Capitol Building Maryland Register

Issue Date:  December 17, 2021

Volume 48 •  Issue 26  • Pages 1099—1164

IN THIS ISSUE

Regulations

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 29, 2021 5 p.m.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 November 29, 2021.
 
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 ...................................................................  1103

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1104

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

02        Office of the Attorney General ..........................................  978

03        Comptroller of the Treasury ..............................................  978

08        Department of Natural Resources ...................................  1657

09        Maryland Department of Labor .............................  1649, 1651

10        Maryland Department of Health ............................  1652, 1658

13A     State Board of Education .......................................  1653, 1680

14        Independent Agencies .....................................................  1654

15        Maryland Department of Agriculture ..............................  1654

20        Public Service Commission ...............................................  412

21        State Procurement Regulations .......................................  1653

26        Department of the Environment ......................................  1687

31        Maryland Insurance Administration ................................  1729

 

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.

 

Emergency Action on Regulations

14  INDEPENDENT AGENCIES

PRESCRIPTION DRUG AFFORDABILITY BOARD

Prescription Drug Affordability Fund ......................................  1107

 

Final Action on Regulations

02  OFFICE OF THE ATTORNEY GENERAL

DIVISION OF SECURITIES

Investment Adviser Regulations .  1109

03 COMPTROLLER OF THE TREASURY

DIGITAL ADVERTISING TAX

General Regulations

Correction to Notice of Final Action .  1109

08  DEPARTMENT OF NATURAL RESOURCES

OFFICE OF THE SECRETARY

Advisory Committees ..............................................................  1110

BOATING

Maryland Boat Act Advisory Committee .  1110

FISHERIES SERVICE

Fishing in Nontidal Waters .  1110

09  MARYLAND DEPARTMENT OF LABOR

MARYLAND BOARD OF ELECTRICIANS

Fees and Deadlines .  1110

Continuing Education .  1110

General Regulations .  1110

10  MARYLAND DEPARTMENT OF HEALTH

PROCEDURES

Sexual Abuse Awareness and Prevention Training .  1110

MEDICAL CARE PROGRAMS

Targeted Case Management for People with Developmental
   Disabilities ............................................................................  1111

Audiology Services ..................................................................  1111

FOOD

Food Service Facilities .  1111

BOARD OF PHYSICIANS

Delegation of Acts by a Licensed Physician .  1112

BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD
   CARE PROGRAM PROFESSIONALS

Certification — Residential Child Care Program
   Administrators .  1112

Certification — Residential Child and Youth Care
   Practitioners .  1112

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program: Non-Capitated
   Covered Services .  1112

13A STATE BOARD OF EDUCATION

SUPPORTING PROGRAMS

Programs for Food and Nutrition .  1112

Interscholastic Athletics in the State .  1112

26  DEPARTMENT OF THE ENVIRONMENT

RADIATION MANAGEMENT

Radiation Protection .  1113

31  MARYLAND INSURANCE ADMINISTRATION

HEALTH INSURANCE — GENERAL

Mental Health Benefits and Substance Use Disorder Benefits
   — Reports on Nonquantitative Treatment Limitations and Data .  1113

 

Proposed Action on Regulations

09  MARYLAND DEPARTMENT OF LABOR

REAL ESTATE COMMISSION

Code of Ethics .  1114

BOARD OF ARCHITECTS

Continuing Professional Competency Requirements ..............  1115

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Health Homes .  1116

1915(i) Intensive Behavioral Health Services for Children,
   Youth, and Families .  1117

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program: Managed Care
   Organizations .  1118

13A STATE BOARD OF EDUCATION

SPECIAL INSTRUCTIONAL PROGRAMS

Provision of a Free Appropriate Public Education .  1124

SCHOOL PERSONNEL

Student Suicide Prevention and Safety Training .  1126

14  INDEPENDENT AGENCIES

MARYLAND TECHNOLOGY DEVELOPMENT
   CORPORATION

Definitions .  1127

Investment Programs .  1127

Pre-Seed Builder Fund and Inclusion Fund .  1127

Seed Funds .  1127

Maryland Venture Fund .  1127

Investment Committee .  1127

DEPARTMENT OF INFORMATION TECHNOLOGY

Definitions and General Provisions .  1130

Information and Communication Technology Nonvisual
   Access Standards .  1130

15  MARYLAND DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Farmers’ Market Nutrition Program—Appeal
   Procedure .  1135

20  PUBLIC SERVICE COMMISSION

COMPETITIVE ELECTRICITY SUPPLY

General  1135

Pre-Enrollment Information .  1135

Transfers of Service .  1135

Supplier-Utility Coordination, Utility-Consolidated Billing,
   and Supplier-Consolidated Billing .  1135

Nonresidential Customer Protection .  1135

Residential Customer Protection .  1135

Supplier-Consolidated Billing Customer Protections ..............  1135

Issuance, Format, and Content of Bills for Supplier-
   Consolidated Billing .  1135

Supplier-Agent Relations .  1135

COMPETITIVE GAS SUPPLY

General  1145

Pre-Enrollment Information .  1145

Transfers of Service .  1145

Utility-Consolidated Billing and Supplier-Consolidated
   Billing .  1145

Nonresidential Customer Protection ........................................  1145

Residential Customer Protection ..............................................  1145

Supplier-Consolidated Billing Customer Protections ..............  1145

Issuance, Format, and Content of Bills for Supplier-
   Consolidated Billing .  1145

Supplier-Agent Relations .  1145

21  STATE PROCUREMENT REGULATIONS

ADMINISTRATIVE AND CIVIL REMEDIES

Maryland State Board of Contract Appeals —
   General  1155

Maryland State Board of Contract Appeals — Procedures
   for Appealing Contract Disputes .  1155

Maryland State Board of Contract Appeals — Procedures
   for Appealing Protests .  1155

31  MARYLAND INSURANCE ADMINISTRATION

HEALTH INSURANCE — GENERAL

Pharmacy Services Administrative Organizations .  1156

Filing of PSAO Contracts and Amendments .  1156

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

INFORMATIONAL PUBLIC MEETING
   ANNOUNCEMENT

Maryland’s Draft Combined 2020—2022 Integrated Report
   of Surface Water Quality .  1160

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 21-WQC-0334 .........................  1160

MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL OCCUPANCY RATES BY
   JURISDICTION AND FACILITY—SPECIAL CHRONIC
   HOSPITAL BEDS—MARYLAND, FISCAL YEARS
   2019 — 2021
................................................................  1161

USE OF SPECIAL CHRONIC HOSPITAL BEDS:
   MARYLAND, FY 2021
................................................... 1162

 

General Notices

STATE EMS BOARD AND SEMSAC ANNUAL JOINT
   MEETING

Public Meeting .  1163

DEPARTMENT OF THE ENVIRONMENT/AIR AND
   RADIATION ADMINISTRATION

Virtual Public Hearing on Air Quality State Implementation
   Plan ........................................................................................  1163

GOVERNOR'S GRANTS OFFICE/MARYLAND EFFICIENT
   GRANTS APPLICATION COUNCIL

Public Meeting .  1163

MARYLAND STATE INDEPENDENT LIVING COUNCIL

Notice of Meeting Cancellations .  1163

 

 

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 JULY 2022

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

January 3***

December 13

December 20

December 22

January 14

December 27

January 3

January 5

January 28

January 10

January 14**

January 19

February 11

January 24

January 31

February 2

February 25

February 7

February 14

February 16

March 11

February 18**

February 28

March 2

March 25

March 7

March 14

March 16

April 8

March 21

March 28

March 30

April 22

April 4

April 11

April 13

May 6

April 18

April 25

April 27

May 20

May 2

May 9

May 11

June 3

May 16

May 23

May 25

June 17

May 27 **

June 6

June 8

July 1

June 13

June 17**

June 22

July 15

June 27

July 1**

July 6

July 29

July 11

July 18

July 20

 

*   Deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. Due date for documents containing 8 to 18 pages is 48 hours before the date listed; due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE 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.

 

02 OFFICE OF THE ATTORNEY GENERAL

 

02.06.01.03,.06—.09,.11,.13—.17 • 48:21 Md. R. 893 (10-8-21)

02.06.02.02,.11 • 48:21 Md. R. 893 (10-8-21)

 

04 DEPARTMENT OF GENERAL SERVICES

 

04.01.06.01—.08 • 48:24 Md. R. 1026 (11-19-21)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.03.01,.09,.11 • 48:25 Md. R. 1083 (12-3-21)

08.04.03.10 • 48:23 Md. R. 984 (11-5-21)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.10.03.01-1 • 48:23 Md. R. 985 (11-5-21)

09.10.03.08 • 48:7 Md. R. 261 (3-26-21)

09.11.02.01 • 48:26 Md. R. 1114 (12-17-21)

09.19.03.01 • 48:21 Md. R. 897 (10-8-21)

09.21.05.01—.13 • 48:26 Md. R. 1115 (12-17-21)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.06.02,.03,.09 • 48:22 Md. R. 945 (10-22-21)

10.09.23.01-1,.05 • 48:19 Md. R. 804 (9-10-21) (ibr)

10.09.33.08,.09 • 48:26 Md. R. 1116 (12-17-21)

10.09.39.01—.11 • 48:24 Md. R. 1028 (11-19-21)

10.09.50.07 • 48:17 Md. R. 672 (8-13-21)

10.09.78.01—.09 • 48:22 Md. R. 946 (10-22-21)

10.09.80.01,.03,.05,.06,.08 • 48:23 Md. R. 985 (11-5-21)

10.09.89.09—.12 • 48:26 Md. R. 1117 (12-17-21)

10.09.92.08 • 48:3 Md. R. 104 (1-29-21)

                      48:4 Md. R. 190 (2-12-21) (err)

 

     Subtitles 23—36 (4th volume)

 

10.27.27.01,.04 • 48:22 Md. R. 948 (10-22-21)

10.29.03.01—.08 • 48:24 Md. R. 1030 (11-19-21)

10.29.06.02,.03 • 48:23 Md. R. 987 (11-5-21)

10.29.09.11 • 48:23 Md. R. 987 (11-5-21)

10.29.12.03,.05 • 48:23 Md. R. 987 (11-5-21)

 

     Subtitles 37—52 (5th volume)

 

10.38.01.01,.02,.04 • 48:22 Md. R. 949 (10-22-21)

10.38.02.01 • 48:24 Md. R. 1034 (11-19-21)

10.38.03.02 • 48:22 Md. R. 949 (10-22-21)

10.38.06.03 • 48:22 Md. R. 949 (10-22-21)

10.43.07.01,.03,.08,.10,.11 • 48:23 Md. R. 988 (11-5-21)

10.43.16.03—.05 • 48:23 Md. R. 988 (11-5-21)

10.46.02.01 • 48:23 Md. R. 990 (11-5-21)

 

     Subtitles 53—68 (6th volume)

 

10.58.08.01—.10 • 48:24 Md. R. 1035 (11-19-21)

10.58.15.01—.08 • 48:24 Md. R. 1035 (11-19-21)

10.58.17.01—.10 • 48:24 Md. R. 1042 (11-19-21)

10.67.04.19 • 48:26 Md. R. 1118 (12-17-21)

10.67.06.21 • 48:24 Md. R. 1028 (11-19-21)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—23 (MVA)

 

11.13.12.01—.09 • 48:18 Md. R. 706 (8-27-21) (ibr)

 

13A STATE BOARD OF EDUCATION

 

13A.05.01.03,.08,.09 • 48:26 Md. R. 1124 (12-17-21)

13A.06.07.01,.03,.07,.08—.21 • 48:24 Md. R. 1049 (11-19-21)

13A.07.11.02,.03 • 48:26 Md. R. 1126 (12-17-21)

13A.07.14.02,.03 • 48:22 Md. R. 952 (10-22-21)

13A.07.14.03 • 48:25 Md. R. 1091 (12-3-21) (err)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.01.01.19,.26 • 48:21 Md. R. 904 (10-8-21)

 

14 INDEPENDENT AGENCIES

 

14.04.01.01 • 48:26 Md. R. 1127 (12-17-21)

14.04.02.05,.06,.09 • 48:26 Md. R. 1127 (12-17-21)

14.04.03.01—.06 • 48:26 Md. R. 1127 (12-17-21)

14.04.05.05 • 48:26 Md. R. 1127 (12-17-21)

14.04.06.05,.07 • 48:26 Md. R. 1127 (12-17-21)

14.04.07.04 • 48:26 Md. R. 1127 (12-17-21)

14.22.02.02 • 48:23 Md. R. 991 (11-5-21)

14.33.01.02 • 48:26 Md. R. 1130 (12-17-21)

14.33.02.01—.12 • 48:26 Md. R. 1130 (12-17-21)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.18.01—.11 • 48:26 Md. R. 1135 (12-17-21)

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.02.03.05 • 48:24 Md. R. 1052 (11-19-21)

18.02.05.06 • 48:24 Md. R. 1052 (11-19-21)

18.05.01.04 • 48:24 Md. R. 1052 (11-19-21)

18.15.01.02—.07 • 48:24 Md. R. 1053 (11-19-21)

 

19A STATE ETHICS COMMISSION

 

19A.01.01.02,.04 • 48:24 Md. R. 1054 (11-19-21)

19A.03.01.01,.04 • 48:24 Md. R. 1054 (11-19-21)

19A.03.03.01 • 48:24 Md. R. 1054 (11-19-21)

