – Obstructing, Hindering, or Interfering With.

CH0620  HB0605 (Enrolled)  Del Kaiser, et al.  State Student Loan Refinancing Program - Market-Specific Consultant Study.

CH0621  SB0284 (Amended)  Sen Middleton, et al.  Maryland Medical Assistance Program – Dental Coverage for Adults – Pilot Program.

CH0622  SB0885 (Enrolled)  Sen Middleton.  Maryland Agricultural Land Preservation Foundation - Condemnation of Land Under Easement.

CH0623  SB1140 (Amended)  Sen Middleton.  Maryland Agricultural Land Preservation Foundation – Definition of Child.

CH0624  SB1131  Sen Middleton.  Motor Vehicle Insurance - Commercial Policies - Insurance Identification Card.

CH0625  HB1723 (Amended)  Charles County Delegation.  Charles County - Work Release - Collection of Inmate Earnings.

CH0626  HB1456 (Enrolled)  Del Barve, et al.  Offshore Drilling Liability Act.

CH0627  HB0003 (Amended)  Del Stein, et al.  Environment - U.S. Climate Alliance - Membership.

CH0628  HB1350 (Enrolled)  Del Stein, et al.  Sea Level Rise Inundation and Coastal Flooding - Construction, Adaptation, and Mitigation.

CH0629  SB1006 (Enrolled)  Sen Pinsky.  Sea Level Rise Inundation and Coastal Flooding - Construction, Adaptation, and Mitigation.

CH0630  SB0844  Sen Conway.  Environment - Newsprint Recycling Board - Repeal and Transfer of Authority.

CH0631  HB1088 (Enrolled)  Del Cullison, et al.  State Procurement - Information Technology - Nonvisual Access.

CH0632  SB0286 (Enrolled)  Sen Conway, et al.  State Procurement - Information Technology - Nonvisual Access.

CH0633  HB1557 (Amended)  Del Hayes, et al.  Procurement - Architectural Services and Engineering Services - Reciprocal Preference.

CH0634  SB1020  Sen Conway.  Procurement - Architectural Services and Engineering Services - Reciprocal Preference.

CH0635  SB0399 (Amended)  Sen Conway, et al.  Baltimore City - Board of License Commissioners - License Application Newspaper Notice.

CH0636  SB0621 (Enrolled)  Sen Conway, et al.  Real Property - Deletion of Ownership Restrictions Based on Race, Religious Belief, or National Origin.

CH0637  HB1553 (Enrolled)  Del Anderson (BCA).  Baltimore City - Landlord and Tenant - False Representations and Unlawful Evictions.

CH0638  SB0826 (Amended)  Sen Conway (BCA).  Baltimore City - Landlord and Tenant - False Representations and Unlawful Evictions.

CH0639  HB1548 (Enrolled)  Del Anderson (BCA).  Baltimore City - Continuing the Creating Opportunities for Renewal and Enterprise (CORE) Partnership Fund.

CH0640  SB1084 (Amended)  Sen Conway (BCA), et al.  Baltimore City - Continuing the Creating Opportunities for Renewal and Enterprise (CORE) Partnership Fund.

CH0641  HB1385 (Amended)  Del Anderson (BCA).  Baltimore City - Tourism Improvement District.

CH0642  SB1085 (Amended)  Sen Conway (BCA), et al.  Baltimore City - Tourism Improvement District.

CH0643  SB1200 (Enrolled)  Sen Conway.  Baltimore City - Board of License Commissioners - Notice of Legislative Proposals.

CH0644  SB0571  Sen Bates.  Maryland Agricultural Land Preservation Foundation - Use of Land - Signs and Outdoor Advertising Displays.

CH0645  SB1102  Sens Cassilly and Norman.  Landlord and Tenant - Action for Repossession of Nonresidential Property - Service of Process.

CH0646  HB1329  Del Beidle.  Landlord and Tenant - Action for Repossession of Nonresidential Property - Service of Process.

CH0647  SB0073 (Amended)  Harford County Senators.  Harford County Sheriff - Deputy Sheriffs and Correctional Officers - Collective Bargaining.

CH0648  HB0743  Harford County Delegation.  Harford County - Alcoholic Beverages - Per Diem Licenses.

CH0649  HB1343 (Amended)  Harford County Delegation.  Harford County - Alcoholic Beverages - Stadium License.

CH0650  HB1660 (Amended)  Del Reilly, et al.  Property Tax – Assessment Records of Real Property and Reassessment After Appeal.

CH0651  SB0010 (Amended)  Sen Kasemeyer (Dept).  Property Tax Assessments - Physical Inspection of Property.

CH0652  SB0083 (Amended)  Chr B&T (Dept).  Public Service Company Franchise Tax - Return Deadline.

CH0653  SB0084 (Amended)  Chr B&T (Dept).  Real Property Tax - Exemption Applications - Approval Authority.

CH0654  HB0089 (Enrolled)  Chr W&M (Dept).  Property Tax Credit - Public Safety Officers - Administration.

CH0655  SB0098 (Amended)  Chr B&T (Dept).  Property Tax - Public Utilities - Assessment Apportionment.

CH0656  SB0008 (Amended)  Chr EHE (Dept).  State Board of Nursing - Maryland Nurse Practice Act - Revisions.

CH0657  SB0017 (Amended)  Chr FIN (Dept).  Health Information Exchanges - Definitions and Regulations.

CH0658  SB0062 (Enrolled)  Chr EHE (Dept).  Maryland Chiropractic Act - Revisions.

CH0659  SB0080  Chr EHE (Dept).  State Board of Occupational Therapy Practice - Licensure - Revisions.

CH0660  SB0105  Chr FIN (Dept).  State Advisory Council on Hereditary and Congenital Disorders – Membership and Appointments.

CH0661  SB0108 (Amended)  Chr FIN (Dept).  Regulation of Health Care Programs, Medical Laboratories, Tissue Banks, and Health Care Facilities - Revisions.

CH0662  SB0110  Chr EHE (Dept).  State Board of Podiatric Medical Examiners – Licensure – Qualifications and Examinations.

CH0663  SB0111  Chr FIN (Dept).  Maryland Health Benefit Exchange - Criminal History Records Checks - Contractors With Access to Federal Tax Information.

CH0664  SB0052  Chr FIN (Dept).  Insurance - Medicare Supplement Policy Plans - Conformity to Federal Law.

CH0665  SB0054 (Amended)  Chr FIN (Dept).  Health Insurance – Technical Corrections and Required Conformity With Federal Law.

CH0666  SB0057  Chr FIN (Dept).  Insurance - Medical Professional Liability Insurance Policies - Technical Correction.

CH0667  SB0078 (Amended)  Chr FIN (Dept).  Insurance - Risk Retention Groups - Revisions.

CH0668  SB0086  Chr JPR (Dept).  Charitable Organizations - Registration Late Fees - Distribution and Use.

CH0669  SB0091 (Amended)  Chr JPR (Dept).  Juvenile Law - Disclosure of Court Records.

CH0670  SB0094 (Enrolled)  Chr EHE (Dept).  Natural Resources – Unprotected Birds and Mammals.

CH0671  HB0190 (Amended)  Chr JUD (Dept).  Public Safety - Maryland Police Training and Standards Commission - Psychological Consultation and Evaluation.

CH0672  HB0252 (Amended)  Chr ENV (Dept) and Del Rey.  Land Use - Agritourism.

CH0673  HB0694  Chr ENV and Chr ECM (Dept).  Public Safety - Building Codes - Transfer of Administration to Department of Labor, Licensing, and Regulation.

CH0674  SB0150  Sen Astle.  City of Annapolis - Alcoholic Beverages - Bookstore License.

CH0675  SB1176  Chr Anne Arundel County Senators.  Housing Commission of Anne Arundel County - Terms.

CH0676  HB0710 (Amended)  Dels Carey and Lisanti.  Consumer Protection - Credit Report Security Freezes - Notice and Fees.

CH0677  SB0202 (Amended)  Sen Lee, et al.  Consumer Protection - Credit Report Security Freezes - Notice and Fees.

CH0678  SB0751  Sen Simonaire.  Vehicle Laws - HOV Lanes - Plug-In Electric Drive and Hybrid Vehicles.

CH0679  HB0714  Del McMillan, et al.  Vehicle Laws - HOV Lanes - Plug-In Electric Drive and Hybrid Vehicles.

CH0680  HB1481  Del Fraser-Hidalgo, et al.  Real Property - New Home Sales - Information on Energy-Efficient Options.

CH0681  SB0648  Sen Kelley.  Real Property - New Home Sales - Information on Energy-Efficient Options.

CH0682  SB0864 (Enrolled)  Sen Kelley, et al.  Health – Emergency Evaluees and Involuntarily Admitted or Committed Individuals – Procedures.

CH0683  SB0835 (Enrolled)  Sen Madaleno, et al.  Maryland Medical Assistance Program - Collaborative Care Pilot Program.

CH0684  HB1682 (Amended)  Del Morales, et al.  Maryland Medical Assistance Program - Collaborative Care Pilot Program.

CH0685  SB1028 (Amended)  Sen Madaleno, et al.  Health Occupations - Conversion Therapy for Minors - Prohibition (Youth Mental Health Protection Act).

CH0686  HB0382  Del Dumais.  Criminal Procedure - Expungement - Civil Offense.

CH0687  HB0403 (Enrolled)  Del Jones, et al.  Community Colleges - Facilities Renewal Grant Program - Established.

CH0688  SB0595 (Enrolled)  Sen King, et al.  Community Colleges - Facilities Renewal Grant Program - Established.

CH0689  HB0523 (Amended)  Del Hettleman, et al.  State Personnel - Employees in the Same Classification - Report.

CH0690  SB0464 (Amended)  Sen Klausmeier, et al.  State Personnel - Employees in the Same Classification - Report.

CH0691  SB0704 (Enrolled)  Sen Klausmeier, et al.  Maryland Medical Assistance Program - Telemedicine - Assertive Community Treatment and Mobile Treatment Services.

CH0692  SB0977 (Amended)  Sen Klausmeier.  Behavioral Health Services and Voluntary Placement Agreements - Children and Young Adults - Reports.

CH0693  HB1517 (Enrolled)  Del Sample-Hughes, et al.  Behavioral Health Services and Voluntary Placement Agreements – Children and Young Adults – Reports.

CH0694  HB1216 (Amended)  Del Clippinger.  Career Preparation Expansion Act.

CH0695  SB0978 (Enrolled)  Sen Klausmeier, et al.  Career Preparation Expansion Act.

CH0696  HB1528 (Amended)  Del Clippinger.  Electric Universal Service Program - Funds - Arrearage Prevention.

CH0697  SB1117 (Enrolled)  Sen Klausmeier.  Electric Universal Service Program - Funds - Arrearage Prevention.

CH0698  SB0501 (Enrolled)  Sen Edwards, et al.  State Lakes Protection and Restoration Fund – Purpose, Use, and Funding – Alterations.

CH0699  SB0540  Sen Edwards.  Garrett County - Bids and Contracts.

CH0700  SB0606 (Enrolled)  Sens Edwards and Serafini.  Off-Highway Recreational Vehicles - Excise Titling Tax - Off-Highway Recreational Vehicle Trail Fund.

CH0701  SB1123  Sen Edwards.  Garrett County – Regulation of Animals – Enforcement.

CH0702  HB0202 (Amended)  Del Morhaim, et al.  Criminal Procedure – Incompetency and Criminal Responsibility – Court–Ordered Evaluation.

CH0703  SB0361 (Amended)  Sen Ready, et al.  Criminal Procedure – Incompetency and Criminal Responsibility – Court–Ordered Evaluation.

CH0704  SB0362 (Amended)  Sen Ready, et al.  Vehicle Laws - Registration Fee Exemptions - Disabled Veterans.

CH0705  SB0496 (Enrolled)  Sen Ready, et al.  Environment – Graywater – Residential Use.

CH0706  HB0319 (Amended)  Del Sydnor, et al.  Juvenile Law – Truancy.

CH0707  SB0160 (Enrolled)  Sen Nathan-Pulliam, et al.  Juvenile Law – Truancy.

CH0708  SB0444 (Enrolled)  Sen Nathan-Pulliam, et al.  Task Force on the Social Determinants of Health in Baltimore City.

CH0709  SB0599 (Amended)  Sen Nathan-Pulliam, et al.  Baltimore County - Property Tax - Credit for Individuals at Least 70 Years Old.

CH0710  HB0800 (Amended)  Del Pena-Melnyk, et al.  State Board of Dental Examiners - Licensure - Faculty Members at the University of Maryland School of Dentistry.

CH0711  SB0934 (Amended)  Sen Nathan-Pulliam, et al.  State Board of Dental Examiners - Licensure - Faculty Members at the University of Maryland School of Dentistry.

CH0712  SB0245 (Enrolled)  Sens Robinson and Smith.  Procurement – Security Requirements – Forms.

CH0713  SB0616 (Enrolled)  Sen Robinson.  Baltimore City – Alcoholic Beverages – License Issuance, Transfer, and Expiration.

CH0714  SB1098 (Enrolled)  Sen Robinson, et al.  Baltimore City - Tax Sales - Water Liens.

CH0715  HB0908 (Amended)  Del Pena-Melnyk, et al.  Health Insurance - Coverage of Fertility Preservation Procedures for Iatrogenic Infertility.

CH0716  SB0271 (Enrolled)  Sen Mathias, et al.  Health Insurance - Coverage of Fertility Preservation Procedures for Iatrogenic Infertility.