19A.04.01.02 • 48:24 Md. R. 1054 (11-19-21)

19A.04.02.04 • 48:24 Md. R. 1054 (11-19-21)

19A.04.Appendix A • 48:24 Md. R. 1054 (11-19-21)

19A.04.Appendix B • 48:24 Md. R. 1054 (11-19-21)

19A.05.01.02 • 48:24 Md. R. 1054 (11-19-21)

19A.05.02.04 • 48:24 Md. R. 1054 (11-19-21)

19A.05.Appendix A • 48:24 Md. R. 1054 (11-19-21)

19A.05.Appendix B • 48:24 Md. R. 1054 (11-19-21)

 

20 PUBLIC SERVICE COMMISSION

 

20.51.01.02 • 48:25 Md. R. 1084 (12-3-21)

20.51.02.01,.02,.07,.08 • 48:25 Md. R. 1084 (12-3-21)

20.51.03.01,.03,.05 • 48:25 Md. R. 1084 (12-3-21)

20.53.01.02 • 48:26 Md. R. 1135 (12-17-21)

20.53.03.02 • 48:26 Md. R. 1135 (12-17-21)

20.53.04.02 • 48:26 Md. R. 1135 (12-17-21)

20.53.05.05,.07—.13 • 48:26 Md. R. 1135 (12-17-21)

20.53.06.03,.05,.06 • 48:26 Md. R. 1135 (12-17-21)

20.53.07.05—.10,.12 • 48:26 Md. R. 1135 (12-17-21)

20.53.08.01—.09 • 48:26 Md. R. 1135 (12-17-21)

20.53.09.01,.02 • 48:26 Md. R. 1135 (12-17-21)

20.53.10.01—.07 • 48:26 Md. R. 1135 (12-17-21)

20.54.01.02 • 48:25 Md. R. 1087 (12-3-21)

20.54.02.01,.02,.07,.08 • 48:25 Md. R. 1087 (12-3-21)

20.54.03.01,.03,.05 • 48:25 Md. R. 1087 (12-3-21)

20.59.01.02 • 48:26 Md. R. 1145 (12-17-21)

20.59.03.02 • 48:26 Md. R. 1145 (12-17-21)

20.59.04.02 • 48:26 Md. R. 1145 (12-17-21)

20.59.05.02,.05—.11 • 48:26 Md. R. 1145 (12-17-21)

20.59.06.03,.05,.06 • 48:26 Md. R. 1145 (12-17-21)

20.59.07.05—.10,.12 • 48:26 Md. R. 1145 (12-17-21)

20.59.08.01—.09 • 48:26 Md. R. 1145 (12-17-21)

20.59.09.01,.02 • 48:26 Md. R. 1145 (12-17-21)

20.59.10.01—.07 • 48:26 Md. R. 1145 (12-17-21)

20.90.02.16 • 48:24 Md. R. 1060 (11-19-21)

20.95.01.11 • 48:24 Md. R. 1061 (11-19-21)

 

21 STATE PROCUREMENT REGULATIONS

 

21.10.05.01,.02,.04—.15 • 48:26 Md. R. 1155 (12-17-21)

21.10.06.01,.03,.04,.06,.08—.15,.17—.25,
     .31
• 48:26 Md. R. 1155 (12-17-21)

21.10.07.01—.06 • 48:26 Md. R. 1155 (12-17-21)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.01.11.01—.07 • 48:23 Md. R. 992 (11-5-21)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.11.20.02 • 48:20 Md. R. 865 (9-24-21)

 

     Subtitles 13 — 18 (Part 3)

 

26.13.01.02,.03,.03-1,.04,.05 • 48:14 Md. R. 547 (7-2-21)

26.13.02.01,.02,.04,.04-3,.04-4,.05,.06,.10,.15,.17,.19-1—.19-8,
     .23
• 48:14 Md. R. 547 (7-2-21)

26.13.03.01,.04,.06,.07—.07-5 • 48:14 Md. R. 547 (7-2-21)

26.13.04.01,.02 • 48:14 Md. R. 547 (7-2-21)

26.13.05..01,.02,.02-2,.05,.11—.14 • 48:14 Md. R. 547 (7-2-21)

26.13.06.01,.02,.19—.22,.25 • 48:14 Md. R. 547 (7-2-21)

26.13.07.02-4,.02-5,.02-8,.13-2 • 48:14 Md. R. 547 (7-2-21)

26.13.09.01—.03 • 48:14 Md. R. 547 (7-2-21)

26.13.10.03,.04,.18,.21—.24 • 48:14 Md. R. 547 (7-2-21)

 

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

 

27.01.01.01 • 48:22 Md. R. 954 (10-22-21)

27.01.03.01,.01-1,.02—.10 • 48:22 Md. R. 954 (10-22-21)

27.01.09.01,.01-2 • 48:22 Md. R. 954 (10-22-21)

27.01.11.04 • 48:22 Md. R. 954 (10-22-21)

27.01.13.01 • 48:22 Md. R. 954 (10-22-21)

27.02.01.01 • 48:22 Md. R. 954 (10-22-21)

27.02.05.04—.04-3,.09,.12 • 48:22 Md. R. 954 (10-22-21)

27.03.01.01 • 48:22 Md. R. 954 (10-22-21)

 

28 OFFICE OF ADMINISTRATIVE HEARINGS

 

28.02.01.16 • 48:24 Md. R. 1061 (11-19-21)

 

29 DEPARTMENT OF STATE POLICE

 

29.01.02.02 • 48:19 Md. R. 828 (9-10-21)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.08.09.01—.05,.07,.08 • 48:23 Md. R. 995 (11-5-21)

30.08.10.01—.11,.13 • 48:23 Md. R. 997 (11-5-21)

30.09.04.08 • 48:19 Md. R. 829 (9-10-21)

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.13.02,.04 • 48:11 Md. R. 432 (5-21-21)

                             48:25 Md. R. 1089 (12-3-21)

31.05.08.24,.28 • 48:8 Md. R. 322 (4-9-21)

31.10.46.02,.03 • 48:24 Md. R. 1062 (11-19-21)

31.10.47.02,.03 • 48:24 Md. R. 1062 (11-19-21)

31.10.48.02—.05 • 48:24 Md. R. 1062 (11-19-21)

31.10.49.01—.05 • 48:26 Md. R. 1156 (12-17-21)

31.10.50.01—.05 • 48:26 Md. R. 1156 (12-17-21)

 

33 STATE BOARD OF ELECTIONS

 

33.01.01.01 • 48:20 Md. R. 867 (9-24-21)

33.05.04.02 • 48:20 Md. R. 867 (9-24-21)

33.05.04.04 • 48:23 Md. R. 1000 (11-5-21)

33.11.02.01 • 48:20 Md. R. 867 (9-24-21)

33.11.03.08 • 48:20 Md. R. 867 (9-24-21)

33.17.05.01 • 48:20 Md. R. 867 (9-24-21)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.06.01.02,.07 • 48:23 Md. R. 1000 (11-5-21)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.01.01.01,.05 • 48:18 Md. R. 718 (8-27-21)

36.01.02.04—.06 • 48:18 Md. R. 718 (8-27-21)

36.10.01.01—.02 • 48:18 Md. R. 718 (8-27-21)

36.10.02.01—.14 • 48:18 Md. R. 718 (8-27-21)

36.10.03.01—.06 • 48:18 Md. R. 718 (8-27-21)

36.10.04.01—.11 • 48:18 Md. R. 718 (8-27-21)

36.10.05.01—.05 • 48:18 Md. R. 718 (8-27-21)

36.10.06.01—.11 • 48:18 Md. R. 718 (8-27-21)

36.10.07.01—.06 • 48:18 Md. R. 718 (8-27-21)

36.10.08.01—.11 • 48:18 Md. R. 718 (8-27-21)

36.10.09.01—.03 • 48:18 Md. R. 718 (8-27-21)

36.10.10.01—.03 • 48:18 Md. R. 718 (8-27-21)

36.10.11.01—.09 • 48:18 Md. R. 718 (8-27-21)

36.10.12.01—.04 • 48:18 Md. R. 718 (8-27-21)

36.10.13.01—.44 • 48:18 Md. R. 718 (8-27-21)

36.10.14.01—.07 • 48:18 Md. R. 718 (8-27-21)

36.10.15.01—.04 • 48:18 Md. R. 718 (8-27-21)

36.10.16.01—.06 • 48:18 Md. R. 718 (8-27-21)

36.10.17.01—.03 • 48:18 Md. R. 718 (8-27-21)

36.10.18.01—.06 • 48:18 Md. R. 718 (8-27-21)

 

Emergency Action on Regulations

Symbol Key

   Roman type indicates text existing before emergency status was granted.

   Italic type indicates new text.

   [Single brackets] indicate deleted text.

 

Emergency Regulations

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

 

Title 14
INDEPENDENT AGENCIES

Subtitle 01 PRESCRIPTION DRUG AFFORDABILITY BOARD

14.01.02 Prescription Drug Affordability Fund

Authority: Health-General Article, §21–2C–11, Annotated Code of Maryland

Notice of Emergency Action

[21-204-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .02 and .03 under COMAR 14.01.02 Prescription Drug Affordability Fund.

Emergency status began: November 16, 2021.

Emergency status expires: May 6, 2022.

Comparison to Federal Standards

There is no corresponding federal standard to this emergency action.

Estimate of Economic Impact

I. Summary of Economic Impact. Pursuant to Health-General Article, §21–2C–11, Annotated Code of Maryland, the Board collects an annual assessment. If the current assessment of $1,000 exceeds 1 percent of an entity’s Maryland revenue, the entity may seek a waiver of the assessment. These emergency regulations clarify the procedures for obtaining a waiver, and establish procedures for obtaining an exemption for those entities not covered by the statute and for paying an assessment in installments. Applying for the waiver or exemption may impose minimal administrative burdens on businesses and minimal administrative burdens on the Board in determining those requests. The Board estimates there may be a slight decrease in revenue due to the granting of the qualified waivers or exceptions, but the realized revenue is anticipated to fall within the previously estimated range of $750,000 to $1,500,000. This revenue is the only source of funding for the Board’s operation. The proposed action does not impose a mandate on a local government unit.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Prescription Drug Affordability Fund assessment

(+)

Nominal

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.)

D. Pursuant to Health-General Article, §21–2C–11, Annotated Code of Maryland, the Board collects an annual assessment. If the current assessment of $1,000 exceeds 1 percent of an entity’s Maryland revenue, the entity may seek a waiver of the assessment. These emergency regulations clarify the procedures for obtaining a waiver, and establish procedures for obtaining an exemption for those entities not covered by the statute and for paying an assessment in installments. Applying for the waiver or exemption may impose minimal administrative burdens on businesses and minimal administrative burdens on the Board in determining those requests. Entities will be able to seek a waiver or exemption from the annual assessment. The Board estimates there may be savings for individual entities due to the granting of the qualified waivers or exceptions, but the expected costs for the regulated industries is anticipated to fall within the previously estimated range of $750,000 to $1,500,000 established when promulgating existing COMAR 14.01.02.

Economic Impact on Small Businesses

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

.02 [Assessment of Entities, Notification of Assessment] Invoice, Exemption, Waiver, and Collection [of Fees].

A. [The Board shall collect an annual assessment from the entities identified in Health-General Article, §21–2C–11, Annotated Code of Maryland, and specified in Regulation .03 of this chapter.] In each State fiscal year, the Board shall issue an invoice to each entity identified in Health-General Article §21–2C–11, Annotated Code of Maryland, and Regulation .03 of this chapter and collect an annual assessment.

B. [No later than July 15, 2021, and July 15 of every year thereafter, the Board shall issue a notification to these entities of their obligation to pay the annual assessment.] Exemption from Assessment.

(1) An entity may request an exemption from the annual assessment by submitting a completed exemption form to the Board within 30 days of the Board transmitting the assessment invoice.

(2) The exemption form shall be executed under oath and attest that:

(a) The entity is not a qualifying entity as defined in COMAR 14.01.01 and Health-General Article, §21-2C-11(b)(1), Annotated Code of Maryland;

(b) The entity no longer does business in Maryland; or

(c) The entity is not subject to assessment for another reason with an explanation of that reason.

(3) The entity bears the burden of demonstrating it qualifies for the claimed exemption and shall submit additional documentation in support of the exemption request as required by the Board.

(4) While the exemption request is pending, payment of the assessment is deferred.

(5) The Board shall determine all requests for exemption promptly and may require additional documentation or information from the entity requesting an exemption.

C. [The Board shall issue invoices no later than October 1, 2021, and October 1 of every year thereafter.] Waiver of Assessment.

(1) An entity that is otherwise subject to assessment because it meets the definition of a qualifying entity under COMAR 14.01.01 and Health-General Article, §21-2C-11(b)(1), Annotated Code of Maryland, may request a waiver of the annual assessment by submitting a completed waiver form to the Board within 30 days of the Board transmitting the assessment invoice.

(2) The waiver form shall be executed under oath and:

(a) Attest that the Prescription Drug Affordability Fund assessment exceeds 1 percent of the entity’s Maryland revenue in a specified year; and

(b) Be accompanied by supporting documentation for the specified year.

(3) The entity’s Maryland revenue is based on:

(a) The entity’s most recent completed tax year; and

(b) The entity’s total Maryland revenue.