CH0717  HB0744 (Enrolled)  Del Lafferty.  Transportation - Complete Streets Policy - Adoption.

CH0718  SB0850 (Enrolled)  Sen Mathias, et al.  Transportation - Complete Streets Policy - Adoption.

CH0719  SB1260 (Amended)  Sen Mathias.  Waterway Improvement Fund - Ocean City Inlet Dredging Study.

CH0720  SB0659 (Amended)  Sen Feldman.  Corporations - Transfer of Assets and Exchange of Shares of Stock.

CH0721  HB0535 (Enrolled)  Del Lierman, et al.  Transportation - Complete Streets Program - Establishment.

CH0722  SB0407 (Enrolled)  Sen Guzzone, et al.  Transportation - Complete Streets Program - Establishment.

CH0723  HB1018  Del B. Barnes (Chr Jt Com on Pnsns).  Pensions - Administrative and Operational Expenses - Limitation and Calculation.

CH0724  SB0784  Sen Guzzone (Chr Jt Com on Pnsns).  Pensions - Administrative and Operational Expenses - Limitation and Calculation.

CH0725  HB1049 (Amended)  Del B. Barnes.  State Police Retirement System - Deferred Retirement Option Program - Alterations.

CH0726  SB0895 (Amended)  Sen Guzzone.  State Police Retirement System - Deferred Retirement Option Program - Alterations.

CH0727  HB1012 (Enrolled)  Del B. Barnes (Chr Jt Com on Pnsns).  State Retirement and Pension System - Investment Division.

CH0728  SB0899 (Enrolled)  Sen Guzzone (Chr Jt Com on Pnsns).  State Retirement and Pension System - Investment Division.

CH0729  HB1635 (Amended)  Del Morhaim, et al.  Mental Health Law - Involuntary Admissions - Procedures.

CH0730  SB0947 (Amended)  Sen Rosapepe.  Mental Health Law - Involuntary Admissions - Procedures.

CH0731  HB1634 (Enrolled)  Del Frick, et al.  Financial Consumer Protection Act of 2018.

CH0732  SB1068 (Enrolled)  Sen Rosapepe, et al.  Financial Consumer Protection Act of 2018.

CH0733  SB0029  Sen Kagan.  State Government - Websites - Language Access.

CH0734  SB1045 (Amended)  Sen Kagan.  State Government - Grants and Contracts - Reimbursement of Indirect Costs.

CH0735  SB1053 (Enrolled)  Sen Kagan.  Property Tax Credit - 9-1-1 Public Safety Telecommunicators.

CH0736  HB0251 (Amended)  Del Kelly, et al.  Education - Family Life and Human Sexuality Curriculum - Boundaries and Consent.

CH0737  SB0402 (Amended)  Sen Zucker, et al.  Education - Family Life and Human Sexuality Curriculum - Boundaries and Consent.

CH0738  HB1596 (Enrolled)  Del Valderrama, et al.  Disclosing Sexual Harassment in the Workplace Act of 2018.

CH0739  SB1010 (Enrolled)  Sen Zucker, et al.  Disclosing Sexual Harassment in the Workplace Act of 2018.

CH0740  SB1165  Sen Waugh.  Procurement – Veteran–Owned Small Business Enterprise Participation.

CH0741  HB0110  St. Mary's County Delegation.  St. Mary's County - Inmate Release Programs.

CH0742  SB0450 (Amended)  Sens Waugh and Miller.  State Designations – State Paleontology Collection and Research Center – Calvert Marine Museum.

CH0743  HB0727 (Amended)  Calvert County Delegation.  State Designations - State Paleontology Collection and Research Center - Calvert Marine Museum.

CH0744  HB0815 (Amended)  Calvert County Delegation.  Calvert County - Procurement - Contracts and Bidding.

CH0745  SB0730  Sen Smith, et al.  Local Government - Municipal Elections - No-Excuse Absentee Voting.

CH0746  HB0829  Del A. Washington, et al.  Local Government - Municipal Elections - No-Excuse Absentee Voting.

CH0747  SB1037 (Amended)  Sen Smith.  Montgomery County – Fire and Explosive Investigator – Definition.

CH0748  SB1218 (Amended)  Sen Smith, et al.  Ending Youth Homelessness Act of 2018.

CH0749  SB1239 (Amended)  Sen Smith.  Appointment or Designation of Standby Guardian – Adverse Immigration Action.

CH0750  SB0118 (Enrolled)  Sen Ferguson.  Baltimore City - Board of License Commissioners - New Licenses, Waivers, and License Transfers.

CH0751  SB0480 (Enrolled)  Sen Ferguson.  Baltimore City - South Baltimore Gateway Community Impact District Management Authority - Distribution of Local Impact Grants.

CH0752  SB0859 (Enrolled)  Sen Ferguson, et al.  State Employees – Parental Leave.

CH0753  SB1099 (Amended)  Sen Ferguson, et al.  Baltimore City Police Department – Commission to Restore Trust in Policing and Audit Review.

CH0754  HB0022 (Enrolled)  Del Gibson, et al.  Baltimore City - Alcoholic Beverages - Hours of Sale - References to Park Heights Redevelopment Area.

CH0755  SB0809 (Enrolled)  Sens Robinson and Oaks.  Baltimore City - Alcoholic Beverages - Hours of Sale - References to Park Heights Redevelopment Area.

CH0756  HB0742 (Amended)  Chr HGO.  State Board of Professional Counselors and Therapists - Sunset Extension and Program Evaluation.

CH0757  SB0552 (Amended)  Chr EHE.  State Board of Professional Counselors and Therapists - Sunset Extension and Program Evaluation.

CH0758  HB0024  Del Jackson.  Public Safety - Maryland Police Training and Standards Commission Fund - Establishment.

CH0759  HB0064 (Enrolled)  Del Jackson.  Business Occupations - Real Estate Appraisers - Payment by Real Estate Appraisal Management Companies.

CH0760  HB0033 (Amended)  Del Lam, et al.  Guardianship of Disabled Persons - Voluntary Admission to Mental Facility.

CH0761  HB1393 (Amended)  Baltimore County Delegation.  Baltimore County - Alcoholic Beverages - Interest in Multiple Licenses.

CH0762  HB1395 (Amended)  Baltimore County Delegation.  Baltimore County – Alcoholic Beverages – Authorization for Issuing an Additional Class B License – Repealed.

CH0763  HB1396 (Amended)  Baltimore County Delegation.  Baltimore County - Alcoholic Beverages - Class B Beer, Wine, and Liquor License.

CH0764  HB1410 (Amended)  Baltimore County Delegation.  Baltimore County - Alcoholic Beverages Licenses - Expiration.

CH0765  HB1575 (Amended)  Baltimore County Delegation.  Baltimore County - Alcoholic Beverages - Multiple Class B Licenses.

CH0766  HB0108 (Amended)  Del Lafferty.  Department of Housing and Community Development - Baltimore Regional Neighborhood Initiative Program - Application Requirement.

CH0767  HB0130  Del Beidle, et al.  Video Lottery Terminal Proceeds - Local Impact Grants - Distribution to Communities Near Laurel Race Course.

CH0768  HB0230  Del Korman, et al.  Regional Greenhouse Gas Initiative - Withdrawal - Legislative Approval Required (Regional Greenhouse Gas Initiative Extension Act).

CH0769  HB0993 (Enrolled)  Del Korman, et al.  Maryland Pension Risk Mitigation Act.

CH0770  HB0417 (Amended)  PG Co Deleg and Mont Co Deleg.  Washington Suburban Sanitary Commission - Funding Accountability and Transparency Act PG/MC 111-18.

CH0771  HB0447 (Amended)  Del Barron, et al.  Pretrial Services Program Grant Fund - Establishment.

CH0772  HB0517 (Enrolled)  Del Hill, et al.  Prescription Drug Monitoring Program – Data Request Exemption – Surgical Procedures.

CH0773  HB0784 (Amended)  Dels Impallaria and Reilly.  Electric Facilities – Construction of Overhead Transmission Lines – Additional Notice Requirements.

CH0774  HB0822 (Enrolled)  Del Krimm.  Personnel and Pensions – Phased Retirement Plan.

CH0775  HB1254 (Amended)  Del A. Washington.  Education – School Discipline – Data Collection.

CH0776  HB0236  Prince George's County Delegation.  Prince George's County - Affordable Housing Commission PG 408-18.

CH0777  HB0238 (Enrolled)  Prince George's County Delegation.  Prince George’s County – Vehicle Laws – Authority to Tow Vehicles PG 418–18.

CH0778  HB0239 (Amended)  Prince George's County Delegation.  Prince George's County - Sales of Residential Real Property - Community Amenities - Advertising PG 412-18.

CH0779  HB0183  Prince George's County Delegation.  Prince George's County Environmental Justice Commission PG 411-18.

CH0780  HB0903  Del Parrott.  Washington County - Highway Parking - Prohibition on Prolonged Parking of Inoperable or Disabled Vehicle.

CH0781  HB0990 (Amended)  Del McMillan, et al.  Homestead Property Tax Credit - Notification on Acquisition of Property.

CH0782  HB1368 (Amended)  Dels McMillan and Dumais.  Grounds for Divorce - 12-Month Separation - Oral Amendment to Application for Divorce.

CH0783  HB1023 (Enrolled)  Del Clippinger, et al.  Juvenile Law – Witnesses – Body Attachment.

CH0784  HB1042  Del B. Barnes.  Law Enforcement Officers' Pension System - Benefit Cap Increase.

CH0785  HB1094 (Amended)  Dels Rosenberg and Waldstreicher.  Distribution of Electronic Cigarettes to Minors - Prohibition and Penalties.

CH0786  HB1096 (Enrolled)  Del Waldstreicher, et al.  State Government - Veteran Employment and Transition Success Program.

CH0787  HB1257 (Amended)  Del Rosenberg.  Residential Leases - Lease Option Agreements - Required Statements.

CH0788  HB1228  Dels Kelly and A. Miller.  Equal Employment Opportunity Program - Sexual Harassment Reporting.

CH0789  HB1245  Del McKay, et al.  Task Force on the Canal Place Preservation and Development Authority.

CH0790  HB1297 (Enrolled)  Dels Aumann and Frick.  Commercial Law - Consumer Loans and Credit - Miscellaneous Provisions.

CH0791  HB1423 (Amended)  Del Hettleman, et al.  State Personnel - Sexual Harassment Prevention Training - Required.

CH0792  HB1448 (Amended)  Del Vallario.  Clerks of the Courts - Traffic Fines - Installment Payments.

CH0793  HB1468 (Amended)  Del Beidle.  Transit - Job Access and Reverse Commute (JARC) Program.

CH0794  HB1506  Del Kramer.  Office of the Attorney General - Securities Commissioner - Asset Recovery for Exploited Seniors.

CH0795  HB1542 (Enrolled)  Del Lisanti, et al.  Department of Commerce – Employment in the State’s Defense Industry – Study.

CH0796  HB1597 (Enrolled)  Del Sydnor.  Occupational Licenses or Certificates – Application Determinations – Use of Criminal History – Reports.

CH0797  HB1598 (Enrolled)  Del Krebs.  Massage Therapists - Licenses and Registrations - Education and Display Requirements.

CH0798  HB1696 (Amended)  Del Reznik.  Task Force to Study Access to Home Health Care for Children and Adults With Medical Disabilities and Report on Home– and Community–Based Services.

CH0799  HB1747 (Amended)  Del Reznik.  Residential Child Care Programs - Statement of Need - Exceptions.

CH0800  HB0087 (Amended)  Baltimore County Delegation.  Baltimore County Board of Education – Nonstudent Member Compensation and Student Member Scholarships.

CH0801  HB0109 (Amended)  Del Lafferty.  Community Development Program Act of 2018.

CH0802  SB0821 (Amended)  Sen Madaleno, et al.  Community Development Program Act of 2018.

CH0803  HB0137 (Amended)  Del McConkey.  Transportation - Aviation - Nonairport Taxicab Operators at BWI.

CH0804  HB0158 (Amended)  Anne Arundel County Delegation.  Anne Arundel County Board of Elections - Salary.

CH0805  SB0049 (Amended)  Sen Simonaire.  Anne Arundel County Board of Elections - Salary.

CH0806  HB0175 (Enrolled)  Prince George's County Delegation.  Prince George’s County – Speed Monitoring Systems – Intersection of Old Fort Road and Maryland Route 210 (Indian Head Highway) PG 302–18.

CH0807  HB0225  Del Jacobs, et al.  Kent County - Orphans' Court Judges - Compensation.

CH0808  SB0173  Sen Hershey.  Kent County - Orphans' Court Judges - Compensation.

CH0809  HB0286  Del Dumais.  Circuit Court Clerks - Salary Increase.

CH0810  SB0668  Sen Zirkin.  Circuit Court Clerks - Salary Increase.

CH0811  HB0340  Howard County Delegation.  Howard County - Board of Education - Salaries Ho. Co. 17-18.

CH0812  HB0420  Del Lierman, et al.  Higher Education - Financial Aid - In-State Students (The Jill Wrigley Memorial Scholarship Expansion Act).

CH0813  SB0532 (Amended)  Sen Pinsky, et al.  Higher Education - Financial Aid - In-State Students (The Jill Wrigley Memorial Scholarship Expansion Act).

CH0814  HB0451 (Enrolled)  Del Jackson, et al.  State Personnel - Collective Bargaining - State Institutions of Higher Education.

CH0815  HB0524 (Enrolled)  Del Moon, et al.  Family Law - Protecting the Resources of Children in State Custody.