(4) Recommended supporting documentation includes verifiable evidence of the entity’s Maryland revenue for the entity’s most recent completed tax year, including, but not limited to, the entity’s Maryland income tax return and supporting schedules.

(5) The entity bears the burden of demonstrating it qualifies for the claimed waiver and shall submit additional documentation in support of the exemption request as required by the Board.

(6) While the waiver request is pending, payment of the assessment is deferred.

(7) The Board shall determine all requests for waiver promptly and may require additional documentation or information from the entity requesting a waiver.

D. Collection and Penalties.

(1) Any [bill] invoice not paid within 30 days of the payment due date may be subject to an interest penalty to be determined and collected by the Board.

(2) In addition to any penalties the Board may impose on an entity that fails to pay the fee assessed by the Board in a timely manner, the Board may also refer an entity’s delinquent account to the Department of Budget and Management’s Central Collection Unit, pursuant to the procedures in State Finance and Procurement Article, Title 3, Subtitle 3, Annotated Code of Maryland, and COMAR 17.01.01.

[E. In addition to any penalties the Board may impose on an entity that fails to pay the fee assessed by the Board in a timely manner, the Board may also refer an entity’s delinquent account to the Department of Budget and Management’s Central Collection Unit, pursuant to the procedures in State Finance and Procurement Article, Title 3, Subtitle 3, Annotated Code of Maryland, and COMAR 17.01.01.

F. The Board shall waive the fee assessment upon request by an assessed entity, provided that entity demonstrates, through attestation and supporting documentation, that the fee assessment exceeds 1 percent of that entity’s revenue earned in the State during the entity’s preceding fiscal year.]

.03 Amount of Assessment.

A. (text unchanged)

B. [As provided for in Regulation .02 of this chapter, upon demonstration that the fee assessment exceeds 1 percent of that entity’s revenue in the State during their preceding fiscal year, the Board shall waive the fee assessment for that year.] An entity may request to pay the annual assessment in installments by submitting a letter to the Board demonstrating significant financial hardship in paying the assessment in a single payment.

ANDREW YORK
Executive Director
Prescription Drug Affordability Board

 

 

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 02
OFFICE OF THE ATTORNEY GENERAL

Subtitle 02 DIVISION OF SECURITIES

02.02.05 Investment Adviser Regulations

Authority: Corporations and Associations Article, §§11-101, 11-203, and
11-302, Annotated Code of Maryland

Notice of Final Action

[21-161-F]

On December 7, 2021, the Securities Commissioner adopted amendments to Regulations .01, .11, and .14 under COMAR 02.02.05 Investment Adviser Regulations. This action, which was proposed for adoption in 48:22 Md. R. 940—943 (October 22, 2021), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 27, 2021.

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 .14: The revisions relocate the acronym for “investment adviser representative” to its appropriate location, and substitutes the phrase “IAR regulatory and ethics content” with “IAR ethics and professional responsibility content”, which is already defined to mean approved IAR continuing education content that addresses an investment adviser representative’s ethical and regulatory obligations.

.14 Examination Requirements for Investment Advisers and Investment Adviser Representatives.

A. Definitions. As used in this regulation, the following terms have the meanings indicated:

(1) “Approved IAR continuing education credit” means the materials, written, oral, or otherwise, that have been approved by NASAA or its designee and that make up the educational program provided to an investment adviser [[(IAR)]] representative (IAR) under this regulation.

(2)—(8) (proposed text unchanged)

B.—G. (proposed text unchanged)

H. Continuing Education Requirements.

(1) An investment adviser representative registered in this State shall complete the following continuing education requirements each reporting period:

(a) 6 credits of [[IAR regulatory and ethics]] IAR ethics and professional responsibility content approved by NASAA and offered by an authorized provider, with at least 3 credits covering the topic of ethics; and

(b) (proposed text unchanged)

(2)—(9) (proposed text unchanged)

MELANIE SENTER LUBIN
Securities Commissioner

 

Title 03
COMPTROLLER OF THE TREASURY

Subtitle 12 DIGITAL ADVERTISING TAX

03.12.01 General Regulations

Authority: Tax-General Article §§2-102, 2-103, and 7.5-102, Annotated Code of Maryland

Correction to Notice of Final Action

[21-150-F]

     The Attorney General’s certification that appeared as part of the above-referenced final action, which was published in 48:25 Md. R. 1079 (December 3, 2021), contained errors. The corrected Attorney General’s certification appears below.

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 .02C(1): The Comptroller is clarifying language regarding the allowable sources of information a taxpayer may use to determine the location of a device. Specifically, this final action amendment changes “both technical information and the terms of the underlying contract” to “both technical information and nontechnical information included in the contract”.

     Regulation .02C(3): The Comptroller is amending the nonexhaustive list of technical information to include “industry standard metrics”.

PETER FRANCHOT
Comptroller of the Treasury

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Notice of Final Action

[21-155-F]

On December 7, 2021, the Secretary of Natural Resources adopted:

(1) New Regulation .02 under COMAR 08.01.01 Advisory Committees;

(2) The repeal of Regulation .01 under COMAR 08.04.02 Maryland Boat Act Advisory Committee.

This action, which was proposed for adoption in 48:22 Md. R. 943 (October 22, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.11 Fishing in Nontidal Waters

Authority: Natural Resources Article, §4-602, Annotated Code of Maryland

Notice of Final Action

[21-158-F]

On December 7, 2021, the Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.02.11 Fishing in Nontidal Waters. This action, which was proposed for adoption in 48:22 Md. R. 944 (October 22, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 09 MARYLAND BOARD OF ELECTRICIANS

Notice of Final Action

[21-100-F]

On September 28, 2021, the Maryland Board of Electricians adopted:

(1) Amendments to Regulations .01—.04 under COMAR 09.09.01 Fees and Deadlines;

(2) Amendments to Regulations .01—.03 under COMAR 09.09.02 Continuing Education; and

(3) New Regulation .02 under COMAR 09.09.03 General Regulations.

This action, which was proposed for adoption in 48:17 Md. R. 671—672 (August 13, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

JACK N. WILSON, JR.
Chairman

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 01 PROCEDURES

10.01.18 Sexual Abuse Awareness and Prevention Training

Authority: Health-General Article, §§2-104, 7.5-205, 7-1002, and 10-705, Annotated Code of Maryland

Notice of Final Action

[21-145-F]

On November 23, 2021, the Secretary of Health adopted amendments to Regulations .02, .04, and .05, the repeal of existing Regulation .03, new Regulations .03, .06, and .07, amendments to and the recodification of existing Regulation .06 to be Regulation .08, and the recodify existing Regulations .07 and .08 to be Regulations .09 and .10 under COMAR 10.01.18 Sexual Abuse Awareness and Prevention Training. This action, which was proposed for adoption in 48:21 Md. R. 898—904 (October 8, 2021), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 27, 2021.

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 .06F and G: Regulation .06G(4) through (7) should have been proposed as Regulation .06F(5) through (8). The subsections were moved only; there were no other changes to the proposed language.

.06 Reporting Requirements for State Facilities.

A.E. (proposed text unchanged)

F. Notification to Law Enforcement.

(1)(4) (proposed text unchanged)

(5) The Department police force may not investigate a report of inappropriate sexual behavior made to an external law enforcement agency in accordance with §F(1) of this regulation unless the external law enforcement agency declines to investigate the report or requests the assistance of the Department police force.

(6) Upon the receipt of the notification made under §E of this regulation, the treatment team or teams of the alleged victim and alleged perpetrator, if applicable, shall:

(a) Review and, if appropriate, update the risk assessment screens and protection plans of the individuals involved in the allegation in accordance with Regulation .07G of this chapter;

(b) Review and, if appropriate, revise the plans of care of the individuals involved in the allegation in accordance with Regulation .07G of this chapter;

(c) Notify the central coordinator of the results of the treatment team’s review and assessment under this subsection;

(d) Take other appropriate action to ensure:

(i) The safety, privacy, and emotional support of the individual or individuals involved; and

(ii) That any medically appropriate and necessary care is provided to the individual or individuals involved; and

(e) Document the reported allegations and the results of any investigation of the allegations in the record of the individuals involved.

(7) The facility and Department police shall investigate allegations of inappropriate sexual behavior in accordance with the following requirements:

(a) A facility staff member or Department police officer may not participate in, or conduct, an investigation of an allegation of inappropriate sexual behavior if that staff member or officer, or the staff member’s immediate family member, was involved in the incident or incidents underlying the allegation; and

(b) The facility shall comply with applicable laws and regulations governing the confidentiality of an individual’s information.

(8) Promptly after completing an investigation of a report of inappropriate sexual behavior, the facility shall report the results of the facility’s investigation to the:

(a) Appropriate unit of the Department as required by applicable statutes or regulations;

(b) Office of Health Care Quality; and

(c) State’s designated protection and advocacy agency.

G. Regional Institutes for Children and Adolescents.

(1)—(3) (proposed text unchanged)

[[(4) The Department police force may not investigate a report of inappropriate sexual behavior made to an external law enforcement agency in accordance with §F(1) of this regulation unless the external law enforcement agency declines to investigate the report or requests the assistance of the Department police force.

(5) Upon the receipt of the notification made under §E of this regulation, the treatment team or teams of the alleged victim and alleged perpetrator, if applicable, shall:

(a) Review and, if appropriate, update the risk assessment screens and protection plans of the individuals involved in the allegation in accordance with Regulation .07G of this chapter;

(b) Review and, if appropriate, revise the plans of care of the individuals involved in the allegation in accordance with Regulation .07G of this chapter;

(c) Notify the central coordinator of the results of the treatment team’s review and assessment under this subsection;

(d) Take other appropriate action to ensure:

(i) The safety, privacy, and emotional support of the individual or individuals involved; and

(ii) That any medically appropriate and necessary care is provided to the individual or individuals involved; and

(e) Document the reported allegations and the results of any investigation of the allegations in the record of the individuals involved. 

(6) The facility and Department police shall investigate allegations of inappropriate sexual behavior in accordance with the following requirements:

(a) A facility staff member or Department police officer may not participate in, or conduct, an investigation of an allegation of inappropriate sexual behavior if that staff member or officer, or the staff member’s immediate family member, was involved in the incident or incidents underlying the allegation; and

(b) The facility shall comply with applicable laws and regulations governing the confidentiality of an individual’s information.

(7) Promptly after completing an investigation of a report of inappropriate sexual behavior, the facility shall report the results of the facility’s investigation to the:

(a) Appropriate unit of the Department as required by applicable statutes or regulations;

(b) Office of Health Care Quality; and

(c) State’s designated protection and advocacy agency.]]

H. (proposed text unchanged)

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.48 Targeted Case Management for People with Developmental Disabilities

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

Notice of Final Action

[21-137-F]

On November 19, 2021, the Secretary of Health adopted amendments to Regulations .01—.08 under COMAR 10.09.48 Targeted Case Management for People with Development Disabilities. This action, which was proposed for adoption in 48:19 Md. R. 805—810 (September 10, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.51 Audiology Services

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

Notice of Final Action

[21-124-F]

On November 19, 2021, the Secretary of Health adopted amendments to Regulation .05 under COMAR 10.09.51 Audiology Services. This action, which was proposed for adoption in 48:19 Md. R. 810 (September 10, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 15 FOOD

10.15.03 Food Service Facilities

Authority: Health-General Article, §§18-102, 21-202, 21-301, and 21-330.1, Annotated Code of Maryland

Notice of Final Action

[21-117-F]

On November 19, 2021, the Secretary of Health adopted amendments to Regulation .27 under COMAR 10.15.03 Food Service Facilities. This action, which was proposed for adoption in 48:18 Md. R. 699—700 (August 27, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.12 Delegation of Acts by a Licensed Physician

Authority: Health-General Article, §§19-114 and 19-118; Health Occupations Article, §§14-205(a) and 14-306; Annotated Code of Maryland

Notice of Final Action

[21-126-F]

On November 19, 2021, the Secretary of Health adopted amendments to Regulations .01—.05 and new Regulations .06 and .07 under COMAR 10.32.12 Delegation of Acts by a Licensed Physician. This action, which was proposed for adoption in 48:19 Md. R. 811—813 (September 10, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 57 BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS

Notice of Final Action

[21-125-F]

On November 19, 2021, the Secretary of Health adopted amendments to:

(1) Regulation .01 under COMAR 10.57.02 Certification—Residential Child Care Program Administrators; and

(2) Regulation .01 under COMAR 10.57.03 Certification—Residential Child and Youth Care Practitioners.

This action, which was proposed for adoption in 48:19 Md. R. 814 (September 10, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 67 MARYLAND HEALTHCHOICE PROGRAM

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

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

Notice of Final Action

[21-119-F]

On November 19, 2021, the Secretary of Health adopted amendments to Regulation .02 under COMAR 10.67.08 Maryland Medicaid Managed Care Program: Non-Capitated Covered Services. This action, which was proposed for adoption in 48:18 Md. R. 705—706 (August 27, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

DENNIS R. SCHRADER
Secretary of Health

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 06 SUPPORTING PROGRAMS

13A.06.01 Programs for Food and Nutrition

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

Notice of Final Action

[21-138-F]

On December 7, 2021, the Maryland State Board of Education adopted amendments to Regulations .02 and .03 under COMAR 13A.06.01 Programs for Food and Nutrition. This action, which was proposed for adoption in 48:19 Md. R. 815 (September 10, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

MOHAMMED CHOUDHURY
State Superintendent of Schools

 

Subtitle 06 SUPPORTING PROGRAMS

13A.06.03 Interscholastic Athletics in the State

Authority: Education Article, §§2-205 and 2-303(k), Annotated Code of Maryland

Notice of Final Action

[21-159-F]

On December 7, 2021, the Maryland State Board of Education adopted amendments to Regulations .03 and .04 under COMAR 13A.06.03 Interscholastic Athletics in the State. This action, which was proposed for adoption in 48:22 Md. R. 951 (October 22, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

MOHAMMED CHOUDHURY
State Superintendent of Schools

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 12 RADIATION MANAGEMENT

26.12.01 Radiation Protection

Authority: Environment Article, §§8-106, 8-301, and 8-304, Annotated Code of Maryland

Notice of Final Action

[21-157-F-I]

On December 7, 2021, the Secretary of the Environment adopted amendments to Regulation .01 under COMAR 26.12.01 Radiation Protection. This action, which was proposed for adoption in 48:22 Md. R. 953 (October 22, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 10 HEALTH INSURANCE — GENERAL

31.10.51 Mental Health Benefits and Substance Use Disorder Benefits — Reports on Nonquantitative Treatment Limitations and Data

Authority: Insurance Article, §§2-109(a)(1) and 15-144, Annotated Code of Maryland

Notice of Final Action

[21-154-F]

On December 7, 2021, the Insurance Commissioner adopted new Regulations .01—.08 under a new chapter, COMAR 31.10.51 Mental Health Benefits and Substance Use Disorder Benefits—Reports on Nonquantitative Treatment Limitations and Data. This action, which was proposed for adoption in 48:22 Md. R. 959—962 (October 22, 2021), has been adopted as proposed.

Effective Date: December 27, 2021.

KATHLEEN A. BIRRANE
Insurance Commissioner

 

Proposed Action on Regulations

 


Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 11 REAL ESTATE COMMISSION

09.11.02 Code of Ethics

Authority: Business Occupations and Professions Article, §§17-207, [and]
17-208, and 17-547, Annotated Code of Maryland

Notice of Proposed Action

[21-201-P]

The Maryland Real Estate Commission proposes to amend Regulation .01 under COMAR 09.11.02 Code of Ethics. This action was considered at the regular business meeting of the Maryland Real Estate Commission on October 20, 2021.

Statement of Purpose

The purpose of this action is to clarify the definition of advertising in COMAR 09.11.02.01 and to detail the requirements regarding Internet and social media advertising and the use of the term “directly connected” as is relates to team names.

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 Michael Kasnic, Executive Director, Maryland Real Estate Commission, 500 N. Calvert Street, 3rd Floor, Baltimore, MD 21202, or call 410-230-6200, or email to dlmrec-labor@maryland.gov, or fax to 410-333-0023. Comments will be accepted through January 18, 2022. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Real Estate Commission during a public meeting to be held on January 19, 2022, at 10:30 a.m., at 500 N. Calvert St., 3rd Floor, Baltimore, MD 21202.

.01 Relations to the Public.

A.—F. (text unchanged)

G. Advertisement.

(1) For the purposes of this regulation, “advertisement” means any representation, promotion, or solicitation directed to consumers, by any means of communication, for any purpose concerning the provision of real estate brokerage services.

[(1)] (2) (text unchanged)

[(2)] (3) Effective October 1, 2004, an associate broker or salesperson may not use an individual telephone number or email address in an advertisement[, as defined in Business Occupations and Professions Article, §17-527.2(a)(3), Annotated Code of Maryland,] unless the identified telephone number of the broker or branch office manager also appears in the advertisement.

(4) Any electronic media advertisement shall contain the applicable disclosures set forth in §G(2) and (3) of this regulation either:

(a) On the first 25 percent of the main page of the electronic media advertisement; or

(b) If the electronic media under §G(4)(a) of this regulation has a limitation of 280 characters or fewer, on the first 25 percent of a page that is accessible after a single click on a hyperlink on the main page of the electronic media advertisement.

(5) Interpretation of “Directly Connected” Under Business Occupations and Professions Article, §17-547(c), Annotated Code of Maryland. The Commission considers a team name to be “directly connected” to a brokerage name under Business Occupations and Professions Article, §17-547(c), Annotated Code of Maryland, if:

(a) The word “of”, “from”, “with”, or “at” is the only word between the team name and the brokerage name; and

(b) No other word, symbol, or image is between the team name and the brokerage name.

H.—I. (text unchanged)

ANNE COOKE
Chair
Real Estate Commission

 

Subtitle 21 BOARD OF ARCHITECTS

09.21.05 Continuing Professional Competency Requirements

Authority: Business Occupations and Professions Article, §§3-208, 3-309,
3-309.1, and 3-309.2, Annotated Code of Maryland

Notice of Proposed Action

[21-202-P]

The Maryland Board of Architects proposes to amend Regulations .01—.05, adopt new Regulation .06, amend and recodify existing Regulations .06—.09 to be Regulations .07—.10, and recodify existing Regulations .10—.12 to be Regulations .11—.13 under COMAR 09.21.05 Continuing Professional Competency Requirements. This action was considered September 29, 2021

Statement of Purpose

The purpose of this action is to update the Maryland Board of Architect’s continuing professional competency requirements to increase access for licensees to continuing education and to be consistent with regional and national changes. Additionally, the Maryland Board of Architects is clarifying its requirements with these amendments.

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 Raquel Meyers, Assistant Executive Director, Professional Licensing Boards, 500 N. Calvert St., Suite 308, Baltimore, MD 21202, or call 410-230-6261, or email to dloplboardofarchitects-labor@maryland.gov, or fax to 410-962-8482. Comments will be accepted through January 18, 2022. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Board of Architects during a public meeting to be held on January 26, 2021, at 500 N. Calvert St., 3rd floor Conference Room, Baltimore, MD 21202.

.01 Purpose.

The State legislature has determined that, in order to safeguard the health, safety, and welfare of [Maryland citizens] the public, licensed architects [must] shall comply with the continuing professional competency requirements as a prerequisite [to] for the renewal of a license.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) “Health, safety, and welfare subjects (HSW)” means content areas identified as such by NCARB or AIA, as those content areas may be updated or otherwise amended from time to time.

(4) (text unchanged)

.03 Requirements.

A. [Except as set forth in §B of this regulation, a] A licensee shall complete [at least] 12 LUs during each of the 2 preceding calendar years that occur prior to the calendar year in which an applicable license term is set to expire.

B. [In the event a licensee is unable to fulfill the continuing competency requirements in accordance with the criteria described in] As an alternative to §A of this regulation, [but still completes] a licensee shall complete 24 LUs during the 2-year [relevant] term of the license[, the Board may accept such completion as the acceptable fulfillment of the license renewal requirements for a particular licensing term] ending on the date that the license term is set to expire.

C. [A licensee may not carry forward as a credit any of the LUs earned in excess of 12 annual LUs described in §A of this regulation.] If a licensee chooses the calendar year method, as described in §A of this regulation, the LUs from each calendar year shall be considered separately. A licensee may not carry forward any LUs earned in excess of the annual requirement of 12 LUs to any following calendar year.

D. If a licensee chooses to complete 24 LUs during the 2-year term of the license, as described in §B of this regulation, the licensee may not carry forward any LUs earned in excess of the required 24 LUs to the following 2-year term of the license.

E. LUs used to meet the requirements described in §A of this regulation may not also be used in the future to meet the requirements described in §B of this regulation. In a similar way, LUs used to meet the requirements described in §B of this regulation may not also be used in the future to meet the requirements of §A of this regulation.

.04 Professional Development Activities.

A. [Professional] A professional development activity shall meet the following criteria:

(1)—(2) (text unchanged)

(3) Offer learning experiences relevant to current or future architectural practices as they relate to the public health, safety, and welfare; and

(4) (text unchanged)

B. (text unchanged)

C. The learning content of any professional development activity shall be unbiased, evidence based, and focused on increasing knowledge. Activities shall not be sales or marketing events and shall not promote or market products or services. Activities shall only contain material relevant to the program learning objectives and the desired outcomes during the instructional portion of the activity.

[C.] D. [Professional] A professional development activity may be presented by the following methods, as defined by NCARB:

(1) [Classroom instruction] Live in-person programs;

(2) [In-house presentation] Live online programs;

(3) [Distance learning delivery] On demand e-learning or printed programs;

(4) [Online instruction] Nano learning or blended programs; or

(5) [Other] Any other formats approved by the Board.

E. Self-reported professional development activities are not eligible for LU credit.

.05 Submissions for Approval to Present a Professional Development Activity.

A. Entities or individuals, including, but not limited to, professional firms conducting in-house presentations, may submit a specific professional development activity for review and approval by the Board. Each professional development activity shall be designed to be presented to other architects for LU credit.

B. (text unchanged)

C. The presenter shall submit adequate information to enable the Board to evaluate the professional development activity. The activity shall be developed by individuals or entities having demonstrated verifiable expertise in the subject matter. Expertise may be demonstrated through practical experience or education or both. An architect holding an active license shall be consulted in the initial development of a professional development activity or substantive changes to an activity.

D. At a minimum, the Board requires the following information to be submitted with each application for approval:

(1)—(5) (text unchanged)

[D.] E.—[E.] F. (text unchanged)

.06 Sources of Credit and Determination of Units.

A. A licensee may earn the LUs by any appropriate methods that may from time to time be approved by the Board.

B. A licensee may earn the applicable number of LUs in accordance with the following conversion schedule:

(1) 1 college credit hour — 5 LUs;

(2) 1 contact hour of professional development work, or professional or technical presentations made at meetings, conventions, or conferences — 1 LU; and

(3) Subject to exclusions set forth in this regulation, teaching of, lecturing on, or instructing on architectural subjects, subject to the following limitations:

(a) For the first presentation, a presenter may claim credit for the activity that is equivalent to two times the number of LUs awarded by the Board for the activity; and

(b) Unless the presentation has been substantially modified and updated for subsequent presentations, a presenter may claim only the same number of credits as awarded by the Board to the recipients of the qualifying activity.

[.06] .07 Record Keeping.

A. Responsibility to Maintain Records.

(1) (text unchanged)

(2) A licensee shall maintain the records for a period of at least [2] 6 years from the date of completion of the qualifying program.

B. (text unchanged)

C. A printed program agenda, program marketing materials, or an event program are not considered sufficient evidence of participation in a professional development activity.

[.07] .08 Reporting Requirements for License Renewal.

A. A licensee shall attest on the license renewal form to the fact that the licensee has completed all applicable CPC requirements set forth in this chapter by the last day of the following:

(1) The calendar year preceding the year in which the licensee’s individual license is to be renewed for the following 2-year licensing term; or

(2) The 24-month period of the year in which the licensee’s individual license is to be renewed for the following 2-year licensing term.

B. (text unchanged)

C. Licensees who are audited shall provide within 30 days of receipt of electronic notice of audit from the Board any [additional] documentation that may be required by the Board to complete the audit.

[.08] .09 Extenuating Circumstances[/] or Exceptions.

A.—B. (text unchanged)

[.09] .10 Failure to Meet the CPC Requirements.

[A. In the event the licensee fails to respond to the Board’s notice within 30 days as described in Regulation .07 of this chapter, the Board shall provide the licensee with the written notice affording the licensee an additional 30 days from the date of the notice to provide evidence acceptable to the Board of compliance with applicable CPC requirements.

B.] In the event the licensee does not respond to the Board’s notice or otherwise fails to comply with the CPC requirements set forth in this chapter, the Board, subject to the hearing provisions of Business Occupations and Professions Article, §3–313, Annotated Code of Maryland, may take any and all available disciplinary actions under Business Occupations and Professions Article, §3–311, Annotated Code of Maryland.

PAUL D. EDMEADES
Chairman
Board of Architects

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.33 Health Homes

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

Notice of Proposed Action

[21-207-P]

     The Secretary of Health proposes to amend Regulations .08 and .09 under COMAR 10.09.33 Health Homes.

Statement of Purpose

The purpose of this action is to effectuate the health homes provider rates included in the Fiscal Year (FY) 2022 budget. Additionally, it preserves the rates in effect for the first half of FY 2021.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The FY 2022 budget includes a 3.5 percent rate increase for health home services. The total impact for FY 2022 is $134,137.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$134,137

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$134,137

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. and D. This amount assumes:

1. Estimated impacts are based on FY 2020 program expenditures. Health home service utilization will remain consistent.

2. In accordance with the Governor’s directive, Medicaid implemented the rate increase 6 months early on January 1, 2021. As such, FY 2021 expenditures reflect a mid-year rate increase.

3. In FY 2022, the total impact of the rate increase on Medicaid expenditures for health home services will be equal to the difference between FY 2022 projected expenditures ($7,933,848) and estimated FY 2021 expenditures ($7,799,701).

4. This amount is subject to 50 percent federal match ($67,068.50 federal funds, $67,068.50 general funds).

Economic Impact on Small Businesses

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

The proposed action effectuates a 3.5 percent rate increase implemented on January 1, 2021. To the extent that opioid treatment programs (OTPs), psychiatric rehabilitation programs (PRPs), and mobile treatment programs (MTs) enrolled as Maryland Medicaid health home providers qualify as small businesses, they will benefit from $134,137 in increased reimbursement during FY 2022.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jason Caplan, Director, Office of Regulation and Policy Coordination, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499, or email to jason.caplan2@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 18, 2022. A public hearing has not been scheduled.