CH0816  SB0291  Sen Madaleno, et al.  Family Law - Protecting the Resources of Children in State Custody.

CH0817  HB0546 (Amended)  Del Davis, et al.  Prevailing Wage - Tax Increment Financing Developments - Application.

CH0818  SB0278 (Amended)  Sen Feldman, et al.  Prevailing Wage – Tax Increment Financing Developments – Application.

CH0819  HB0550  Charles County Delegation.  Charles County - Orphans' Court Judges - Salary.

CH0820  HB0554 (Amended)  Caroline County Delegation.  Caroline County, Dorchester County, and Kent County – Sheriffs’ Salaries.

CH0821  SB0436 (Amended)  Caroline County Senators.  Caroline County, Dorchester County, and Kent County – Sheriffs’ Salaries.

CH0822  HB0640  Del Dumais.  Register of Wills - Salary.

CH0823  SB0672  Sen Zirkin.  Register of Wills - Salary.

CH0824  HB0686 (Amended)  Del Luedtke, et al.  Income Tax - Wynne Case - Local Government Repayments to the Local Reserve Account.

CH0825  HB0740 (Amended)  Del Clippinger.  Commercial Law - Consumer Protection - Ticket Website Domain Names.

CH0826  SB0693 (Amended)  Sen Feldman, et al.  Commercial Law - Consumer Protection - Ticket Website Domain Names.

CH0827  HB0787 (Amended)  Del Dumais, et al.  Correctional Facilities - Pregnant Inmates - Medical Care.

CH0828  SB0629 (Amended)  Sen Kelley, et al.  Correctional Facilities - Pregnant Inmates - Medical Care.

CH0829  HB0809  Howard County Delegation.  Howard County - Sheriff's Salary Ho. Co. 8-18.

CH0830  HB0816 (Amended)  Del Lierman, et al.  Public-Private Partnership Agreements - Compensation Provisions and Noncompete Clauses - Alterations.

CH0831  HB0885  Del Shoemaker.  Carroll County - Board of Education - Compensation.

CH0832  SB0735  Carroll County Senators.  Carroll County - Board of Education - Compensation.

CH0833  SB0875 (Enrolled)  Sen Zucker.  Online Electioneering Transparency and Accountability Act.

CH0834  HB0981 (Enrolled)  Del A. Washington, et al.  Online Electioneering Transparency and Accountability Act.

CH0835  HB1103 (Amended)  Del Hettleman.  Higher Education – Private Career Schools, For–Profit Institutions of Higher Education, and For–Profit Online Distance Education Programs – Regulation.

CH0836  SB0795 (Enrolled)  Sen Pinsky, et al.  Higher Education – Private Career Schools, For–Profit Institutions of Higher Education, and For–Profit Online Distance Education Programs – Regulation.

CH0837  HB1115  Howard County Delegation.  Howard County - Orphans' Court Judges - Compensation Ho. Co. 7-18.

CH0838  HB1247 (Amended)  Anne Arundel County Delegation.  Anne Arundel County – Orphans’ Court Judges – Compensation.

CH0839  HB1286 (Amended)  Del Glenn, et al.  State Center - Redevelopment - Requirements, Participation, and Process.

CH0840  SB0614 (Enrolled)  Sen Robinson.  State Center - Redevelopment - Requirements, Participation, and Process.

CH0841  HB1357 (Amended)  Calvert County Delegation.  Calvert County - County Officials - Salaries.

CH0842  HB1454 (Amended)  Del A. Washington, et al.  Heritage Structure Rehabilitation Tax Credit – Commercial Rehabilitations – Affordable Housing.

CH0843  SB0967 (Enrolled)  Sen Ferguson, et al.  Heritage Structure Rehabilitation Tax Credit - Commercial Rehabilitations - Affordable Housing.

CH0844  HB1511 (Amended)  Del Mautz (By Request).  Credit Regulation - Mortgage Brokers - Finder's Fee.

CH0845  SB0566 (Amended)  Sen Serafini, et al.  Credit Regulation - Mortgage Brokers - Finder's Fee.

CH0846  HB1539 (Amended)  Del Lisanti, et al.  Labor and Employment – General Contractor Liability for Unpaid Wages.

CH0847  HB1544  The Speaker (Atty Gen Ofc), et al.  Commercial Law - Maryland Antitrust Act - Civil Penalty.

CH0848  SB0891  The President (Atty Gen Ofc), et al.  Commercial Law - Maryland Antitrust Act - Civil Penalty.

CH0849  SB0096  Sen Norman.  Family Law - Divorce on Grounds of Mutual Consent - Court Appearance.

CH0850  SB0120  Sen Zirkin.  Family Law - Divorce on Grounds of Mutual Consent - Parties With Minor Children.

CH0851  SB0400  Sen Conway (BCA), et al.  Baltimore Convention Facility - Operating Deficits and Capital Improvement Reserve Fund.

CH0852  SB0743 (Enrolled)  Sen Middleton.  Peer–to–Peer Car Sharing Programs.

CH0853  SB0900 (Amended)  Sens King and DeGrange.  Gaming - Fantasy Competitions - Regulation and Prohibition on Operation of Electronic Device.

CH0854  SB1206 (Enrolled)  Sen Kasemeyer, et al.  Transportation – Pride of Baltimore II – Funding and Reporting.

CH0855  HB0532 (Amended)  Del Reznik, et al.  Elective Franchise - Registration and Voting at Precinct Polling Place.

[18-13-14]

 

 

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 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

Notice of Final Action

[18-113-F]

On June 12, 2018, the Secretary of Natural Resources adopted amendments to:

(1) Regulation .02 under COMAR 08.02.05 Fish;

(2) Regulations .03, .09, and .10 under COMAR 08.02.15 Striped Bass; and

(3) Regulations .01 and .03 under COMAR 08.02.25 Gear.

This action, which was proposed for adoption in 45:9 Md. R. 464-467 (April 27, 2018), has been adopted as proposed.

Effective Date: July 2, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.13 State Collection Agency Licensing Board—Fees

Authority: Business Regulation Article, §§7-302, 7-302.1, and 7-306, Annotated Code of Maryland

Notice of Final Action

[17-244-F]

On May 10, 2018, the State Collection Agency Licensing Board adopted amendments to Regulation .02 under COMAR 09.03.13 State Collection Agency Licensing Board—Fees. This action, which was proposed for adoption in 44:21 Md. R. 987 (October 13, 2017), has been adopted as proposed.

Effective Date: July 2, 2018.

TONY SALAZAR
Maryland Collection Agency Licensing Board

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 01 PROCEDURES

10.01.05 Board of Review Procedures

Authority: Health-General Article, §§2-104(b)(1) and 2-207, Annotated Code of Maryland

Notice of Final Action

[18-071-F]

On May 31, 2018, the Secretary of Health adopted the repeal in their entirety of Regulations .01—.10 under COMAR 10.01.05 Board of Review Procedures. This action, which was proposed for adoption in 45:7 Md. R. 348—349 (March 30, 2018), has been adopted as proposed.

Effective Date: July 2, 2018.

ROBERT R. NEALL
Secretary of Health

 

Notice of Final Action

[18-048-F]

On May 31, 2018, the Secretary of Health adopted:

(1) Amendments to Regulations .01 and .06 under COMAR 10.01.09 Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board; and

(2) Amendments to Regulations .01, .03, .04, and .06, the repeal of existing Regulations .07, .08, .09, .09-1, .10, .11, .12, .14, .15, .16, .17, and .20―.23, amendments to and the recodification of existing Regulations .07-1, .07-2, .08-1, .09-2, .10-1, .11-1―.11-8, .12-1, .13, .14-1, .14-2, .15-1, .16-1, .17-1, .18, and .25 to be Regulations .08, .07, .09—.11, .14—.19, .12, .13, .20—.22, .24—.28, and .31, respectively, and the recodification of existing Regulations .19, .24, .26―.29, and .30 to be Regulations .29, .30, .32―.35, and .23, respectively, under COMAR 10.09.10 Nursing Facility Services.

This action, which was proposed for adoption in 45:7 Md. R. 349—356 (March 30, 2018), has been adopted as proposed.

Effective Date: July 2, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.69 Maryland Medicaid Managed Care Program: Rare and Expensive Case Management

Authority: Health General Article, §§15-102.1(b)(1) and 15-103(b)(4)(i), Annotated Code of Maryland

Notice of Final Action

[17-323-F]

On May 31, 2018, the Secretary of Health adopted the repeal of existing Regulation .02, new Regulations .02 and .18, and amendments to Regulations .03—.14 under COMAR 10.09.69 Maryland Medicaid Managed Care Program: Rare and Expensive Case Management. This action, which was proposed for adoption in 45:1 Md. R. 28—34 (January 5, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: July 2, 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 .01: In response to comments received, the Department has decided to retain the scope language under Regulation .01, which explains the purpose of the chapter. This will impact the codification of each subsequent regulation.

Regulation .02B(21): In response to comments received, language is being added to clarify that a family member is a person who is not paid to provide care under the REM program.

Regulation .02B(44): In response to comments received, language has been modified to clarify that physicians are individuals licensed or otherwise legally authorized to practice in the jurisdiction in which the services are rendered.

Regulation .03A(2), Regulation .04D, E, I, J and Regulation .05B: Regulation .07B, Regulation .08B(1), C(1), D(1), E(1), F(1), G(1), Regulation .09, Regulation .13A, Regulation .14D: Cross-references have been corrected.

Regulation .04A: In response to comments received, language will remain to clarify who may refer an individual to the REM program. This will change the lettering of each subsequent section of this regulation.

Regulation .05C(1): In response to comments received, language will remain to clarify that the REM case manager will gather all relevant information needed to determine a participant’s condition and needs.

Regulation .05D(2): In response to comments received, language is being added to clarify that a REM case manager will develop a plan of care in consultation with the participant’s family members as authorized by the participant, when possible.

Regulation .13B: In response to comments received, language will remain to adhere to mandatory language that the Department or its designee shall preauthorize services.

Regulation .18: In response to comments received, language is being added to cross-reference

[[.01]] .02 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1)(20) (proposed text unchanged)

(21) “Family member” means an adult who:

(a) (proposed text unchanged)

(b) Is not paid to provide the care under the REM program.

(22)—(43) (proposed text unchanged)

(44) “Physician” means an individual who is [[authorized under the Maryland Medical Practice Act to practice medicine in this State as stated in Health-General Article, §1-101, Annotated Code of Maryland]] licensed or otherwise legally authorized to practice in the jurisdiction in which the services are rendered.

(45)(60) (proposed text unchanged)

[[ [ ]] .03 [[ ] ]] [[.02 ]] REM Eligibility.

A. An individual is eligible to participate in the REM program if the individual:

(1) (proposed text unchanged)

(2) Has one or more of the diagnoses specified in Regulation [[ [ ]].17 [[ ] ]] [[.16]] of this chapter; and

(3) (text unchanged)

B. (text unchanged)

[[ [ ]].04 [[ ] ]] [[.03]] Participant Enrollment and Disenrollment.

[[ [ ]]A. Anyone may refer an individual into the REM program including, but not limited to a:

(1) Family member;

(2) Physician;

(3) Discharge planner;

(4) Hospital;

(5) Clinic;

(6) Social worker; and

(7) Managed care organization (MCO).[[ ] ]]

[[ [ ]] B.[[ ] ]] [[A.]][[ [ ]] C. [[ ] ]] [[B.]] (proposed text unchanged)

[[ [ ]] D. [[ ] ]] [[C.]] An individual shall be enrolled in or auto-assigned into an MCO as specified in COMAR 10.09.63, not later than 60 days from the date the individual becomes ineligible for REM, as a result of changes in the diagnosis or age group criteria specified in Regulation [[ [ ]] .17 [[ ] ]] [[.16]] of this chapter, except when the individual was allowed to remain in REM in accordance with [[ [ ]] §I [[ ] ]] [[§H]] of this regulation.

[[ [ ]] E. [[ ] ]] [[D.]] A REM participant may elect to disenroll from REM and enroll in an MCO by notifying the Department of that decision except when the individual was allowed to remain in REM in accordance with [[ [ ]] §I [[ ] ]] [[§H]] of this regulation.

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

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

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

[[ [ ]] I. [[ [ ]] [[H.]] The Department shall disenroll from the REM program a participant who no longer meets the conditions specified in Regulation [[ [ ]] .03 [[ [ ]] [[.02]] of this chapter unless:

(1) The participant does not meet the condition under Regulation [[ [ ]].03A(1) [[ ] ]] [[.02A(1)]] of this chapter because the participant becomes eligible for Medicare; and

(2) (proposed text unchanged)

[[ [ ]] J. [[ ] ]] [[I.]] An individual disenrolled from REM by the Department who maintains HealthChoice eligibility is subject to the MCO enrollment provisions specified in COMAR 10.09.63 except when the individual was allowed to remain in REM in accordance with [[ [ ]] §I [[ ] ]] [[§H]] of this regulation.

[[ [ ]] .05 [[ ] ]] [[.04]] Benefits.