.08 Limitations.

A.—B. (text unchanged)

C. A health home may not bill the Department for:

(1)—(3) (text unchanged)

(4) A participant’s health home [per member per month] monthly rate more than once per month.

D.—F. (text unchanged)

.09 Payment Procedures.

A. The Department shall reimburse the health home for covered services according to the requirements in this chapter and the rate established in §C of this regulation.

B. Request for Payment.

(1) The health home provider is authorized to bill for the intake and ongoing [PMPM] monthly rate for a participant when:

(a)—(b) (text unchanged)

(2)—(3) (text unchanged)

C. [Payment shall be made] The Department shall reimburse according to the following fee schedule:

(1) [To the health home provider for covered services rendered to a participant; and

(2) Effective] For dates of service from July 1, [2019] 2020 through December 31, 2020, at a monthly rate [per participant] of [$110.19] $114.60 per participant[, on the condition that the requirements of this chapter are met.]; and

(2) Effective January 1, 2021, at a monthly rate of $118.61 per participant.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.89 1915(i) Intensive Behavioral Health Services for Children, Youth, and Families

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

Notice of Proposed Action

[21-208-P]

     The Secretary of Health proposes to amend Regulations .09—.12 under COMAR 10.09.89 1915(i) Intensive Behavioral Health Services for Children, Youth, and Families.

Statement of Purpose

The purpose of this action is to effectuate the 1915(i) Intensive Behavioral Health Services for Children, Youth, and Families program reimbursement rates provided in the Fiscal Year (FY) 2022 budget. Additionally, it preserves the rates in effect for the first half of FY 2021.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Fiscal Year (FY) 2022 budget includes a 3.5 percent rate increase for 1915(i) service providers. The total impact for FY 2022 is $1,916.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$1,916

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$1,916

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. and D. This amount assumes the following:

(1) Estimated expenditures are based on FY 2020 program expenditures. 1915(i) service utilization will remain consistent.

(2) In accordance with the Governor’s directive, Medicaid implemented the rate increase 6 months early on January 1, 2021. As such, FY 2021 expenditures reflect a mid-year rate increase.

(3) In FY 2022, the total impact of the rate increase on Medicaid expenditures for 1915(i) services will be equal to the difference between projected FY 2022 expenditures ($113,318) and FY 2021 expenditures ($111,402) for these services.

(4) This amount is subject to 64.63 percent blended federal match ($1,238 federal funds, $678 general funds).

Economic Impact on Small Businesses

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

The proposed action effectuates a 3.5 percent rate increase implemented on January 1, 2021. To the extent that 1915(i) providers enrolled with Medicaid and offering Family Peer Support, Community-Based and Out-of-Home Respite, Intensive In-Home Services, and Expressive and Experiential Behavioral services qualify as small businesses, they will benefit from $1,916 in increased reimbursement during FY 2022.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jason Caplan, 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, or email to jason.caplan2@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 18, 2021. A public hearing has not been scheduled.

.09 Covered Services — Family Peer Support Services.

Family peer support services:

A.E. (text unchanged)

F. Effective [July 1, 2020] January 1, 2021, are reimbursed at the following rates:

(1) [$18.51] $19.16 per 15 minute unit for face-to-face services; or

(2) [$9.25] $9.57 per 15 minute unit for telephonic or other non- face-to-face activities.

.10 Covered Services — Respite Services.

Respite services:

A.D. (text unchanged)

E. Effective [July 1, 2020] January 1, 2021, are reimbursed at the following rates:

(1) [$29.16] $30.18 per 1-hour unit of service for community-based respite services; or

(2) [$231.17] $239.26 per unit of out-of-home respite care.

.11 Covered Services — Expressive and Experiential Behavioral Services.

A.B. (text unchanged)

C. Reimbursement. Effective [July 1, 2020] January 1, 2021, reimbursement for services described in this regulation shall be as follows:

(1) For individual therapy provided by a:

(a) Licensed mental health professional at a rate of:

(i) [$79.29] $82.07 per 45—50 minute session; or

(ii) [$103.88] $107.52 per 75—80 minute session;

(b) Non-licensed mental health professional at a rate of:

(i) [$72.08] $74.60 per 45-minute session; or

(ii) [$93.71] $96.99 per 75—80 minute session; and

(2) For group therapy provided by a:

(a) Licensed mental health professional at a rate of:

(i) [$31.52] $32.62 per 45—60 minute session; or

(ii) [$40.99] $42.42 per prolonged (75—90 minute) session;

(b) Non-licensed mental health professional at a rate of:

(i) [$28.01] $28.99 per 45—60 minute session; or

(ii) [$36.41] $37.68 per prolonged (75—90 minute) session.

.12 Covered Services — Intensive In-Home Services.

A.E. (text unchanged)

F. Effective [July 1. 2020] January 1, 2021, reimbursement for IIHS services shall be provided at the rate of:

(1) [$288.50] $298.60 per week of service for EBP-IIHS providers; or

(2) [$228.88] $236.89 per week of service for non-EBP IIHS providers.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 67 MARYLAND HEALTHCHOICE PROGRAM

10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organizations

Authority: Health-General Article, §§2-104, 15-101, 15-102.3, and 15-103; Insurance Article, §§15-112, 15-605, and 15-1008; Annotated Code of Maryland

Notice of Proposed Action

[21-209-P]

     The Secretary of Health proposes to amend Regulation .19 under COMAR 10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organizations.

Statement of Purpose

The purpose of this action is to implement the calendar year (CY) 2021 HealthChoice Managed Care Organization capitation rates. Additionally, it preserves CY 2020 capitation rates.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The HealthChoice CY 2021 MCO rate adjustment is a decrease of $155,705,178 compared to the FY 2021 appropriation and previously projected spending for the first half of FY 2022. Overall, it is a 2.4 percent rate decrease.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E-)

$155,705,178

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

$155,705,178

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

 

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

A. and D. This amount assumes the following:

(1) For CY 2021, there is a 2.4 percent, equal to $155,705,178, decrease to the Department’s expenses.

(2) This amount is subject to a blended 70 percent federal match ($46,878,444 general funds, $108,826,734 federal funds).

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jason Caplan, 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 January 18, 2022. A public hearing has not been scheduled.

.19 MCO Reimbursement.

A. (text unchanged)

B. Capitation Rate-Setting Methodology.

(1)—(3) (text unchanged)

(4) Except to the extent of adjustments required by §D of this regulation or by Regulations .19-1—.19-4 of this chapter, the Department shall make payments monthly at the rates specified in the following tables:

[(a)][(d)] (proposed for repeal)

(a) Rate Table for Families and Children Effective January 1, 2020 — December 31, 2020.

 

 

Age/RAC

Gender

PMPM Baltimore City

PMPM Montgomery County

PMPM

Rest of State

 

Under age 1 Birth Weight 1500 grams or less

Both

$10,545.89

$9,424.40

$9,791.62

 

Under age 1 Birth Weight over 1500 grams

Both

$540.93

$483.41

$502.25

 

1—5

Male

$212.56

$189.96

$197.36

   

Female

$179.94

$160.82

$167.07

 

6—14

Male

$128.11

$114.49

$118.95

   

Female

$130.65

$116.76

$121.31

 

15—20

Male

$156.36

$139.73

$145.18

   

Female

$200.42

$179.11

$186.09

 

21—44

Male

$313.97

$244.47

$259.96

   

Female

$423.37

$329.65

$350.54

 

45—64

Male

$649.86

$506.01

$538.07

   

Female

$710.21

$552.99

$588.03

ACG-adjusted cells

ACG 100, 200, 300, 400, 500, 600, 700, 900, 1000, 1100, 1200, 1300, 1600, 1710, 1711, 1712, 1720, 1721, 1722, 1730, 1731, 1732, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2800, 2900, 3000, 3100, 3200, 3300, 3400, 3500, 3800, 4210, 5100, 5110, 5200 5230, 5310, 5339

RAC 1F

Both

$246.88

$192.23

$204.41


 

ACG 800, 1740, 1741, 1742, 1750, 2700, 3600, 1750, 1751, 1752, 2700, 3600, 3700, 3900, 4000, 4100, 4220, 4310, 4410, 4510, 4610, 4710, 4720, 4810, 5340

RAC 2F

Both

$404.93

$315.29

$335.27

ACG 1400, 1500, 1750, 1761, 1762, 1770, 1771, 1772, 2600, 4320, 4520, 4620, 4820    

RAC 3F

Both

$541.50

$421.63

$448.35

ACG 4330, 4420, 4830, 4910, 4920, 5010, 5020, 5040   

RAC 4F

Both

$765.47

$596.02

$633.79

ACG 4430, 4730, 4930, 5030, 5050

RAC 5F

Both

$1,093.51

$851.45

$905.40

ACG 4940, 5060   

RAC 6F

Both

$1,395.82

$1,086.83

$1,155.70

ACG 5070   

RAC 7F

Both

$2,384.13

$1,856.36

$1,973.99

ACG 100, 200, 300, 500, 600, 1100, 1600, 2000, 2400, 3400, 5100, 5110, 5200   

RAC 1G

Both

$95.15

$85.03

$88.34

ACG 400, 700, 900, 1000, 1200, 1300, 1710, 1711, 1712, 1800, 1900, 2100, 2200, 2300, 2800, 2900, 3000, 3100, 5310   

RAC 2G

Both

$120.44

$107.63

$111.83

ACG 1720, 1721, 1722, 1731, 1732, 1730, 2500, 3200, 3300, 3500, 3800, 4210, 5230, 5339

RAC 3G

Both

$155.94

$139.35

$144.78

ACG 800, 1740, 1741, 1742, 1750, 2700, 3600, 1750, 1751, 1752, 2700, 3600, 3700, 3900, 4000, 4100, 4220, 4310, 4410, 4510, 4610, 4710, 4720, 4810, 5340   

RAC 4G

Both

$216.35

$193.34

$200.87

ACG 1400, 1500, 1750, 1761, 1762, 1770, 1771, 1772, 2600, 4320, 4520, 4620, 4820   

RAC 5G

Both

$333.86

$298.36

$309.98

ACG 4330, 4420, 4830, 4910, 4920, 5010, 5020, 5040   

RAC 6G

Both

$412.16

$368.33

$382.68

ACG 4430, 4730, 4930,4940, 5030, 5050, 5060, 5070   

RAC 7G

Both

$1,171.43

$1,046.85

$1,087.64

SOBRA Mothers   

   

$782.58

$609.35

$647.96   

Persons with HIV

ALL

Both

$2,468.70

$2,468.70

$2,468.70

 

(b) Rate Table for Disabled Individuals Effective January 1, 2020 — December 31, 2020.

 

 

Age/RAC

Gender

PMPM

Baltimore

City

PMPM Montgomery County

PMPM

Rest of State

   

Under Age 1

Both

$8,185.50

$8,185.50

$8,185.50

   

1—5

Male

$1,118.79

$1,118.79

$1,118.79

   

   

Female

$1,494.58

$1,494.58

$1,494.58

   

6—14

Male

$250.31

$250.31

$250.31

   

   

Female

$489.01

$489.01

$489.01

   

15—20

Male

$257.52

$257.72

$257.52

   

   

Female

$315.55

$315.55

$315.55

   

21—44

Male

$837.74

$685.54

$717.57

   

   

Female

$829.48

$678.78

$710.49

   

45—64

Male

$2,287.81

$1,872.16

$959.63

   

45—64

Female

$2,675.35

$2,189.29

$2,291.58

ACG-adjusted cells

ACG 100, 200, 300, 1100, 1300, 1400, 1500, 1600, 1710, 1711, 1712, 1720, 1721, 1722, 1730, 1731, 1732, 1900, 2400, 2600, 2900, 3400, 5100, 5110, 5200, 5310    

RAC 10

Both

$327.55

$268.04

$280.57

ACG 400, 500, 700, 900, 1000, 1200, 1740, 1741, 1742, 1750, 1751, 1752 1800, 2000, 2100, 2200, 2300, 2500, 2700, 2800, 3000, 3100, 3200, 3300, 3500, 3900, 4000, 4310, 5330    

RAC 11

Both

$354.27

$289.90

$303.45

ACG 600, 1760, 1761, 1762, 3600, 3700, 4100, 4320, 4410, 4710, 4810, 4820    

RAC 12

Both

$691.31

$565.71

$592.15

ACG 3800, 4210, 4220, 4330, 4420, 4720, 4910, 5320    

RAC 13

Both

$810.19

$662.99

$693.97

ACG 800, 4430, 4510, 4610, 5040, 5340    

RAC 14

Both

$1,071.43

$876.77

$917.74

ACG 1770, 1771, 1772, 4520, 4620, 4830, 4920, 5050    

RAC 15

Both

$1,487.90

$1,217.58

$1,274.74

ACG 4730, 4930, 5010    

RAC 16

Both

$1,510.41

$1,235.99

$1,293.74

ACG 4940, 5020, 5060    

RAC 17

Both

$2,208.93

$1,807.61

$1,892.07

ACG 5030, 5070    

RAC 18

Both

$4,013.13

$3,284.02

$3,437.46

Persons with AIDS    

All

Both

$4,968.09

$3,504.83

$3,504.83

Persons with HIV

All

Both

$4,255.37

$4,255.37

$4,255.37

 


(c) Rate Table for Supplemental Payments for Delivery/Newborn and Hepatitis C Therapy Effective January 1, 2020 — December 31, 2020.