A REM participant is eligible for the following:

A. (proposed text unchanged)

B. Services described in Regulations [[ [ ]] .10 [[ ] ]] [[.09]] and [[ [ ]] .11 [[ [ ]] [[.10]] of this chapter when determined medically necessary by the Department;

C. A case management assessment performed by a REM case manager who shall:

(1) Gather all relevant information [[ [ ]] needed [[ ] ]] to determine the participant’s condition and needs including the participant’s medical records;

(2)—(3) (text unchanged)

D. Case management services performed by a REM case manager who shall:

(1) (proposed text unchanged)

(2) Develop a plan of care in consultation with the participant, the participant’s family members as authorized by the participant when possible, the PCP, and other providers rendering care that:

(a)(b) (proposed text unchanged)

(3)—(7) (proposed text unchanged)

[[ [ ]] .06 [[ ] ]] [[.05 ]] (proposed text unchanged)

[[ [ ]] .07 [[ ] ]] [[.06 ]] Conditions for Participation—General Requirements.

A provider rendering services pursuant to this chapter shall:

A. (text unchanged)

B. Meet the provider qualification requirements specified in Regulation [[ [ ]].06[[ ] ]] [[.05]] of this chapter for its provider type;

C.—G. (proposed text unchanged)

[[ [ ]] .08 [[ ] ]] [[.07 ]]  Specific Conditions for Provider Participation.

A. (proposed text unchanged)

B. Chiropractic Service Providers. To participate in the Program, the chiropractic service provider shall:

(1) Meet the:

(a) Conditions set forth in Regulation [[ [ ]].07[[ ] ]] [[.06]] of this chapter; and

(b) (proposed text unchanged)

(2)(3) (proposed text unchanged)

C. Dental Service Providers. To participate in the Program, the dental service provider shall meet the:

(1) Conditions set forth in Regulation [[ [ ]].07[[ ] ]] [[.06]] of this chapter; and

(2) (text unchanged)

D. Nutritional Supplement Providers. To participate as a provider of nutritional supplements, a provider shall meet the:

(1) Conditions of participation as set forth in Regulation [[ [ ]].07[[ ] ]] [[.06]] of this chapter; and

(2) (text unchanged)

E. Shift Private Duty Nursing/CNA/CNA-CMT/HHA/HHA-CMT Providers. To participate as a provider agency for shift private duty nursing, CNA, CNA-CMT, HHA, or HHA-CMT services, a provider shall:

(1) Meet the conditions set forth in Regulation [[ [ ]].07[[ ] ]] [[.06]] of this chapter;

(2)—(8) (proposed text unchanged)

F. Occupational Therapy Providers. To participate in the Program as a provider of occupational therapy services, a provider shall:

(1) Meet the conditions set forth in Regulation [[ [ ]].07[[ ] ]] [[.06]] of this chapter;

(2)—(4) (proposed text unchanged)

G. Speech-Language Pathology Providers. To participate in the Program, a speech-language pathology provider shall:

(1) Meet the conditions set forth in Regulation [[ [ ]].07[[ ] ]] [[.06]] of this chapter;

(2)(4) (proposed text unchanged)

[[ [ ]] .09 [[ ] ]] [[.08]] Covered Services — General Requirements.

For participants in the REM program, the Program covers and shall reimburse for services specified in Regulations [[ [ ]] .10 [[ ] ]] [[.09]] and [[ [ ]] .11 [[ ] ]] [[.10]] of this chapter when these services are:

A.—F. (proposed text unchanged)

[[ [ ]] .10 [[ ] ]] [[.09 ]][[ [ ]] .12 [[ ] ]] [[.11 ]] (proposed text unchanged)

[[ [ ]] .13 [[ ] ]] [[.12]] Preauthorization Requirements.

A. Except for initial assessments unless otherwise specified, preauthorization by the Department or its designee is required for all services under Regulation [[ [ ]] .10 [[ [ ]] .11 of this chapter.

B. The Department or its designee [[ [ ]] shall issue preauthorization [[ ] ]] [[may preauthorize services]] when the Department:

(1)—(2) (text unchanged)

C. (proposed text unchanged)

[[ [ ]] .14 [[ ] ]] [[.13 ]] Payment Procedures — Request for Payment.

A.—C. (proposed text unchanged)

D. Effective July 1, 2011, the Department shall pay $388.55 for a case management assessment, as described in Regulation [[ [ ]] .05C [[ ] ]] [[.04C]] of this chapter.

E.F. (proposed text unchanged)

[[ [ ]] .15 [[ ] ]] [[.14 ]]—[[ [ ]] .17 [[ ] ]] [[.16 ]] (text unchanged)

[[.17]] .18 Appeals Procedures.

Appeal procedures are as set forth in COMAR 10.09.36 and 10.01.04.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 14 CANCER CONTROL

10.14.02 Reimbursement for Breast and Cervical Cancer Diagnosis and Treatment

Authority: Health-General Article, §§2-102, 2-104, and 2-105, Annotated Code of Maryland

Notice of Final Action

[18-073-F]

On May 31, 2018, the Secretary of Health adopted amendments to Regulations .04—.06 under COMAR 10.14.02 Reimbursement for Breast and Cervical Cancer Diagnosis and Treatment. This action, which was proposed for adoption in 45:7 Md. R. 356—357 (March 30, 2018), has been adopted as proposed.

Effective Date: July 2, 2018.

ROBERT R. NEALL
Secretary of Health

 

Notice of Final Action

[18-002-F]

On May 31, 2018, the Secretary of Health adopted:

(1) Amendments to Regulations .01, .03, .05, .06, and .09—.16 under COMAR 10.27.01 Examination and Licensure;

(2) Amendments to Regulations .01, .07, and .08 under COMAR 10.27.03 Nursing Education Programs;

(3) Amendments to Regulations .01, .02, and .08—.11 under COMAR 10.27.05 Practice of Nurse Midwifery;

(4) Amendments to Regulations .01 and .04—.06, amendments to and the recodification of existing Regulations .02 and .03 to be Regulations .03 and .02, respectively, the repeal of existing Regulation .08, and the recodification of existing Regulation .09 to be Regulation .08 under COMAR 10.27.07 Practice of the Nurse Practitioner;

(5) Amendments to Regulation .01 under COMAR 10.27.09 Standards of Practice for Registered Nurses;

(6) Amendments to Regulation .01 under COMAR 10.27.10 Standards of Practice for Licensed Practical Nurses;

(7) Amendments to Regulation .02 under COMAR 10.27.11 Delegation of Nursing Functions;

(8) Amendments to Regulations .02—.05, .07, and .08 under COMAR 10.27.12 Nurse Psychotherapists in Independent Practice — Clinical Nurse Specialists;

(9) Amendments to Regulations .01—.03, .06, and .07, the repeal of existing Regulations .04 and .05, and new Regulations .04 and .05 under COMAR 10.27.13 Safe Practice Committee;

(10) Amendments to Regulations .02—.05 and .09 under COMAR 10.27.16 Registered Nurse — Workers’ Compensation Medical Case Manager;

(11) Amendments to Regulations .01—.04 under COMAR 10.27.18 Monetary Penalties;

(12) Amendments to Regulations .01 and .03 under COMAR 10.27.19 Code of Ethics;

(13) Amendments to Regulations .02—.04 under COMAR 10.27.20 Management of Infusion Therapy by the Registered Nurse and the Licensed Practical Nurse;

(14) Amendments to Regulations .01 and .02, the repeal of existing Regulation .03, amendments to and the recodification of existing Regulations .04 and .06 to be Regulations .03 and .05, respectively, and the recodification of existing Regulations .05 and .07 to be Regulations .04 and .06, respectively, under COMAR 10.27.27 Practice of Clinical Nurse Specialist;

(15) Amendments to Regulations .01, .05, and .07—.09 under COMAR 10.39.01 Certification of Nursing Assistants;

(16) Amendments to Regulations .02 and .05 under COMAR 10.39.02 Nursing Assistant Training Programs;

(17) Amendments to Regulations .02 and .04—.06 under COMAR 10.39.04 Medication Technicians;

(18) Amendments to Regulation .01 under COMAR 10.53.01 Definitions;

(19) Amendments to Regulation .05 and the repeal of Regulation .10 under COMAR 10.53.02 Licensure;

(20) Amendments to Regulations .01 and .02 under COMAR 10.53.03 Electrology Examination;

(21) Amendments to Regulation .01 under COMAR 10.53.07 Electrologist’s Office; and

(22) The repeal of Regulation .01 under COMAR 10.53.11 Rehabilitation Committee.

At this time, the Secretary of Health is also withdrawing the proposed amendments to Regulations .01—.04 under COMAR 10.27.06 Practice of Nurse Anesthetist, which were printed in the same Notice of Proposed Action.

This action, which was proposed for adoption in 45:2 Md. R. 96—112 (January 19, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: July 2, 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:

COMAR 10.27.05.08B(2)(a): The Board received a comment from Public Policy Partners, an affiliate of the American College of Nurse Midwives (ACNM), noting that this language is no longer accurate, because nurse midwives must be nationally certified by the American Midwifery Certification Board (AMCB) and must participate in the Certification Maintenance Program. In response, COMAR 10.27.05.08B(2)(a) has been amended to reiterate that AMCB is a national certifying body recognized by the Board, as noted elsewhere in COMAR 10.27.05.

COMAR 10.27.05.08B(2)(c): Paragraph (c) has been deleted for two reasons. First, the requirement that nurse midwives enroll in the Continuing Competency Assessment Program of ACNM is obsolete. Second, the requirement that nurse midwives prove their enrollment in the AMCB Certification Maintenance Program is superfluous, because this enrollment is a necessary component of maintaining active national certification with AMCB, which is already a requirement as set forth in COMAR 10.27.05.08B(2)(a). Nurse midwives will not be adversely affected in any significant way by this change, because the change is clarifying, removes an obsolete requirement, and reduces redundancy.

 

Subtitle 27 BOARD OF NURSING

10.27.05 Practice of Nurse Midwifery

Authority: Health Occupations Article, §§8-101, 8-205, and 8-601—8-603, Annotated Code of Maryland

.08 Renewal of Certification.

A. (text unchanged)

B. Before a nurse midwife’s certification expires, the nurse midwife may renew the certification biennially if the nurse midwife:

(1) (proposed text unchanged)

(2) Submits to the Board:

(a) Documentation of a current national certification as a nurse midwife from [[a]] AMCB or another national certifying body recognized by the Board; and

(b) (proposed text unchanged)

[[(c) Proof of enrollment in the Continuing Competency Assessment Program of the A.C.N.M. or, if initially certified after January 1, 1996, proof of enrollment in the AMCB Certification Maintenance Program or other program approved by the Board; and]]

(3) (proposed text unchanged)

C.F. (proposed text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 34 BOARD OF PHARMACY

10.34.40 Pharmacists Prescribing Contraceptives

Authority: Health Occupations Article, §§12-101, 12-102(b), 12-205(a), and 12-511, Annotated Code of Maryland

Notice of Final Action

[18-042-F]

On May 31, 2018, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.34.40 Pharmacists Prescribing Contraceptives. This action, which was proposed for adoption in 45:4 Md. R. 212—213 (February 16, 2018), has been adopted as proposed.

Effective Date: July 2, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS

Notice of Final Action

[18-075-F]

On May 31, 2018, the Secretary of Health adopted:

(1) Amendments to Regulations .01 and .05 under COMAR 10.40.01 Examination and Post-Graduate Training; and

(2) Amendments to Regulation .02 under COMAR 10.40.08 Interpretation of Terms in the Maryland Podiatry Act.

This action, which was proposed for adoption in 45:7 Md. R. 363 (March 30, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: July 2, 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:

COMAR 10.40.08.02B(4): The change is being made so that the term being defined accurately reflects the term used in the Maryland Podiatry Act.

 

10.40.08 Interpretation of Terms in the Maryland Podiatry Act

Authority: Health Occupations Article, §16–205, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Practiced [[podiatry]] actively” means for the immediately preceding 5 years has been actively engaged in the practice of podiatric medicine for at least 400 hours on average per year.

(5) (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS

10.40.06 Advertising

Authority: Health Occupations Article, §§16–205(a)(1) and 16–311(a)(20), Annotated Code of Maryland

Notice of Final Action

[18-088-F]

On May 31, 2018, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.40.06 Advertising. This action, which was proposed for adoption in 45:8 Md. R. 431 (April 13, 2018), has been adopted as proposed.

Effective Date: July 2, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 43 BOARD OF CHIROPRACTIC EXAMINERS

10.43.07 Chiropractic Assistants

Authority: Health Occupations Article, §§3–205 and 3–404, Annotated Code of Maryland

Notice of Final Action

[18-076-F]

On May 31, 2018, the Secretary of Health adopted amendments to Regulation .05 under COMAR 10.43.07 Chiropractic Assistants. This action, which was proposed for adoption in 45:7 Md. R. 364 (March 30, 2018), has been adopted as proposed.

Effective Date: July 2, 2018.

ROBERT R. NEALL
Secretary of Health

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Notice of Final Action

[17-235-F]

On June 1, 2018, the Secretary of Public Safety and Correctional Services, in cooperation with the Commissioner of Correction, the Commissioner of Pretrial Detention and Services, and the Director of Patuxent Institution, adopted:

(1) The repeal of Regulations .01—.40 under COMAR 12.02.27 Inmate Discipline;

(2) New Regulations .01 — .34 under a new chapter, COMAR 12.03.01 Inmate Disciplinary Process under a new subtitle, Subtitle 03 Operations;

(3) The repeal of Regulations .01—.40 under COMAR 12.12.30 Inmate Discipline; and

(4) The repeal of Regulations .01—.40 under COMAR 12.16.02 Resident Discipline.

This action, which was proposed for adoption in 44:19 Md. R. 902—930 (September 15, 2017) and reproposed in 45:4 Md. R. 213—217 (February 16, 2018), has been adopted as reproposed.

Effective Date: July 2, 2018.

STEPHEN T. MOYER
Secretary of Public Safety and Correctional Services

Proposed Action on Regulations

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.02 Beauty Salons

Authority: Business Occupations and Professions Article, title 5, Annotated Code of Maryland

Notice of Proposed Action

[18-159-P]

The Board of Cosmetologists proposes to amend Regulation .01 under COMAR 09.22.02 Beauty Salons. This action was considered at a public meeting held on April 2, 2018.

Statement of Purpose

The purpose of this action is to amend current regulations to govern the licensure, operation, and inspection of mobile salons.

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 Erica Lewis, Acting Executive Director, Board of Cosmetology, Department of Labor, Licensing and Regulation, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6193, or email erica.lewis@maryland.gov, or fax to 410-333-6314. Comments will be accepted through July 23, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Board of Cosmetologists during a public meeting to be held on August 6, 2018, at 10 a.m., at the Department of Labor, Licensing, and Regulation, 500 North Calvert Street, Third Floor, Baltimore, MD 21202.

.01 Salon—General.

A.—C. (text unchanged)

D. Mobile Salons.

(1) All mobile units shall prominently display the name of the non-mobile beauty salon that serves as the mobile unit’s permanent base address on the outside of the unit.

(2) All health and safety rules governing cosmetology shall apply to mobile units unless otherwise specified.

(3) All storage containers, cabinets, and drawers shall have safety catches.

(4) All equipment not placed in storage cabinets or drawers shall be securely anchored.

(5) A ramp or lift shall be provided for access to the mobile unit if providing services for disabled individuals.

(6) Services may not be provided while the mobile unit is in motion.

(7) The owners of mobile units shall be responsible for adherence to all local, State, and federal laws and regulations regarding the operation of vehicles to be used as mobile units.

(8) An itinerary showing dates, locations, and times of service shall be made available, upon request, to an authorized representative of the board.

[D.] E.—[E.] F. (text unchanged)

ERICA LEWIS
Acting Executive Director
Board of Cosmetologists

 

Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS

09.23.04 Fees

Authority: Business Occupations and Professions Article, §§14-101, 14-208, 14-209, 14-306, 14-307, and 14-307.1, Annotated Code of Maryland

Notice of Proposed Action

[18-160-P]

The Board for Professional Engineers proposes to amend Regulation .03 under COMAR 09.23.04 Fees. This action was considered by the Board at a public meeting held on May 10, 2018, notice of which was published on the Board’s website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that a testing service fee to be paid by applicants in connection with a licensing examination shall be paid directly to the examination provider, the National Council of Examiners for Engineering and Surveying (NCEES), as such fee is established by the NCEES.

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 Steve Long, Executive Director, State Board for Professional Engineers, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6262, or email to steve.long@maryland.gov. Comments will be accepted through July 23, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board for Professional Engineers during a public meeting to be held on August 9, 2018, at 500 N. Calvert Street, 3rd Floor, Baltimore, MD 21202.

.03 Fees and Costs.

A. (text unchanged)

B. An applicant for the appropriate licensing examination shall pay the examination [or], re-examination, or testing service fees directly to the National Council of Examiners for Engineering and Surveying (NCEES), as these fees are established by NCEES.

C.—D (text unchanged)

[E. An applicant for the appropriate licensing examination shall pay to the Board or its designee a testing service fee of $110 in connection with the testing services.]

DR. STEVEN ARNDT, P.E.
Chairman
State Board for Professional Engineers

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.02 Physicians’ Services

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

Notice of Proposed Action

[18-155-P-I]

The Secretary of Health proposes to amend Regulation .07 under COMAR 10.09.02 Physicians’ Services.

Statement of Purpose

The purpose of this action is to update the Maryland Medicaid Professional Services Provider Manual and Fee Schedule that is incorporated by reference for January 2018. The 2018 Professional Services Fee Schedule includes new CPT codes for 2018, as well as a separate section for injectable/provider administered drugs (J codes).

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 July 23, 2018. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the 2018 Maryland Medical Assistance Program Professional Services Provider Manual (Effective January 2018) has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 45:1 Md. R. 8 (January 5, 2018), and is available online at www.dsd.state.md.us. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.07 Payment Procedures.

A.—C. (text unchanged)

D. The Maryland Medical Assistance Program’s procedures for payment are contained in the Professional Services Provider Manual and Fee Schedule (Effective January [2017] 2018). All the provisions of this document, unless specifically excepted, are incorporated by reference.

E.—Q. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.05 Dental Services

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

Notice of Proposed Action

[18-154-P-I]

The Secretary of Health proposes to amend Regulation .07 under COMAR 10.09.05 Dental Services.

Statement of Purpose

The purpose of this action is to update the incorporation by reference document, Maryland Medicaid Dental Services Fee Schedule and Procedure Codes CDT, to the most recent version (January 1, 2018) and clarify when providers may not bill the Department or the program participants.

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 A. Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 W. 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 July 23, 2018. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Maryland Medicaid Dental Fee Schedule and Procedures Codes CDT 2018 (Maryland Medical Assistance Program — Effective January 1, 2018) has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 45:1 Md. R. 8 (January 5, 2018), and is available online at www.dsd.state.md.us. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.07 Payment Procedures.

A.—D. (text unchanged)

E. The current Maryland Medicaid Dental Services Fee Schedule and Procedure Codes CDT is incorporated by reference, effective January 1, [2017] 2018.

F. (text unchanged)

G. The provider may not bill the Department or the participant for:

(1) (text unchanged)

(2) Broken or missed appointments; [or]

(3) Professional services rendered by mail or telephone; or

(4) Providing a copy of a participant’s medical record when requested by another licensed provider on the participant’s behalf.

H.—N. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.51 [Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)] Audiology Services

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

Notice of Proposed Action

[18-156-P]

The Secretary of Health proposes to amend Regulations .01, .02 and .04—.07, repeal existing Regulation .03, and adopt new Regulation .03 under COMAR 10.09.51 Audiology Services.

Statement of Purpose

The purpose of this action is to update the language for audiology services and expand audiology services to Maryland Medicaid participants 21 years old or older.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Department will expand the audiology program to include Maryland Medicaid participants 21 years old or older. The net total fund expenditure for this expansion is approximately $16,000,000 for FY 19.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$16,000,000

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$16,000,000

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. The State’s budget allocation for Fiscal Year 2019 provides for $16,000,000 in total funds to pay for the expansion of audiology services (hearing aids, cochlear implants) to Maryland Medicaid participants 21 years of age or older.

D. The proposed regulations expand audiology services to include Maryland Medicaid participants 21 years of age or older. Therefore, the Department anticipates that Medicaid participants who are newly eligible for audiology services will seek services from providers in Maryland. As a result, audiology providers will be able to be reimbursed for service and experience a revenue positive impact of $16,000,000.

Economic Impact on Small Businesses

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

The goal of the proposed action is to expand audiology services to Maryland Medicaid participants who are 21 years old or older. Many of the providers that would be affected by the changes in the regulations are small businesses and would benefit from the intended changes.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

The proposed action will enable adults who are at risk for or have a hearing impairment to receive hearing aids, cochlear implants, and auditory osseointegrated devices.

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 July 23, 2018. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

[(1) “Acquisition cost” means the actual cost of a product to a provider.

(2) “At risk for hearing impairment” means the condition of a recipient with a suspect or positive hearing screening or who possesses a risk factor listed on the High Risk Questionnaire as defined in COMAR 10.11.02.03.]

(1) “Audiologist” means a professional who is licensed in accordance with Regulation .02 of this chapter who treats hearing disorders and communication problems.

[(3)] (2)[Audiological] Audiology assessment” means procedures performed by an audiologist to evaluate and monitor the status of the peripheral auditory system, auditory nerve, and central auditory system, or to establish the site of the auditory disorder by using procedures to quantify and qualify hearing loss by site of lesion, on the basis of perceptual, physiological, or electrophysiological responses to acoustic stimuli, and to describe any communicative disorders.

[(4) “Audiological Center.

(a) “Audiological center” means a multispecialty setting with all necessary equipment for audiological services that operates for the purpose of providing preventive, diagnostic, therapeutic, rehabilitative, and palliative audiological services and other multispecialty services by or under the direction of a licensed practitioner.

(b) “Audiological center” does not include the office of one or more private audiologists regardless of whether the office is eligible or receives reimbursement from third-party payers as an audiological center, if that office provides services only within a single medical specialty or subspecialty.]

(3) Audiology Center.

(a) “Audiology center” means a multispecialty setting with all necessary equipment for audiology services that operates for the purpose of providing preventive, diagnostic, therapeutic, and rehabilitative audiology services, and other multispecialty services by or under the direction of a licensed physician or audiologist.

(b) “Audiology center” does not include the office of one or more private audiologists.

[(5)] (4)[Audiological] Audiology services” means services delivered by an audiologist to eligible [recipients] participants in order to diagnose and treat hearing problems [identified by an EPSDT screening provider].

[(6) “Audiologist” means a professional who is licensed or certified in accordance with Regulation .02 of this chapter who treats hearing disorders and communication problems.

(7) “Auditory brainstem response (ABR)” means a series of five or more evoked electrical potentials, generated within the VIIIth cranial nerve and the central auditory pathways in the brainstem, the measurement of which is used for hearing screening and audiological assessment, depending upon the protocol used.]

(5) “Auditory osseointegrated device” means a device implanted in the skull that replaces the function of the middle ear and provides mechanical energy to the cochlea via a mechanical transducer.

[(8)] (6)[Binaural hearing aid] Bilateral” means [separate amplification of,] relating to or involving both ears [simultaneously, which usually means two hearing aids, one for each ear].

(7) “Cochlear implant” means a device that is implanted under the skin that picks up sounds and converts them to impulses transmitted to electrodes placed in the cochlea, restoring some hearing to people with a hearing impairment.

[(9)] (8) “Department” [has the meaning stated in COMAR 10.09.36.01] means the Maryland Department of Health, the single State agency designated to administer the Medical Assistance Program under Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq.

(9) “Designee” means any entity designated to act on behalf of the Department.

(10)—(11) (text unchanged)

[(12) “Experimental treatment” means an audiological or hearing aid service that is clinically unproven.]

[(13)] (12) (text unchanged)

[(14)] (13) “Hearing aid dispenser” means a person who is licensed in accordance with Regulation .02 of this chapter to sell hearing aids or [provides] provide other hearing aid services.

[(15)] (14) “Hearing aid evaluation” means services provided to a [recipient] participant by an audiologist for determining the benefit of hearing aids and, upon the audiologist’s recommendation, the dispensing of hearing aids.

[(16) “Hearing screen” means the completed High Risk Questionnaire, an audiometric, pure tone air conduction test, or tympanometry performed by a physician, or certified nurse practitioner (CNP) to identify the need for a referred hearing screening.

(17) “High Risk Questionnaire” means the list of questions for delineating risk factors to identify neonates and infants who may be at risk for hearing impairment as defined in COMAR 10.11.02.03.

(18) “Infant” means a Maryland resident who is younger than 1 year old.

(19) “Jurisdiction” means a state or the District of Columbia.]

[(20)] (15) Maryland Medical Assistance Program (Program)[has the meaning stated in COMAR 10.09.36.01.] means the program of comprehensive medical and other health-related care for indigent and medically indigent individuals.

[(21)] (16) (text unchanged)

[(22) Monaural hearing aid” means a single hearing aid for use in one ear.]

(17) “Participant” means an individual who is enrolled with the Department to receive Medical Assistance services.

[(24)] (18) “Provider” means an audiologist, [audiological] audiology center, or hearing aid dispenser[:

(a) Licensed or certified in the jurisdiction in which services are rendered to provide services to recipients;

(b) That meets the requirements of Regulation .03B(3) of this chapter; and

(c) That through an appropriate agreement with the Department has been identified as a Program provider by the issuance of an individual account number] that is licensed and that, through an agreement with the Department, has been identified as a Program provider by the issuance of a provider number.

[(25) “Recipient” has the meaning stated in COMAR 10.09.36.01.]

(19) “Unilateral” means relating to, involving, or affecting one ear.

.02 Licensure [and Certification] Requirements.

A. In order to provide services as an audiologist under this chapter, an audiologist[:

(1) Shall] shall be licensed by the State Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists to practice audiology, as defined in Health Occupations Article, Title 2, Annotated Code of Maryland, or by the appropriate licensing body in the jurisdiction in which the [audiological] audiology services are performed[; or

(2) If providing services in a jurisdiction without licensure, shall meet the current standards set forth in 42 CFR §440.110, which is incorporated by reference].

B. (text unchanged)

.03 Conditions for Participation.

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

B. Specific requirements for participation in the Program as an audiologist, audiology center or group, or hearing aid dispenser are that the provider:

(1) Shall meet the licensure requirements in accordance with Regulation .02 of this chapter; and

(2) May not knowingly employ another person to provide services to Maryland Medical Assistance Program participants after that person has been disqualified from the Program unless prior approval has been received from the Department.

.04 Covered Services.