 

 

Age

Gender

Baltimore City

Montgomery County

Rest of State

Supplemental Payment Cells

   

   

   

   

   

Delivery/Newborn-all births except live birth weight 1,500 grams or less and gestational age of 21 weeks or more    

All

Both

$17,039.19

$13,490.76

$14,736.04

Delivery/Newborn — live birth weight 1,500 grams or less and a gestational age of 21 weeks or more

All

Both

$86,856.32

$86,856.32

$86,856.32

Delivery/Newborn by same enrollee — subsequent live birth weight 1,500 grams or less with a gestational age less than 21 weeks or does not meet the requirements in §B(4)(i) of this regulation

All

Both

$17,039.19

$13,490.76

$14,736.04

Hepatitis C Therapy

All

Both

$15,662.46

$15,662.46

$15,662.46

 

(d) Rate Table for Childless Adult Population Effective January 1, 2020 — December 31, 2020.

 

  

Age/RAC

Gender

PMPM Baltimore City

Montgomery County

PMPM

Rest of State

  

19—44

Male

$389.33

$295.91

$342.16

  

19—44

Female

$476.88

$361.99

$418.56

  

45—64

Male

$1,069.91

$812.15

$939.07

  

45—64

Female

$1,039.04

$788.71

$911.97

ACG-adjusted cells

  

  

  

  

  

ACG 100, 200, 300, 400, 500, 600, 700, 900, 1000, 1100, 1200, 1300, 1600, 1710, 1711, 1712, 1720, 1721, 1722, 1730, 1731, 1732, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2800, 2900, 3000, 3100, 3200, 3300, 3400, 3500, 3800, 4210, 5100, 5110, 5200 5230, 5310, 5339

RAC 1H

Both

$282.42

$247.88

$280.81

ACG 800, 1740, 1741, 1742, 1750, 2700, 3600, 1750, 1751, 1752, 2700, 3600, 3700, 3900, 4000, 4100, 4220, 4310, 4410, 4510, 4610, 4710, 4720, 4810, 5340

RAC 2H

Both

$471.76

$414.07

$422.55

ACG 1400, 1500, 1750, 1761, 1762, 1770, 1771, 1772, 2600, 4320, 4520, 4620, 4820

RAC 3H

Both

$489.23

$429.40

$439.99

ACG 4330, 4420, 4830, 4910, 4920, 5010, 5020, 5040

RAC 4H

Both

$899.28

$789.30

$763.22

ACG 4430, 4730, 4930, 5030, 5050

RAC 5H

Both

$1,155.28

$1,014.00

$955.15

ACG 4940, 5060

RAC 6H

Both

$1,639.97

$1,439.41

$1,234.70

ACG 5070

RAC 7H

Both

$2,477.09

$1,880.29

$2,174.15

HIV

19—64

Both

$2,991.40

$2,991.40

$2,991.40

 

(e) Rate Table for Families and Children Effective January 1, 2021 — December 31, 2021.

 

Age/RAC

Gender

PMPM Baltimore City

PMPM Montgomery County

PMPM

Rest of State

Under age 1 Birth Weight 1500 grams or less

Both

$10,801.56

$10,084.05

$10,367.99

Under age 1 Birth Weight over 1500 grams

Both

$531.06

$498.78

$509.74

1—5

Male

$213.82

$199.61

$205.23

Female

$176.22

$164.52

$169.15

6—14

Male

$112.91

$105.41

$108.37

Female

$106.03

$98.98

$101.77

15—20

Male

$188.76

$176.22

$181.18

Female

$185.28

$172.97

$177.84

21—44

Male

$296.27

$238.54

$256.08

Female

$410.17

$330.24

$354.54


 

45—64

Male

$727.80

$585.98

$629.09

Female

$681.00

$548.30

$588.63

ACG-adjusted cells

ACG 100, 200, 300, 400, 500, 600, 700, 900, 1000, 1100, 1200, 1300, 1400, 1500 1600, 1710, 1711, 1712, 1720, 1721, 1722, 1730, 1731, 1732, 1741, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2600, 2700, 2800, 2900, 3000, 3100, 3200, 3300, 3900, 3400, 3500, 3800, 4210, 4610, 5100, 5110, 5200 5230, 5310, 5339    

RAC 1F

Both

$207.12

$166.76

$179.03

ACG 800, 1740, 1741, 1742, 1750, 2700, 3600, 1732, 1750, 1751, 1752, 1761, 2700, 3200, 3300, 3600, 3700, 3900, 4000, 4100, 4220, 4310, 4320, 4410, 4510, 4610, 4620, 4710, 4720, 4810, 5010, 5340    

RAC 2F

Both

$373.28

$300.54

$322.65

ACG 1400, 1500, 1750, 1761, 1762, 1770, 1771, 1772, 2600, 4320, 4330, 4520, 4620, 4730, 4810, 4820,4910, 5020    

RAC 3F

Both

$571.66

$494.12

$460.27

ACG 0800, 1772, 4330, 4420, 4830, 4910, 4920, 5010, 5020, 5040   

RAC 4F

Both

$735.65

$592.31

$635.87

ACG 4430, 4730, 4920, 4930, 5030, 5050

RAC 5F

Both

$1,044.18

$840.70

$902.55

ACG 4940, 5030,5060   

RAC 6F

Both

$1,428.81

$1,150.40

$1,235.01

ACG 5070   

RAC 7F

Both

$2,469.99

$1,988.70

$2,134.97

ACG 100, 200, 300, 500, 600, 0400, 0900, 1100, 1300, 1600, 2000, 2400, 3400, 3900, 4000, 4100, 5100, 5110, 5200   

RAC 1G

Both

$78.17

$72.97

$75.03

ACG 400, 700, 900, 0100, 1000, 1200, 1300, 1400, 1500, 1710, 1711, 1712, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2600, 2800, 2900, 3000, 3100, 3400, 3500, 5310, 5321   

RAC 2G

Both

$109.00

$101.76

$104.63

ACG 1200, 1711, 1712, 1720, 1721, 1722, 1731, 1732, 1730, 2500, 2700, 2900, 3200, 3300, 3500, 3600, 3700, 3800, 4210, 5230, 5311, 5339

RAC 3G

Both

$152.99

$142.83

$146.85

ACG 800, 1721, 1722, 1740, 1741, 1742, 1750, 1751, 1752, 2700, 3600, 3700, 3900, 4000, 4100, 4220, 4310, 4410, 4510, 4520, 4610, 4710, 4720, 4810, 4332, 5340   

RAC 4G

Both

$221.94

$207.20

$213.03

ACG 1400, 1500,1731, 1732, 1741, 1750, 1751, 1761, 1762, 1770, 1771, 1772, 2600, 4320, 4520, 4620, 4820, 5010   

RAC 5G

Both

$381.05

$355.74

$365.76

ACG 0800, 1771, 1772, 4330, 4420, 4830, 4910, 4920, 5010, 5020, 5040   

RAC 6G

Both

$443.16

$413.72

$425.37

ACG 4430, 4730, 4930,4940, 5030, 5050, 5060, 5070   

RAC 7G

Both

$1,167.92

$1,090.34

$1,121.04

SOBRA Mothers   

$756.99

$609.48

$654.31   

Persons with HIV

ALL

Both

$2,772.07

$2,772.07

$2,772.07

 

(f) Rate Table for Disabled Individuals Effective January 1, 2021 — December 31, 2021.

 

Age/RAC

Gender

PMPM

Baltimore

City

PMPM Montgomery County

PMPM

Rest of State

   

Under Age 1

Both

$7,421.87

$7,421.87

$7,421.87

   

1—5

Male

$2,326.06

$2,326.06

$2,326.06

   

   

Female

$919.92

$919.92

$919.92

   

6—14

Male

$185.04

$185.04

$185.04

   

 

Female

$336.06

$336.06

$336.06

   

15—20

Male

$158.42

$158.42

$158.42

   

Female

$277.79

$277.79

$277.79

   

21—44

Male

$721.14

$592.87

$649.45

   

Female

$789.07

$648.18

$710.04

   

45—64

Male

$2,317.01

$1,903.30

$2,084.95

   

45—64

Female

$2,708.00

$2,224.47

$2,436.77

ACG-adjusted cells


 

ACG 100, 200, 300, 0500, 0600, 0700, 1000, 1100, 1200, 1300, 1400, 1500, 1600, 1710, 1711, 1712, 1720, 1721, 1722, 1730, 1731, 1732, 1741, 1900, 2000, 2100, 2200, 2400, 2500, 2600, 2700, 2900, 3400, 3500, 3800, 5100, 5110, 5200, 5310, 5331    

RAC 10

Both

$244.87

$201.15

$220.35

ACG 400, 500, 700, 900, 0300, 1000, 1400, 1200, 1712, 1732, 1740, 1741, 1742, 1750, 1751, 1752 1800, 1900, 2000, 2100, 2200, 2300, 2500, 2700, 2800, 3000, 3100, 3200, 3300, 3500, 3700, 3900, 4000, 4210, 4310, 4510, 4610, 4710, 5312, 5330    

RAC 11

Both

$324.66

$266.89

$292.14

ACG 600, 0100, 1721, 1751, 1752, 1760, 1761, 1762, 2900, 3600, 3700, 4100, 4220, 4320, 4330, 4410, 4710, 4720, 4810, 4820, 5010, 5322    

RAC 12

Both

$575.63

$472.85

$517.98

ACG 3800, 4100, 4210, 4220, 4330, 4410, 4420, 4520, 4620, 4720, 4730, 4820, 4910, 5020, 5320    

RAC 13

Both

$815.35

$699.76

$733.69

ACG 800, 1771, 4420, 4430, 4510, 4610, 4830, 4910, 5040, 5332, 5340    

RAC 14

Both

$1,152.30

$946.55

$1,036.89

ACG 1770, 1771, 1772, 4430, 4520, 4620, 4830, 4920, 5050    

RAC 15

Both

$1,527.61

$1,254.85

$1,374.61

ACG 0800, 4730, 4930, 5010, 5050    

RAC 16

Both

$1,483.61

$1,465.14

$1,604.97

ACG 4940, 5020, 5060    

RAC 17

Both

$2,371.86

$1,948.35

$2,134.30

ACG 5030, 5070, 5342    

RAC 18

Both

$3,991.27

$3,278.61

$3,591.52

Persons with AIDS    

All

Both

$5,003.30

$3,607.01

$3,607.01

Persons with HIV

All

Both

$4,554.33

$4,554.33

$4,554.33

 

(g) Rate Table for Supplemental Payments for Delivery/Newborn and Hepatitis C Therapy Effective January 1, 2021— December 31, 2021.

 

Age

Gender

Baltimore City

Montgomery County

Rest of State

Supplemental Payment Cells

   

   

   

   

   

Delivery/Newborn-all births except live birth weight 1,500 grams or less and gestational age of 21 weeks or more    

All

Both

$17,278.93

$12,566.25

$14,733.72

Delivery/Newborn — live birth weight 1,500 grams or less and a gestational age of 21 weeks or more

All

Both

$93,700.08

$93,700.08

$93,700.08

Delivery/Newborn by same enrollee — subsequent live birth weight 1,500 grams or less with a gestational age less than 21 weeks or does not meet the requirements in §B(4)(i) of this regulation

All

Both

$17,278.93

$12,566.25

$14,733.72

 

(h) Rate Table for Childless Adult Population Effective January 1, 2021 — December 31, 2021.

 

  

Age/RAC

Gender

PMPM Baltimore City

Montgomery County

PMPM

Rest of State

  

19—44

Male

$405.20

$315.63

$346.25

  

19—44

Female

$484.26

$377.21

$413.81

  

45—64

Male

$1,142.43

$889.88

$976.21

  

45—64

Female

$1,144.65

$891.61

$978.11

ACG-adjusted cells

  

  

  

  

  

ACG 100, 200, 300, 400, 500, 600, 700, 900, 1000, 1100, 1200, 1300, 1500, 1600, 1710, 1711, 1712, 1720, 1721, 1722, 1730, 1731, 1732, 1741, 1742, 1752, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500, 2700, 2800, 2900, 3000, 3100, 3200, 3300, 3400, 3500, 3800, 3900, 4000, 4210, 4310, 4510, 4710, 5100, 5110, 5200, 5230, 5310, 5339

RAC 1H

Both

$248.20

$193.33

$212.09

ACG 800, 0900, 1000, 1400, 1731, 1740, 1741, 1742, 1750, 1761, 1762, 2300, 2600, 2700, 3600, 1750, 1751, 1752, 2700, 3600, 3700, 3900, 4000, 4100, 4220, 4310, 4320, 4410, 4510, 4610, 4710, 4720, 4810, 4820, 5340

RAC 2H

Both

$454.46

$353.99

$388.34

ACG 1400, 1500, 1711, 1750, 1761, 1762, 1770, 1771, 1772, 2600, 4100, 4320, 4330, 4410, 4520, 4620, 4730, 4820, 5010, 5020

RAC 3H

Both

$583.20

$454.27

$498.34

ACG 0800, 1751, 1772, 4330, 4420, 4830, 4910, 4920, 5010, 5020, 5040

RAC 4H

Both

$863.24

$672.41

$737.65


 

ACG 4430, 4730, 4920, 4930, 5030, 5050

RAC 5H

Both

$1,249.46

$973.25

$1,067.68

ACG 4930, 4940, 5060

RAC 6H

Both

$1,680.86

$1,309.28

$1,436.31

ACG 5070

RAC 7H

Both

$2,579.16

$2,009.00

$2,203.91

HIV

19—64

Both

$3,135.78

$3,135.78

$3,135.78

 

[(e)] (i)[(h)] (l) (text unchanged)

[(i)] (m) An MCO is eligible to receive the subsequent very low birth weight payment in [§B(4)(c)] §B(4)(g) of this regulation if the mother:

(i)—(ii) (text unchanged)

(iii) Is eligible to receive either hydroxyprogesterone caproate or vaginal progesterone;

(iv) Has received the first hydroxyprogesterone caproate injection or first weekly dosing of vaginal progesterone between 16 weeks gestation and 24 weeks gestation and continued receiving injections or vaginal dosing until delivery or week 37 gestation; and

(v) Has received at least 2 hydroxyprogesterone caproate injections or two weeks of daily vaginal progesterone use.