The Program covers the following medically necessary services [for EPSDT recipients who are at risk for hearing impairment]:

A. [Medically necessary audiological] Audiology services, as follows:

(1) [Audiological] For participants who are at risk for or have a hearing impairment, audiology assessments using procedures appropriate for the participant’s developmental age and abilities; and

[(2) Electrophysiological measures such as auditory brainstem response (ABR), otoacoustic emissions, and brainstem auditory evoked response for recipients, when one of the following criteria is met:

(a) Failure of the recipient to provide consistent behavioral responses to auditory signals, using procedures appropriate for the recipient’s developmental age;

(b) Presence of neuromotor involvement or behavioral disorder, or both, which precludes observation of consistent behavioral responses;

(c) Failure to respond to test signal intensities appropriate for the recipient’s developmental age, using developmentally appropriate test procedures;

(d) Presence of inconsistencies in the results of tests administered during the audiological assessment which suggest, but do not define, a hearing impairment;

(e) The Infant High Risk Questionnaire delineates a need; or

(f) A physician refers the infant for the service;]

[(3)] (2) Hearing aid evaluations and routine follow-up for participants with an identified hearing impairment, who currently use or are being considered for hearing aids; and

[(4) All services as listed on the Audiology Procedure Code and Fee Schedule, Revision 2010, contained in the Medical Assistance Audiology Provider Manual dated November, 2010; and]

B. [Medically necessary hearing aid] Hearing amplification services, as follows:

(1) [Hearing] Unilateral or bilateral hearing aids which are medically necessary and are:

(a) (text unchanged)

(b) Recommended and fitted by an audiologist in conjunction with written medical clearance from a physician who has performed a medical examination within the past 6 months;

(c) Sold on a 30-day trial basis; and

(d) Fully covered by a [repair] manufacturer’s warranty for a [period] minimum of 2 years, [at least 1 year of which is provided by the manufacturer] at no cost to the Program; [and]

[(e) Insured for loss or theft for a period of 2 years per hearing aid; and]

(2) Hearing aid accessories and services, as listed below:

(a)—(b) (text unchanged)

[(c) Chest harnesses or belts;

(d) Replacement receivers and cords;

(e) Tone hooks;

(f) Huggie aids;

(g) Protective coverings for hearing aids;

(h) Battery testers;

(i) Dehumidification kits;

(j) Hearing aid stethoscopes;

(k) Other amplification-related items recommended by an audiologist;]

[(l)] (c)[(m)] (d) (text unchanged)

[(n) Insurance policies as required by §B(1)(c) and (d) of this regulation; and

(o) Extended repair warranties.]

(e) Replacement of unilateral or bilateral hearing aids every 5 years when determined to be medically necessary; and

(f) Other hearing aid accessories determined to be medically necessary;

(3) Cochlear implants and related services, as listed below:

(a) Unilateral or bilateral implantation of cochlear implant or implants which are medically necessary including the cost of the device;

(b) Post-operative evaluation and programming of the cochlear implant or implants;

(c) Aural rehabilitation services; and

(d) Repair or replacement of cochlear implant device components subject to the limitations in Regulation .05 of this chapter; and

(4) Auditory osseointegrated device or devices and related services, as listed below:

(a) Unilateral or bilateral implantation of auditory osseointegrated devices which are medically necessary including the cost of the device;

(b) Non-implantable or softband device or devices for participants younger than 5 years old;

(c) Evaluation and programming of the auditory osseointegrated device or devices; and

(d) Repair or replacement, or both, of auditory osseointegrated device components subject to the limitations in Regulation .05 of this chapter.

.05 Limitations.

A. Covered audiology [and postoperative cochlear implant] services, including hearing aids, cochlear implants, and auditory osseointegrated devices are limited to:

[(1) Recipients under 21 years old who are referred for the service or have had cochlear implant surgery;]

[(2)] (1) [One audiological] Unless the time limitation is waived by the Program, one audiology assessment per year[, unless the time limitations are waived by the Program];

(2) The initial coverage of:

(a) Bilateral hearing aids for children younger than 21 years old;

(b) Unilateral hearing aids for participants 21 years old or older unless otherwise approved by the Department or its designee;

(c) Bilateral cochlear implants for participants younger than 21 years old;

(d) Unilateral cochlear implants for participants 21 years old or older;

(e) Bilateral auditory osseointegrated devices for participants younger than 21 years old; and

(f) Unilateral auditory osseointegrated devices for participants 21 years old or older;

(3) [One monaural or binaural] Replacement of unilateral or bilateral hearing [aid] aids once every [3] 5 years unless the Program approves more frequent replacement;

(4) Replacement of hearing aids, cochlear implants and auditory osseointegrated device components that have been lost, stolen, or damaged beyond repair, after all warranties [and insurance policies] have expired;

(5) Repairs and replacements that take place after all warranties [and insurance policies] have expired;

(6) A maximum of [48] 76 batteries per [recipient] participant per [year] 12-month period for a [monaural] unilateral hearing aid[,] or osseointegrated devices, or [96] 152 batteries per [recipient] participant per [year] 12-month period for [a binaural] bilateral hearing [aid,] aids or osseointegrated devices purchased from the Department not more frequently than every 6 months, and in quantities of [24] 38 or fewer for a [monaural] unilateral hearing aid, or [48] 76 or fewer for a [binaural] bilateral hearing aid;

(7) A maximum of [476] 180 disposable batteries for a unilateral cochlear implant per participant per [calendar year] 12-month period [,] or 360 disposable batteries per 12-month period for a bilateral cochlear implant purchased not more frequently than every 6 months, and in quantities of [238] 90 or fewer for a unilateral cochlear implant, or 180 or fewer for a bilateral cochlear implant;

(8) Two replacement cochlear implant component rechargeable batteries per 12-month period for bilateral cochlear implants, and a maximum of one replacement rechargeable battery for a unilateral cochlear implant;

(9) Two cochlear implant replacement transmitter cables per 12-month period for bilateral cochlear implants, and a maximum of one replacement transmitter cable for a unilateral cochlear implant;

(10) Two cochlear implant replacement headset cables per 12-month period for bilateral cochlear implants, and a maximum of one replacement headset cable for a unilateral cochlear implant; [and]

(11) Two replacement cochlear implant transmitting coils per 12-month period for bilateral cochlear implants, and a maximum of one replacement transmitting coil for a unilateral cochlear implant;

[(11)] (12) Charges for routine follow-ups and adjustments which occur more than 60 days after the dispensing of a new hearing aid[.];

(13) A maximum of two unilateral earmolds or four bilateral earmolds per 12-month period for participants younger than 21 years old; and

(14) A maximum of one unilateral earmold or two bilateral earmolds per 12-month period for participants 21 years old or older.

B. Services which are not covered are:

(1)—(3) (text unchanged)

(4) Cochlear implant [audiological] audiology services and external components provided less than 90 days after the surgery or covered through initial reimbursement for the implant and the surgery;

(5) Spare or backup cochlear implant [speech processors] components;

(6) [Upgrades to new generation hearing aids, equipment, cochlear implant speech processors, and other components if the existing devices are functional, repairable, and appropriately correct or ameliorate the problem or condition] Spare or back-up auditory osseointegrated device components;

(7) Replacement of hearing aids, equipment, cochlear implant [speech processors] components, and auditory osseointegrated device components [and other components] if the existing devices are functional, repairable, and appropriately correct or ameliorate the problem or condition;

(8) (text unchanged)

(9) Repairs to spare or backup hearing aids, cochlear implants, auditory osseointegrated devices, equipment, or supplies;

(10) Investigational[,] or experimental[, or ineffective] services or devices, or both;

[(11) Educationally or socially needed services or equipment;]

[(12)] (11) Replacement of improperly fitted earmold or earmolds unless the:

(a)—(b) (text unchanged)

[(13)] (12)[(14)] (13) (text unchanged)

.06 Preauthorization Requirements.

[A. The Department shall issue preauthorization for EPSDT Audiology Services when the provider:

(1) Meets Program procedures and limitations; and

(2) Submits to the Department adequate documentation demonstrating that the services to be preauthorized are necessary, as stated in COMAR 10.09.23.07.]

[B.] A. The [Program] Department requires preauthorization for the following [audiology] services:

(1) [Certain] All hearing aids;

[(2) Unlisted hearing aid accessories; and

(3) Unlisted post-cochlear implant external components.]

(2) Certain hearing aid accessories;

(3) All cochlear implant devices and replacement components except microphone, transmitter cables, and transmitting coils;

(4) All auditory osseointegrated devices; and

(5) Repairs for hearing aids, cochlear implants, and auditory osseointegrated components exceeding $500.

[C.] B. Preauthorization [for audiology services expires] is valid:

(1) For services rendered or initiated within 6 months [from the authorized span of time that is issued by the Department and is valid if the recipient is eligible at the time the service is rendered to the recipient.] from the date the preauthorization was issued; and

(2) If the patient is an eligible participant at the time the service is rendered.

[D.] C. The following written documentation shall be submitted by the provider to the Department or its designee with each request or preauthorization of hearing [aid that requires preauthorization] aids, cochlear implants, or auditory osseointegrated devices:

(1) Audiology report documenting medical necessity of the hearing aids, cochlear implants or auditory osseointegrated devices;

[(2) Audiogram; and

(3) Written medical approval by a physician.]

(2) Interpretation of the audiogram; and

(3) Medical evaluation by a physician supporting the medical necessity of the hearing aids, cochlear implants, or auditory osseointegrated devices within 6 months of the preauthorization request.

.07 Payment Procedures.

[A. Providers shall submit requests for payment for audiology services as stated in COMAR 10.09.36.04.]

A. To obtain compensation from the Department for covered services, the provider shall submit a request for payment using the format designated by the Department.

B. Audiology services are reimbursed [according to] in accordance with COMAR 10.09.23.01-1.

[C. Audiologists, audiological centers, and hearing aid dispensers shall charge the Program customary charges, not exceeding those charged to the general public for similar professional services. If the service is free to individuals not covered by Medicaid:

(1) The provider:

(a) May charge the Program; and

(b) Shall be reimbursed in accordance with §B of this regulation; and

(2) The provider’s reimbursement is not limited to the provider’s customary charge.

D. The provider shall charge the Program the acquisition cost for certain hearing aids, accessories, external cochlear implant accessories, and supplies.

E. The provider shall itemize all hearing aid and external cochlear implant charges including accessories, supplies, shipping or handling, or both, insurance, and warranties.

F. The provider shall submit the request for payment on the form designated by the Department.]

C. The provider shall be paid the lesser of:

(1) The provider’s customary charge to the general public, unless the service is free to individuals not covered by Medicaid; or

(2) The rate in accordance with the Department’s fee schedule.

[G.] D. The provider may not bill the Department or participant for:

(1)—(3) (text unchanged)

[H.] E. [Audiological] Audiology centers licensed as a part of a hospital may charge for and be reimbursed according to rates approved by the Health Services Cost Review Commission (HSCRC), set forth in COMAR 10.37.03.

[I.] F. The provider shall refund to the [Program] Department payment for hearing aids, supplies, or both, that have been returned to the manufacturer within the 30-day trial period.

[J.] G. The provider shall give the [Program] Department the full advantage of any and all manufacturer’s [warranty] warranties and trade-ins offered on hearing aids, equipment, or both.

[K. The Program shall reimburse for covered services at the lesser of:

(1) The provider’s customary charge to the general public unless the service is free to individuals not covered by Medicaid; or

(2) The Program’s fee schedule; or

(3) The provider’s acquisition cost for the following services:

(a) Hearing aids, accessories, and supplies; and

(b) External cochlear implant accessories and supplies.

L. The Program reserves the right to return to the provider, before payment, all invoices not properly signed, completed, and accompanied by properly completed forms required by the Department.]

[M.] H. Unless preauthorization has been granted by the [Program] Department or its designee, the [Program] Department is not responsible for any reimbursement to a provider for any service provided which requires preauthorization.

[N.] I. The [Program] Department may not make direct payment to [recipients] participants.

[O.] J. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 13 DRUGS

10.13.03 Guidelines for Co-Prescribing Opioid Overdose Reversal Drugs

Authority: Health-General Article, §§2-104(b), 13-3501, and 13-3502, Annotated Code of Maryland

Notice of Proposed Action

[18-153-P]

The Secretary of Health proposes to adopt new Regulations .01—.04 under a new chapter, COMAR 10.13.03 Guidelines for Co-Prescribing Opioid Overdose Reversal Drugs.

Statement of Purpose

The purpose of this action is to provide guidance to healthcare practitioners, who are prescribing opioids to treat a patient’s pain or an opioid use disorder, in determining the appropriate circumstances in which to consider prescribing an opioid overdose reversal drug. These guidelines are being promulgated in accordance with H.B. 1329/S.B. 967 Heroin and Opioid Prevention Effort (HOPE) and Treatment Act of 2017 (Chs. 571 and 572, Acts of 2017).

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 July 23, 2018. A public hearing has not been scheduled.

.01 Scope.

This chapter applies to all licensed health care practitioners who may prescribe an opioid overdose reversal drug to an individual who:

A. May be at an elevated risk of experiencing an opioid overdose including, but not limited to, an individual who:

(1) Is receiving an opioid for chronic pain;

(2) Is receiving an opioid and a prescription for a benzodiazepine; or

(3) Has an opioid use disorder; or

B. Resides or spends time with an individual who:

(1) Is prescribed opioids;

(2) Misuses opioids; or

(3) Has an opioid use disorder.

.02 Definitions.

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

B. Terms Defined.

(1) “Co–prescribed” means, with respect to an opioid overdose reversal drug, the practice of prescribing the drug in conjunction with an opioid prescription for a patient at an elevated risk of overdose.

(2) “Department” means the Maryland Department of Health.

(3) “Monitored prescription drug” means a prescription drug that contains a Schedule II, Schedule III, Schedule IV, or Schedule V controlled dangerous substance designated under Criminal Law Article, Title 5, Subtitle 4, Annotated Code of Maryland.