(5) (text unchanged)

C. (text unchanged)

D. Interim Rates Adjustments.

(1) Under the circumstances described in §D(2) and (3) of this regulation, the Department shall adjust the capitation rates set forth in §B(4)(a) [and], (b), (e), and (f) of this regulation to reflect changes in service costs during the contract year due to an occurrence listed in §D(2) of this regulation.

(2) The Department shall adjust the payment rates specified in [§B(4)(a)—(d)] §B(4)(a)—(h) of this regulation to reflect service cost changes that qualify under §D(3) of this regulation and result from:

(a)(d) (text unchanged)

(3) The Department shall make an interim rates adjustment if the effect of an occurrence listed in §D(2) of this regulation is sufficient to result in program-wide overpayment or underpayment of at least 0.2 percent because of the difference between:

(a) Service cost projections used to develop the rates set forth in §B(4)(a) [and], (b), (e), and (f) of this regulation; and

(b) (text unchanged)

(4)(6) (text unchanged)

(7) The Department shall make an interim rates adjustment in Calendar Year 2022 to account for changes in acuity due to alterations in redetermination and enrollment processes related to COVID-19.

DENNIS R. SCHRADER
Secretary of Health

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS

13A.05.01 Provision of a Free Appropriate Public Education

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

Notice of Proposed Action

[21-206-P]

     The Maryland State Board of Education proposes to amend Regulations .03, .08, and .09 under COMAR 13A.05.01 Provision of a Free Appropriate Public Education. This action was considered by the State Board of Education at their October 26, 2021, meeting.

Statement of Purpose

The purpose of this action is to align special education regulations with changes made to Education Article, §8-405, Annotated Code of Maryland, during the 2021 legislative session. To ensure students with disabilities are provided with a free appropriate public education (FAPE), the statute requires each Individualized Education Program (IEP) to include a Learning Continuity Plan for implementation during emergency conditions. The proposed amendments define the Learning Continuity Plan and emergency conditions, specify its inclusion in the IEP, and provide a process with timelines for communication with the parent during emergency conditions.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Expenditures increase by approximately $115,000 in FY 2022 to cover one-time costs to the Maryland State Department of Education (MSDE) for the Maryland online IEP revisions, ELEVATE Maryland monitoring database system alterations, and IEP translation services. Some local school systems may incur database, translation, and training costs to meet the bill’s requirements.

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

Approximately $115,000

B. On other State agencies:

NONE

C. On local governments:

(E+)

Unknown

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. Expenditures increase by approximately $115,000 in FY 2022 to cover one-time costs to the Maryland State Department of Education (MSDE) for the Maryland online IEP revisions, ELEVATE Maryland monitoring database system alterations, and IEP translation services.

C. Some local school systems may incur database, translation, and training costs to meet the bill’s requirements.

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 an impact on individuals with disabilities as follows:

The proposed action will ensure additional education planning for students with disabilities to help ensure that a free appropriate public education (FAPE) is provided in the event of an emergency condition resulting in school closure. The proposed action will also ensure that communication between the local school systems and parents to address the provision of FAPE occurs in a timely manner during emergency conditions.

Opportunity for Public Comment

Comments may be sent to Marcella Franczkowski, Assistant State Superintendent, Division of Early Intervention and Special Education Services, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0238 (TTY 410-333-6442), or email to marcella.franczkowski@maryland.gov, or fax to 410-333-2488. Comments will be accepted through January 18, 2022. 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 February 22, 2022, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(22) (text unchanged)

(22-1) Emergency Conditions.

(a) “Emergency Conditions” means a period of time of 10 school days or longer, during which:

(i) A child with a disability cannot be provided with an individualized education program or special education services at school; and

(ii) The school is providing instruction in some form to its students.

(b) “Emergency conditions” does not include:

(i) Disciplinary removals for 10 or more days under COMAR 13A.08.01.11; or

(ii) Students unable to participate in their school of enrollment due to a physical or emotional condition as described under COMAR 13A.03.05.

(23)—(37) (text unchanged)

(37-1) “Learning Continuity Plan” means the sections of the IEP that address the provisions of a free appropriate public education during emergency conditions.

(38)—(85) (text unchanged)

.08 Individualized Education Program (IEP) Team Responsibilities.

A. (text unchanged)

B. IEP Review.

(1) A public agency shall ensure that the IEP team meets periodically, but not less than annually, to review and revise the IEP, as appropriate, to:

(a)—(d) (text unchanged)

(e) Address the student’s anticipated needs; [and]

(f) Address planning for emergency conditions; and

[(f)] (g) (text unchanged)

(2)—(6) (text unchanged)

.09 Individualized Education Program Document.

A. IEP Content.

(1) The IEP for a student with a disability shall include:

(a)—(f) (text unchanged)

(g) If the IEP team determines that a student may not participate in a particular Statewide or district-wide assessment, documentation by the team of:

(i)—(ii) (text unchanged)

(iii) Why a particular alternate assessment is appropriate; [and]

(h) The projected dates for initiation of services, and modifications as described in §A(1)(c) and (d) of this regulation, including the anticipated frequency, location, and duration[.]; and

(i) A learning continuity plan to address the provision of a free appropriate public education during emergency conditions.

(2)—(5) (text unchanged)

B.—F. (text unchanged)

G. Learning Continuity Plan.

(1) Consistent with §A(1)(i) of this regulation, each IEP shall include a learning continuity plan to ensure the provision of a free appropriate public education during emergency conditions.

(2) The learning continuity plan shall:

(a) Describe the methods through which the IEP services will be delivered during emergency conditions; and

(b) Be reviewed and updated, as appropriate, at least annually.

(3) The following sections of the IEP shall include planning for emergency conditions:

(a) Instructional and Assessment Accommodations;

(b) Supplementary Aids, Services, Program Modifications and Supports;

(c) Secondary Transition Activities;

(d) IEP Goals;

(e) Services; and

(f) Extended School Year Services.

(4) Notification of Emergency Conditions.

(a) Within 10 days of the local school system, public agency, or school determining that emergency conditions exist, a member of the IEP team shall make a documented reasonable attempt to notify the parent or guardian of a child that the plan for emergency conditions is in place.

(b) In contacting the parent or guardian, a member of the IEP team shall ensure the developed plan is still appropriate and discuss how it will best operate during the emergency conditions.

(5) Notwithstanding any other provision of law, the provision of services under a learning continuity plan during emergency conditions does not alter the child’s educational placement for purposes of a due process complaint brought under Education Article, §8-413, Annotated Code of Maryland.

MOHAMMED CHOUDHURY
State Superintendent of Schools

 

Subtitle 07 SCHOOL PERSONNEL

13A.07.11 Student Suicide Prevention and Safety Training

Authority: Education Article, §§2-205, 6-122, and 6-704, Annotated Code of Maryland

Notice of Proposed Action

[21-205-P]

     The Maryland State Board of Education proposes to amend Regulations .02 and .03 under COMAR 13A.07.11 Student Suicide Prevention and Safety Training. This action was considered by the State Board of Education at their October 26, 2021, meeting.

Statement of Purpose

The purpose of this action is to expand language on suicide prevention that requires in-service training to enable educators to recognize student behavioral health issues; recognize students experiencing trauma or violence out of school and refer students to behavioral health services; and, if the school is a community school, address support for any students needing the services at a community school.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Local school systems may need to purchase training materials such as on-line presentation or pre-made products addressing these issues. There is no impact on the Maryland State Department of Education.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

(E+)

Unknown

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Unknown

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Unknown

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

C. Cost of training materials that have been updated to meet the requirements of the legislation. Cost should be minimal and may be covered by previous training materials.

D. Possible source of income if they develop training materials.

F. Positive benefit to help prevent student suicide. Parental fiscal impact if more suicidal ideation is reported and parents take their child to a mental health professional to prevent suicide. Parent insurance should cover costs.

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 an impact on individuals with disabilities as follows: Depression rates may be higher for students with disabilities. This training will help certificated staff be aware of suicidal thoughts and behaviors in all students.

Opportunity for Public Comment

Comments may be sent to Dr. Lynne Muller, Section Chief, Student Services and School Counseling, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-3364 (TTY 410-333-6442), or email to lynne.muller@maryland.gov. Comments will be accepted through January 18, 2022. 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 February 22, 2022, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.02 Definition.

A. In this chapter, the following [term has] terms have the [meaning] meanings indicated.

B. [Term] Terms Defined.

(1) “Behavioral Health” means:

(a) Promotion of mental health, resilience, and well-being;

(b) Treatment of mental and substance use disorders; and

(c) Support for individuals who experience these conditions or are in recovery from these conditions, and for their family and community.

(2) “Certificated school personnel” means an individual who holds a certificate from the Maryland State Department of Education in:

[(1)] (a)—[(9)] (i) (text unchanged)

(3) “Trauma” means when an individual is exposed to an overwhelming event, or series of events, and is rendered helpless in the face of intolerable danger, anxiety, or instinctual arousal.

 

.03 Required Training.

A. All certificated school personnel who have direct contact with students on a regular basis shall complete training on or before December 1 of each year, by a method determined by each county board, in the skills required to:

(1) (text unchanged)

(2) Understand and respond to student mental health, student trauma, student safety and other topics related to student social and emotional well-being; [and]

(3) Identify professional resources to help students in crisis[.];

(4) Recognize student behavioral health issues;

(5) Recognize a student experiencing trauma or violence out of school and refer the student to behavioral health services, which includes, but is not limited to, the school counselor, school psychologist, school nurse, school social worker, and student support team; and

(6) If the school is a community school, support any students needing the services at a community school.

B. (text unchanged)

MOHAMMED CHOUDHURY
State Superintendent of Schools

 

Title 14
INDEPENDENT AGENCIES

Subtitle 04 MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION

Notice of Proposed Action

[21-203-P]

The Maryland Technology Development Corporation proposes to amend:

(1) Regulation .01 under COMAR 14.04.01 Definitions;

(2) Regulations .05, .06, and .09 under COMAR 14.04.02 Investment Programs;

(3) Regulations .01—.06 under COMAR 14.04.03 Pre-Seed Builder Fund and Inclusion Fund;

(4) Regulation .05 under COMAR 14.04.05 Seed Funds;

(5) Regulations .05 and .07 under COMAR 14.04.06 Maryland Venture Fund; and

(6) Regulation .04 under COMAR 14.04.07 Investment Committee.

Statement of Purpose

The purpose of this action is to update the regulations to conform to Ch. 195, Acts of 2021, Ch. 180, Acts of 2021, and Ch. 415, Acts of 2021, including amending definitions, adding provisions to govern TEDCO’s investments through the Inclusion Fund, and amending regulations to align with new statutory provisions for the Pre-Seed Builder Fund. Additionally, the action amends the definition of “early-stage business” and modifies certain eligibility requirements to expand the qualified businesses in which Maryland Technology Development Corporation (TEDCO) may invest. The action also amends regulations for the Pre-Seed Builder Fund to clarify that economic disadvantage is measured by analysis of the current owners regardless of their status as founders. To facilitate investment by TEDCO’s GAP Fund, the action amends regulations to eliminate the requirement that non-governmental matching funds be received by a business concurrently with the GAP Fund investment. Instead, the recipients of GAP Fund investments would be permitted receive the matching funds up to 90 days before the GAP Fund investment, so long as those matching funds are part of the same financing round as the GAP Fund investment. Finally, the action makes some administrative changes to repeal a confusing cross-reference and update a statutory citation.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed regulations make some updates to existing, approved regulations and have a minimal economic impact. The updates include changes to the reference to TEDCO’s “Executive Director”, now referred to as “Chief Executive Officer”; some changes to eligibility requirements for applicants, which broaden the scope of eligibility for applicants—more companies will be able to apply for an investment; some changes to the amount of money that can be invested in certain programs, which increases the amount of investment a company can receive; the addition of a new investment fund—the Inclusion Fund established by recent legislation, which could allow for more investments in companies; a change to the name “Builder Fund”, to “Pre-seed Builder Fund”, which does not have any economic impact; and some changes to update cross-references, which also do not have any economic impact.

None of these changes will have an impact on any of the following:

          a. Cost of providing goods and services;

          b. Effect on the workforce;

          c. Effect on the cost of housing;

          d. Efficiency in production and marketing;

          e. Capital investment, taxation, competition, and economic development; or

          f. Consumer choice.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

Expansion of companies eligible for investment.