(4) “Opioid overdose reversal drug” means a drug that:

(a) Rapidly reverses the respiratory depressant effects of an opioid medication; and

(b) Is approved by the federal Food and Drug Administration for the treatment of a known or suspected opioid overdose.

(5) “Prescribing licensed health care provider” means an individual who is authorized by law to prescribe a monitored prescription drug.

(6) “Risk factor” means a characteristic, condition, behavior, or any variable that increases the likelihood of developing a disease or injury.

(7) “Secretary” means the Secretary of the Maryland Department of Health.

(8) Targeted Patient Population.

(a) “Targeted patient population” means an individual likely to experience or witness an opioid overdose.

(b) “Targeted patient population” includes, but is not limited to, an individual who:

(i) Is being prescribed opioids for acute, if appropriate, or chronic pain;

(ii) Is being treated for an opioid use disorder;

(iii) Is receiving a prescription for an opioid and a benzodiazepine; or

(iv) Resides or spends time with an individual who is prescribed opioids, misuses opioids, or has an opioid use disorder.

.03 General Provisions.

A. When determined appropriate by the prescribing licensed health care provider, targeted patient populations may be co-prescribed an opioid overdose reversal drug, if the individual is at an elevated risk of experiencing an opioid overdose by virtue of belonging to one or more categories of the targeted patient population.

B. Responsibilities of the Prescribing Licensed Health Care Provider.

(1) Risk Monitoring.

(a) It is suggested that the licensed health care provider routinely assess patients for their risk of being likely to experience or witness an opioid overdose.

(b) The prescriber may utilize additional sources of information for determining a patient’s opioid overdose risk including, but not limited to:

(i) Checking the Maryland Prescription Drug Monitoring Program;

(ii) Reviewing medical records; and

(iii) Soliciting family input, if appropriate.

(2) Education. If a patient is assessed to be at risk of an opioid overdose, the prescriber may educate the patient about,, including but not limited to, the following areas:

(a) The risks of an opioid overdose; and

(b) How to identify and respond to an opioid overdose.

(3) Documentation. Licensed health care providers should document education and clinical services related to the provision of an opioid overdose reversal drug in their patients’ medical records in accordance with the standard of care.

.04 Additional Guidelines.

The Secretary may make the following additional clinical guidance available on the Department’s website:

A. Any available opioid overdose reversal drug formulations, corresponding prescribing templates, and any standing order for these drugs; and

B. Any other applicable information deemed necessary by the Secretary.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 22 DEVELOPMENTAL DISABILITIES

10.22.16 Informal Hearings Under the Maryland Developmental Disabilities Law

Authority: Health-General Article, §§7-401 and 7-406, Annotated Code of Maryland

Notice of Proposed Action

[18-157-P]

The Secretary of Health proposes to amend Regulation .03 under COMAR 10.22.16 Informal Hearings Under the Maryland Developmental Disabilities Law.

Statement of Purpose

The purpose of this action is to clarify the definition of “action or inaction of the Secretary” by including clearly defined actions relating to Informal Hearing Rights.

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 July 23, 2018. A public hearing has not been scheduled.

.03 Definitions.

A. In [these regulations] this chapter the following terms have the meanings indicated.

B. Terms Defined.

[(1) “Action or inaction of the Secretary” means any decision or other official action by the Director of the Administration or an authorized representative of the Director, or the failure to issue or implement an official decision or to take certain action within the authority of the Director or the Director’s authorized representative. Action includes, but is not limited to, the denial of services or the significant alteration in the provision of services to an individual including the termination, reduction, suspension, or withdrawal of services, or the transfer of an individual.]

(1) “Action or inaction of the Secretary” means a decision of the Deputy Secretary or an authorized representative of the Deputy Secretary, that:

(a) Denies an application by an individual for eligibility for services;

(b) Denies a request for services made by a recipient of services;

(c) Terminates, reduces, suspends, or withdraws services for a recipient of services; or

(d) Otherwise denies a request made by a recipient of services that is related to DDA services.

(2)—(12) (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 27 BOARD OF NURSING

Notice of Proposed Action

[18-162-P]

The Secretary of Health proposes to amend:

(1) Regulations .02, .03, and .08 under COMAR 10.27.21 Registered Nurse — Forensic Nurse Examiner; and

(2) Regulations .02 and .07 under COMAR 10.27.26 Sanctioning Guidelines.

This action was considered at a public meeting of the Board of Nursing held on November 15, 2017, notice of which was given by publication on the Board’s website from January 3, 2017, through November 15, 2017, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the regulations for Registered Nurse Forensic Examiners and Sanctioning Guidelines to conform to the changes made to the Nurse Practice Act during the 2017 legislative session (Chs. 515 and 516, Acts of 2017) to include all licensees and certificate holders regulated by the Board of Nursing and add language to include registered nurses and licensed practical nurses who have a multistate licensure privilege to practice nursing in this State under the Nurse Licensure Compact. This proposal also changes the name of the Rehabilitation Program to the Safe Practice Program.

 

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 July 23, 2018. A public hearing has not been scheduled.

 

10.27.21 Registered Nurse — Forensic Nurse Examiner

Authority: Health Occupations Article, §§8-205 and 8-312, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)―(9) (text unchanged)

(10) “Multistate licensure privilege” has the meaning set forth in COMAR 10.27.01.01B.

[(10)] (11)[(15)] (16) (text unchanged)

(17) “Registered nurse” means an individual who:

(a) Is licensed by the Board to practice registered nursing; or

(b) Has a multistate licensure privilege to practice registered nursing.

[(16)] (18) (text unchanged)

[(17)] (19) “RN-FNE Educator” means an individual who:

(a) Has a current:

(i) (text unchanged)

(ii) Multistate [licensing] licensure privilege to practice registered nursing under the Nurse Licensure Compact; or

(iii) (text unchanged)

(b)―(c) (text unchanged)

[(18)] (20)[(26)] (28) (text unchanged)

.03 Authorization to Practice.

A. (text unchanged)

B. An applicant applying for certification to practice as an RN-FNE-A, RN-FNE-P or RN-FNE-AP shall:

(1) Either:

(a) Hold a current license to practice as a registered nurse in Maryland; or

(b) Have a multistate licensure privilege to practice registered nursing;

(2)―(5) (text unchanged)

C.―E. (text unchanged)

.08 Reinstatement of Certification.

A. If the applicant does not meet the requirements in Regulation .07 of this chapter, the applicant may apply for re-instatement if the applicant:

(1) Either:

(a) Has a current, active RN license; or

(b) Has a multistate licensure privilege to practice registered nursing;

(2)―(4) (text unchanged)

B.―C. (text unchanged)

 

10.27.26 Sanctioning Guidelines

Authority: Health Occupations Article, §§1-606, 8-205(a)(1), 8-316, 8-6A-10, and 8-6B-18, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Certificate holder” means an individual who has been issued a certificate by the Board to practice as a certified nursing assistant, or a certified medication technician.

(3)―(4) (text unchanged)

(5) “Licensee” means an individual who [has]:

(a) Has been issued a license by the Board to practice as [a]:

(i) A registered nurse[,];

(ii) A licensed practical nurse[, or as an];

(iii) An advanced practice registered nurse;

(iv) An electrologist[,]; or

(v) A licensed direct-entry midwife; or

(b) Has a multistate licensure privilege to practice licensed practical nursing or registered nursing under the Nurse Licensure Compact.

(6) “Multistate licensure privilege” has the meaning set forth in COMAR 10.27.01.01B.

[(6)] (7)—[(7)] (8) (text unchanged)

.07 Sanctioning Guidelines.

Subject to the provisions of this chapter, the Board may impose sanctions for violations of the Maryland Nurse Practice Act and its regulations according to the guidelines set forth in the following categories:

A.―L. (text unchanged)

 

_______________________________________

 

 

M. Expulsion from [Rehabilitation] Safe Practice Program.

 

Severity

Tier/Conduct

Sanction Range

Monetary Penalty Range

Minimum

Maximum

Minimum

Maximum

N/A

Is expelled from the [Rehabilitation] Safe Practice Program established under Health Occupations Article, §8-208, Annotated Code of Maryland, for failure to comply with the conditions of the program.

(text unchanged)

ROBERT R. NEALL
Secretary of Health

_______________________________________

 

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 08 STUDENTS

13A.08.01 General Regulations

Authority: Education Article, §§2-205, 7-101, 7-101.1, 7-301, 7-303—7-305, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912

Notice of Proposed Action

[18-158-P]

The Maryland State Board of Education proposes to repeal Regulation .06 under COMAR 13A.08.01 General Regulations. This action was considered at the April 24, 2018, meeting of the State Board of Education.

Statement of Purpose

The purpose of this action is to repeal the regulation because it is out-of-date. The provisions of the regulation are covered in Education Article, §§7-301 and 7-301.1, Annotated Code of Maryland and in COMAR 13A.05.05.01—.04 Programs of Pupil 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 Walter J. Sallee, Director, Student Services and Strategic Planning, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-1407 (TTY 410-333-6442), or email to walter.sallee@maryland.gov, or fax to 410-333-0880. Comments will be accepted through July 23, 2018. 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 28, 2018, 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

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

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 15 UNFAIR TRADE PRACTICES

31.15.09 Automobile Liability Insurance

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

Notice of Proposed Action

[18-161-P]

The Insurance Commissioner proposes to repeal Regulations .01 and .02 under COMAR 31.15.09 Automobile Liability Insurance.

Statement of Purpose

The purpose of this action is to repeal COMAR 31.15.09 Automobile Liability Insurance. These regulations state that if an insurer intends to cancel an insured’s automobile policy, the agent on the policy cannot contact the insured and suggest that the insured cancel first, in order to prevent the policy cancellation from going on the agent’s record. At that point, an agent would have calculated the premium refund on a short rate basis instead of a pro-rata basis, resulting in a smaller refund to the insured. Because this practice is now outdated and insurers, rather than agents, calculate premium refunds, these regulations are obsolete and can be repealed.

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 Tyler Hoblitzell, Legislative and Regulatory Analyst, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2488, or email to insuranceregreview.mia@maryland.gov, or fax to 410-468-2020. Comments will be accepted through July 23, 2018. A public hearing has not been scheduled.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

 

Errata

COMAR 10.27.01.10

At 45:2 Md. R. 98 (January 19, 2018), column 2, lines 24—40 from the top:

 

For:

B. [Applicants unable to obtain certification of oral competency in the English language, which is required in §A(3)(e) of this regulation, from the school of nursing or the state of original licensure, may evidence of competency by obtaining a minimum passing score, as determined by the Board, on the Test of Spoken English administered by the Educational Testing Service before applying for licensure] An applicant who is unable to prove proficiency in the English language in accordance with Health Occupations, §8-302(e), Annotated Code of Maryland, may be required to submit evidence of competency in the English language by obtaining a minimum passing score on a Board-approved English language competency examination in accordance with Regulation .05C of this chapter.

C. (text unchanged)

[D. A license may not be issued until the Board has:

(1) Received and reviewed the criminal history records information; and

(2) Approved the application.]

 

Read:

B. (text unchanged)

C. [Applicants unable to obtain certification of oral competency in the English language, which is required in §A(3)(e) of this regulation, from the school of nursing or the state of original licensure, may evidence of competency by obtaining a minimum passing score, as determined by the Board, on the Test of Spoken English administered by the Educational Testing Service before applying for licensure] An applicant who is unable to prove proficiency in the English language in accordance with Health Occupations, §8-302(e), Annotated Code of Maryland, may be required to submit evidence of competency in the English language by obtaining a minimum passing score on a Board-approved English language competency examination in accordance with Regulation .05C of this chapter.

D. (text unchanged)

[E. A license may not be issued until the Board has:

(1) Received and reviewed the criminal history records information; and

(2) Approved the application.]

[18-13-22]

 

 

Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

WATER MANAGEMENT ADMINISTRATION

Notice of Tentative Determination and Public Hearing — Modification of the General Permit for Discharges of
Stormwater Associated with Industrial Activity No. 12SW-A, NPDES Permit MDR00

General Discharge Permit No. 12SW (NPDES No. MDR00) regulates stormwater discharges from various federal discharge categories of industrial facilities in the state of Maryland.  The Department proposes to modify the state/NPDES (National Pollution Discharge Elimination System) General Permit for Discharges of Stormwater Associated with Industrial Activities with revisions to the restoration requirements in the current permit as summarized here: (1) authorizes trading as an option for meeting restoration requirements; (2) extends opportunity for generating marketable credits to those facilities who otherwise have no restoration requirements; (3) includes specific reporting requirements when trading is occurring; and (4) extends deadline for restoration requirements to December 31, 2020.

The fact sheet and draft modification permit is available on MDE’s website (direct shortcut link is http://9nl.at/MD-SWGP). The modification will replace pages 9 through 12 and add an Appendix G to the current permit. The current permit is available on this page as well.

The Department will hold a public hearing concerning the tentative determination on Tuesday, July 24 at 1pm in the Terra Conference Room at the Maryland Department of the Environment, 1800 Washington Blvd, Baltimore, MD 21230. 

Persons who wish to present information regarding the tentative determination may speak at the public hearing, submit written comments at the public hearing, or submit a written statement to the Department no later than July 31, 2018. All comments will be considered in making a final determination.

Written comments should be addressed to the Maryland Department of the Environment, Water and Science Administration, 1800 Washington Blvd., Baltimore, Maryland 21230-1708, Attn.: Mr. Michael Richardson, Chief, Industrial and General Permits Division.  The supporting information for the tentative determination, including the draft permit and fact sheet, may be reviewed by contacting Mr. Richardson at the above address or by telephone at (410) 537-3323 or 1-800-633-6101 to schedule an appointment. Copies of documents may be procured at a cost of $0.36 per page.

Any hearing-impaired person may request an interpreter to be present at the public hearing by giving ten working days notice to Mr. Richardson at the address or telephone number listed above.

[18-13-17]

 

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DRAFT COMMUNITY SERVICES BLOCK GRANT STATE PLAN

Per 42 U.S.C. 106 §9908(a)(1)(B), the Maryland Department of Housing and Community Development (the “Department”) is required to make the Community Services Block Grant available for public review. To that end, the Department has posted on its website, the draft Community Services Block Grant State Plan for Federal Fiscal Years 2019-2020 for a 30 day public comment period closing on Monday, July 23, 2018.  The draft State Plan is available at http://www.dhcd.maryland.gov/communities/pages/programs/csbg.aspx.  Please address comments to Michelle Bass (301-429-7510), Project Director, Department of Housing and Community Development, 7800 Harkins Road, Lanham, Maryland 20706.

 

[18-13-21]

 

______________________________

 

MARYLAND HEALTH CARE COMMISSION

SCHEDULES FOR CERTIFICATE OF NEED REVIEW

The Maryland Health Care Commission provides the following updated schedule to interested members of the public and sponsors of health care facility and service projects subject to Certificate of Need (“CON”) review and approval.

The general criteria for Certificate of Need review are set forth at COMAR 10.24.01.08G(3). An applicant must demonstrate that the proposed project is consistent with these review criteria.  It will be noted that the first criterion is evaluation of the project according to all relevant State Health Plan standards, policies and criteria.  

This Certificate of Need review schedule updates the  Freestanding Ambulatory Surgical Facility Projects schedule published in the Maryland 7Register, Volume 45, Issue 10, pages 547-550 (May 11, 2018). All other schedules published on May 11, 2018 remain in effect.  This review schedule is not a solicitation by the Commission for Certificate of Need applications, and does not indicate that additional capacity is needed in services subject to Certificate of Need review or that Certificate of Need applications submitted for the services described will be approved by the Commission.

Applicants are encouraged to discuss their development plans and projects with the Commission Staff prior to filing letters of intent or applications.

Letters of Intent and applications for scheduled reviews may only be received and reviewed according to these published schedules.   All Letters of Intent and Certificate of Need applications, including all of the required number of copies of CON applications, must be received at the offices of the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215, no later than 4:30 p.m. on the scheduled date of submission.  Letters of intent for projects not covered by this review schedule may be filed at any time.

For further information about review schedules or procedures, call Kevin McDonald, Chief, Certificate of Need, at (410) 764-5982.

 

Freestanding Ambulatory Surgical Facility Projects

The Commission hereby publishes the following schedules for the submission of applications to establish freestanding ambulatory surgical facilities, add operating rooms at an existing freestanding ambulatory surgical facility, or make a capital expenditure by or on behalf of a freestanding ambulatory surgical facility that requires Certificate of Need review and approval.  The definition of freestanding ambulatory surgical facility can be found at Health-General Article §19-114(b).

 

Schedule One

Freestanding Ambulatory Surgical Facility Projects

 

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Western Maryland

November 2, 2018

November 14, 2018

January 4, 2019

Central Maryland

December 7, 2018

December 19, 2018

February 8, 2019

Eastern Shore

July 6, 2018

July 18, 2018

September 7, 2018

Montgomery & Southern Maryland

August 3, 2018

August 15, 2018

October 5, 2018

 

Schedule Two
Freestanding Ambulatory Surgical Facility Projects

 

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Western Maryland

May 3, 2019

May 15, 2019

July 5, 2019

Central Maryland

June 7, 2019

June 19, 2019

August 9, 2019

Eastern Shore

January 4, 2019

January 16, 2019

March 8, 2019

Montgomery & Southern Maryland

February 1, 2019

February 13, 2019

April 5, 2019

 

[18-13-20]

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 10, 2018, 5:30 — 7:30 p.m.

Place: Judicial College Education and Conference Center, Annapolis, MD

Contact: David Soule (301) 403-4165

[18-13-04]

 

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF HEALTH SERVICES

Subject: Public Notice for State Plan Amendment to Expand Family Planning Program Eligibility

Add'l. Info: Pursuant to Maryland S.B. 774/H.B. 994 of 2018, the Department proposes to move the Family Planning Program (Program) into the State Plan. Effective July 1, 2018 this SPA expands Program eligibility and matches Program income limits to existing income limits for pregnant women. The projected fiscal impact on Medicaid expenditures is at least $338,314 (88 percent Federal Funds, 12 percent General Funds) for Fiscal Year 2019.

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 Nelly Evans, Office of Health Services, Maryland Department of Health, 201 W. Preston St., Rm. 127B, Baltimore, MD 21201, or emailed to nelly.evans@maryland.gov.

Contact: Nelly Evans (410) 767-4267

[18-13-09]

 

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF HEALTH SERVICES

Subject: Public Notice for Developmental Disabilities Administration Targeted Case Management Rate Increase

Add'l. Info: For dates of service beginning July 1, 2018, 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 $19.26 per unit. This represents an estimated $3,583,758 total fund increase (55.5 percent General Funds $1,988,986, 44.5 percent federal funds $1,594,772) cost for the program between July 1, 2018 and June 30, 2019.

Copies of the proposed changes are available for public review at the local health department in each country and Baltimore City. Written comments may be sent to Nelly Evans, Office of Health Services, MDH, 201 W. Preston Street, Room 127B, Baltimore MD 21220 or email to nelly.evans@maryland.gov.

Contact: Nelly Evans  (410) 767-4267

[18-13-10]

 

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF HEALTH SERVICES

Subject: Public Notice for Behavioral Health, Health Home Rate Increase

Add'l. Info: On May 24, 2018 Governor Hogan approved a 3.5 percent rate increase for the Maryland Medical Assistance Behavioral Health, Health Home program for dates of service beginning July 1, 2018. This represents an estimated $196,472 increase in total funds (50 percent general funds, $98,236, and 50 percent federal funds, $98,236).

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 Elaine Hall, Office of Health Services, MDH 201 W. Preston St., Rm. 213a, Baltimore, MD 21201, or emailed to mdh.mabehavioralhealth@maryland.gov.

Contact: Elaine Hall  (410) 767-1998

[18-13-11]

 

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF HEALTH SERVICES

Subject: Public Notice for Home and Community Based Services Rate Increase

Add'l. Info: Following the 2018 legislative session, the reimbursement rates for the 1915(i) Home and Community Based Services program increased by 3.5 percent, for dates of service beginning July 1, 2018. This represents an estimated $156,526 increase in total funds (50 percent general funds, $78,263, and 50 percent federal funds, $78,263).

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 Elaine Hall, Office of Health Services, MDH 201 W Preston St., Room 213a, Baltimore, MD 21201, or emailed to mdh.mabehavioralhealth@maryland.gov.

Contact: Elaine Hall  (410) 767-1998

[18-13-12]

 

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF HEALTH SERVICES

Subject: Public Notice for Nursing Home Reimbursement Methodology Changes

Add'l. Info: The Maryland Department of Health proposes to amend COMAR 10.09.10 Nursing Facility Services, effective July 1, 2018, in order to: 1) extend the working capital fund through May 1, 2019; 2) increase the capital cost appraisal ceiling; 3) increase the ventilator add-on payment; and 4) increase the rate to providers by 3 percent but include a budget adjustment factor to reduce regulatory increases superseded by State budget limitations. The rate increase is consistent with the Program’s budget for State Fiscal Year 2019. The amount of the projected rate increase is $43.1 million during the period July 1, 2018 through June 30, 2019 (50 percent State General Funds and 50 percent federal funds) compared with the rates in effect in Fiscal Year 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 Nelly Evans, Office of Health Services, MDH, 201 W. Preston St., Room 127B, Baltimore, MD 21201, or emailed to nelly.evans@maryland.gov.

Contact: Nelly Evans (410) 767-4267

[18-13-18]

 

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF HEALTH SERVICES

Subject: Public Notice for an Increase to Maryland Medical Assistance Reimbursement Rates

Add'l. Info: The Governor’s budget, released on May 24, 2018, includes a 3 percent, or higher, rate increase for the following Maryland Medical Assistance services effective July 1, 2018.

Private Duty Nursing: The reimbursement rates for private duty nursing services will increase by 3 percent. This represents an estimated $3,208,399 increase in total funds (50 percent general funds $1,604,200, 50 percent federal funds $1,604,200).

Community First Choice: The reimbursement rates for Community First Choice will increase by 3 percent. This represents an estimated $8,762,732 increase in total funds (44 percent general funds $3,855,602, 56 percent federal funds $4,907,130). The state will claim 6 percent enhanced federal matching funds for these services, which will generate $525,764 additional federal revenue during State Fiscal Year 2019.

Community Personal Assistance Services: The reimbursement rates for Community Personal Assistance Services will increase by 3 percent. This represents an estimated $144,177 increase in total funds (50 percent general funds $72,089, 50 percent federal funds $72,089).

Physician Evaluation and Monitoring: The reimbursement rates for covered Evaluation and Management codes will increase to 93% of Medicare rates. This represents an estimated $11,113,892 increase in total funds (38 percent general funds $4,223,279, 62 percent federal funds $6,890,613). 

Community Based Substance Use Disorder (SUD): The reimbursement rates for Community Based SUD services will increase by 3.5 percent. This represents an estimated $6,368,183 increase in total funds (38.5 percent general funds $2,449,896, 61.5 percent federal funds $3,918,287).

Mental Health: The reimbursement rates for Mental Health services will increase by 3.5 percent. This represents an estimated $18,692,358 increase in total funds (43 percent general funds $8,127,235, 57 percent federal funds $10,565,124).

Behavioral Health Targeted Case Management: The Maryland Medical Assistance reimbursement rates for adults will increase by 3.5 percent. This rate change represents an estimated $304,647 increase in total funds (39 percent general funds $117,902, 61 percent federal funds $186,745). 

Behavioral Health Targeted Case Management (TCM) for Children: The reimbursement rates for TCM for children increased at a higher rate than those for adults. This rate change represents an estimated $2,046,077 increase in total funds (35 percent general funds $721,189, 65 percent federal funds $1,324,888). 

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 Nelly Evans, Office of Health Services, MDH, 201 W. Preston St., Room 127B, Baltimore, MD 21201, or e-mailed to nelly.evans@maryland.gov.

Contact: Nelly Evans (410) 767-4267

[18-13-19]

 

DIVISION OF LABOR AND INDUSTRY/AMUSEMENT RIDE SAFETY ADVISORY BOARD

Subject: Public Meeting

Date and Time: June 29, 2018, 10 a.m. — 12 p.m.

Place: 1100 N. Eutaw St., Commissioner's Conf. Rm. 600, Baltimore, 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.

In the future, the Commissioner of Labor and Industry may give notice of a meeting of the Board by posting notice on the Department's website. The Commissioner of Labor and Industry may post the agendas for future meetings on the Department's website as well.

Contact: Pamela Torres (410) 767-2348

[18-13-13]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: July 19, 2018, 1 — 4 p.m.

Place: 4160 Patterson Ave., Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[18-13-02]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Exemption from CON Review

Add'l. Info: The Maryland Health Care Commission has received a request from:

Innovations Surgery Center — Addition of Second operating room to existing ambulatory surgery center located at 3206 Tower Oaks Boulevard, Suite 101, Rockville.

A copy of the Exemption Request is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.

All correspondence should be addressed to Paul Parker, Director, Center for Health Care Facilities Planning & Development, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland  21215-2299.

Contact: Ruby Potter (410) 764-3276

[18-13-15]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — Commercial Striped Bass Common Pool Hook and Line Season Modification

Add'l. Info: The Secretary of Maryland Department of Natural Resources pursuant to Code of Maryland Regulations 08.02.15.12H announces the opening of the 2018 commercial striped bass common pool hook and line fishery on Tuesday, June 5, 2018 one hour before sunrise, with a catch limit of 250 lbs/permittee/week and 500 lbs/vessel/day. The common pool fishery will close on Wednesday, June 6, 2018 one hour before sunset.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[18-13-08]

 

OFFICE OF THE SECRETARY OF STATE/NOTARY WORK GROUP

Subject: Public Meeting

Date and Time: July 10, 2018, 1 — 3 p.m.; Additional Dates: August 14, 2018, 1—3 p.m.; September 11, 2018, 1—3 p.m.; October 9, 2018, 1—3 p.m.; November 13, 2018, 2—4 p.m.

Place: 100 Community Pl., 1st Fl. Conf. Rm., Side B, Crownsville, MD

Add'l. Info: Meetings of the Notary Work Group

     Purpose: The purpose of the Notary Work Group is to study, review, and make recommendations about the entire body of law, including Remote Notarizations, physical presence, fees, enforcement, and more in the State of Maryland.

     Goals: To determine if the notary law needs to be revised, to align the notary law with related laws in the State of Maryland, and to propose recommendations regarding the body of notary laws and remote notarizations that currently exist in other states.

     Meetings of the Notary Work Group will be held in compliance with the Maryland Open Meetings Act, General Provisions Article, §§3-201—3-206, Annotated Code of Maryland.

Contact: Michael Schlein  (410) 260-3863

[18-13-03]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: June 27, 2018, 9 a.m. — 1 p.m.

Place: 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

[18-13-01]