(+)

Minimal

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

F. Broadening eligibility will allow more Qualified Businesses to apply for an investment.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Stephen Auvil, Chief Program Operations Officer, Maryland Technology Development Corporation, 7021 Columbia Gateway Drive, Suite 200, Columbia, MD 21046, or call (410) 715-4166, or email to Response@tedco.md, or fax to 410-740-9422. Comments will be accepted through January 18, 2022. A public hearing has not been scheduled.

 

14.04.01 Definitions

Authority: Economic Development Article, §§10-409 and 10-4A-27, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(6) (text unchanged)

(7) “Chief Executive Officer” means the individual who is named as the Chief Executive Officer of TEDCO by the TEDCO Board and employed by TEDCO.

[(7)] (8)[(8)] (9) (text unchanged)

[(9)] (10) “Early-stage business” means a business that:

(a) Except for businesses applying for investment under COMAR 14.04.03 or as otherwise provided in COMAR 14.04.05, commenced operations not more than [5] 7 years before the date on which the business submits an application for an investment by TEDCO;

(b) Has received not more than [$15,000,000] $30,000,000 in investment by persons other than TEDCO as of the date that the business submits an application for an investment by TEDCO; and

(c) (text unchanged)

[(10)] (11)[(11)] (12) (text unchanged)

[(12) “Executive Director” means the individual named as the Executive Director of TEDCO by the TEDCO Board.]

(13)—(29) (text unchanged)

 

14.04.02 Investment Programs

Authority: Economic Development Article, §§10-409 and 10-4A-27, Annotated Code of Maryland

.05 Procedures and Guidelines for Investment Decisions.

A.—C. (text unchanged)

D. Final Approval. The [Executive Director] Chief Executive Officer, in the [Executive Director’s] Chief Executive Officer’s sole discretion, shall base TEDCO’s final decision regarding an investment in an eligible applicant on:

(1)—(6) (text unchanged)

E.—F. (text unchanged)

.06 Amount of Money Available for Investment.

A. (text unchanged)

B. Amount for Each Investment Program.

(1) Pre-Seed Builder Fund and Inclusion Fund. TEDCO may make an investment of up to [$100,000] $250,000 in each business selected for participation in the Pre-Seed Builder Fund or the Inclusion Fund.

(2)—(4) (text unchanged)

C. Exceptions.

(1) The Board may increase or decrease the investment cap described in §B of this regulation at the request of the [Executive Director] Chief Executive Officer and in accordance with any limitations of the appropriation.

(2) (text unchanged)

.09 Investment Program Administration.

An action or decision required or permitted to be taken or made by TEDCO under the Act or these regulations, including execution of equity financing documents, may be taken by the [Executive Director] Chief Executive Officer or [Executive Director’s] Chief Executive Officer’s designee.

 

14.04.03 Pre-Seed Builder Fund and Inclusion Fund

Authority: Economic Development Article, §10-409, Annotated Code of Maryland

.01 Purpose.

These regulations prescribe the objectives and investment policy of the Pre-Seed Builder Fund and the Inclusion Fund, the standards for qualification and investment criteria for participation in the Pre-Seed Builder Fund and the Inclusion Fund, and procedures and guidelines for TEDCO’s selection of businesses to receive Pre-Seed Builder Fund and Inclusion Fund investment.

 

.02 Objective.

The objective of the Pre-Seed Builder Fund is to make pre-seed investments in and [provide executive support] to support the development of technology-based start-up businesses owned and managed by individuals who demonstrate economic disadvantage. The objective of the Inclusion Fund is to make investments in technology-based businesses that have grown since their pre-seed stage and are owned and managed by individuals who demonstrate economic disadvantage.

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

[(1) “Builder Fund” means the program authorized in accordance with the Act and these regulations through which TEDCO may make pre-seed investments in early-stage technology-based businesses.]

[(2)] (1) (text unchanged)

(2) “Inclusion Fund” means the program established by §§10-481—10-483 of the Act.

(3) “Pre-Seed Builder Fund” means the program established by §10-486 of the Act.

.04 Investment Philosophy and Types of Qualified Businesses.

The Pre-Seed Builder Fund and Inclusion Fund [identifies] each identify investment opportunities in businesses that are often overlooked by traditional sources of investment and financing because of economic disadvantage and [seeks] seek to invest in early-stage technology-based businesses that have the potential, with the Pre-Seed Builder Fund investment, the Inclusion Fund investment, or other TEDCO services, to create jobs in the State and become attractive targets for follow-on financing or investment.

.05 Eligibility.

A. (text unchanged)

B. Eligibility Requirements Specific to Pre-Seed Builder Fund. In addition to the requirements set forth in COMAR 14.04.02.04, TEDCO shall be satisfied that:

(1) At the time of TEDCO’s investment, at least one [founder] owner or executive manager who has demonstrated economic disadvantage works at the applicant full-time;

(2) [The founder of the applicant has a demonstrated economic disadvantage] At the time of TEDCO’s investment, at least 50 percent of the applicant is owned by one or more individuals who have demonstrated economic disadvantage; and

(3) If required by TEDCO, the founders, owners, managers, or officers agree to receive executive support.

C. [Applicants with Multiple Founders. If there is more than one founder of the applicant, founders owning in the aggregate not less than 50 percent of the applicant, have demonstrated economic disadvantage.] Eligibility Requirements Specific to Inclusion Fund. In addition to the requirements set forth in COMAR 14.04.02.04 and §B(1) and (3) of this regulation, TEDCO shall be satisfied that:

(1) At the time of TEDCO’s investment, at least 30 percent of the applicant is owned by one or more individuals who have demonstrated economic disadvantage; and

(2) For at least 1 year after the time of TEDCO’s investment, the applicant is controlled and managed by one or more individuals who have demonstrated economic disadvantage.

.06 Procedures and Guidelines for Investment Decisions.

A. In General. Except as provided in §§B and C of this regulation, TEDCO shall select businesses for investment by the Pre-Seed Builder Fund or the Inclusion Fund in accordance with the application process as set forth in COMAR 14.04.02.

B. Investment Criteria.

(1) In addition to the investment criteria described in COMAR 14.04.02.05, the following investment criteria shall form the basis of TEDCO’s determination of the applicant’s potential to attract subsequent financing or investment after participating in the Pre-Seed Builder Fund or the Inclusion Fund and to create jobs in the State:

(a)—(b) (text unchanged)

(2) TEDCO shall use the investment criteria to evaluate applicants to determine:

(a) (text unchanged)

(b) The extent to which the achievement of milestones determined by TEDCO or the receipt of executive support will be a condition of investment by the Pre-Seed Builder Fund or Inclusion Fund.

(3) (text unchanged)

C. Re-application After Initial Rejection. If TEDCO rejects a business for investment by the Pre-Seed Builder Fund or by the Inclusion Fund after the business submits a first application to TEDCO, the business may re-apply to TEDCO upon the later of:

(1) [One-hundred and twenty] 120 days after the date on which TEDCO issues a written rejection to the business; or

(2) (text unchanged)

D. Re-application After Subsequent Rejection. If TEDCO rejects a business for investment by the Pre-Seed Builder Fund or by the Inclusion Fund any time after the business submits a second application to TEDCO, the business may re-apply to TEDCO upon the later of:

(1) [One] 1 year after the date on which TEDCO issues a written rejection to the business; or

(2) (text unchanged)

 

14.04.05 Seed Funds

Authority: Economic Development Article, §10-409, Annotated Code of Maryland

.05 Eligibility.

A. (text unchanged)

B. Eligibility for Specific Seed Funds.

(1) For Technology Commercialization Fund investments, at the time of the application and initial investment, the business:

(a) Has raised not more than [$2,500,000] $10,000,000 of dilutive funding, not including the investment; and

(b) Employs not more than [15] 30 employees.

(2) For Cybersecurity Investment Fund investments, the business:

(a) (text unchanged)

(b) At the time of the application and initial investment:

(i) Has raised not more than [$2,500,000] $10,000,000 of dilutive funding, not including the investment; and

(ii) Employs not more than [15] 30 employees.

(3) For GAP Fund investments, the business:

(a) Shall have secured verifiable funding commitments from non-government sources for a [concurrent] $1:1 ratio match to TEDCO’s investment, the receipt of which by the business shall be a condition of closing the TEDCO investment;

(b) Shall receive the non-governmental source of funding specified in §B(3)(a) of this regulation not more than 90 days before TEDCO’s investment and in connection with the same financing round in which TEDCO invests; and

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

[(c)] (d) At the time of application and initial investment:

(i) Has raised not more than [$5,000,000] $10,000,000 of dilutive funding, not including the investment; and

(ii) (text unchanged)

(4) For Life Science Investment Fund[, the business]:

(a) The business shall be considered an early-stage business if the business submits an application for investment to TEDCO:

(i) Not more than 7 years after the date on which the business commenced operations or not more than 5 years after the date on which the business received its final approval from the United States Food and Drug Administration for the product or device the business is developing, whichever is later; and

(ii) Otherwise meets the requirements of an early-stage business;

[(a)] (b) [Shall] The business shall be in the process of developing a technology for a product for human health that requires approval from the United States Food and Drug Administration prior to market; and

[(b)] (c) At the time of the application and initial investment, the business:

(i) Has raised not more than [$2,500,000] $10,000,000 of dilutive funding, not including the investment; and

(ii) Employs not more than [15] 30 employees.

 

14.04.06 Maryland Venture Fund

Authority: Economic Development Article, §§10-409 and 10-4A-27, Annotated Code of Maryland

.05 Eligibility.

[A. In General. Except as provided in §B of this regulation,] TEDCO shall be satisfied that the applicant meets the requirements under COMAR 14.04.02.04.

[B. Eligibility for Investment by the Maryland Venture Fund. For the Invest Maryland Program investments that are funded from the allocated designated capital under §10-4A-09(b)(2)(ii) of the Act, the business shall be a qualified business as defined in §10-4A-01(o) of the Act.]

.07 Procedures and Guidelines for Investment Decisions.

A.—B. (text unchanged)

C. State Small Business Credit Initiative Funds. All investments using proceeds through the Enterprise Fund allocated to the State under the federal State Small Business Credit Initiative [Act of 2010] shall comply with 12 U.S.C. 5701 et seq., as amended.

 

 14.04.07 Investment Committee

Authority: Economic Development Article, §§10-408 and 10-4A-27, Annotated Code of Maryland

.04 Standards for Review and Approval of Investments.

A. Responsibilities of the Committee.

(1) Consider and Determine Substantial Economic Impact. Upon request by [Executive Director] Chief Executive Officer of TEDCO, the Investment Committee shall determine whether an investment in a business will have a substantial economic impact in the State. If the Investment Committee determines that an investment will have a substantial economic impact in the State, the Investment Committee shall authorize TEDCO to make the investment. If the Investment Committee does not determine that the investment will have a substantial economic impact in the State, the Investment Committee may not authorize TEDCO to make the investment.

(2)—(4) (text unchanged)

B. (text unchanged)

TROY A. LeMAILE-STOVALL
Executive Director and Chief Executive Officer

 

Subtitle 33 DEPARTMENT OF INFORMATION TECHNOLOGY

Notice of Proposed Action

[21-199-P]

The Department of Information Technology proposes to:

(1) Amend Regulation .02 under COMAR 14.33.01 Definitions and General Provisions; and

(2) Amend Regulations .01 and .02, repeal existing Regulations .03—.11, adopt new Regulations .03—.06, and amend and recodify existing Regulation .12 to be Regulation .07 under COMAR 14.33.02 Information and Communication Technology Nonvisual Access Standards.

Statement of Purpose

The purpose of this action is to update COMAR 14.33.01 and COMAR 14.33.02 to be in accordance with Ch. 632 (S.B. 286), Acts of 2018, which states, the Secretary, or the Secretary’s designee, shall adopt new nonvisual access procurement standards that (i) provide an individual with disabilities with nonvisual access in a way that is fully and equally accessible to and independently usable by the individual with disabilities so that the individual is able to acquire the same information, engage in the same interactions, and enjoy the same services as users without disabilities, with substantially equivalent ease of use and (ii) are consistent with the standards of §508 of the Federal Rehabilitation Act of 1973.

Comparison to Federal Standards

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

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

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

The regulations will update standards for nonvisual access to eligible State-procured hardware, software, support documentation, and support services in the State of Maryland.

Opportunity for Public Comment

Comments may be sent to Elizabeth Hall, Director of Interagency Affairs, Maryland Department of Disabilities, 217 E. Redwood Street, Suite 1300, Baltimore, MD 21202, or call (767) 410-3652, or email to elizabeth.hall2@maryland.gov. Comments will be accepted through January 18, 2022. A public hearing has not been scheduled.

 

14.33.01 Definitions and General Provisions

Authority: State Finance and Procurement Article, §§3A-303, 3A-311, and 3A-312, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined

(1)—(2) (text unchanged)

[(3) “Applet” means a program or subprogram that interprets content on web pages.

(4) Assistive Technology.

(a) “Assistive technology” means any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional facilities of individuals with disabilities.

(b) “Assistive technology” does not include personal headsets for private listening.]

(3) “Application” means software designed to perform, or to help the user to perform, a specific task or tasks.

(4) “Assistive technology (AT)” means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.

(5) “Audio description”, “video description”, or “descriptive narration” means narration added to a soundtrack, usually during existing pauses in dialogue, to:

(a) Describe important visual details that cannot be understood from the main soundtrack alone;

(b) Inform individuals who are blind or who have low vision about visual content essential for comprehension;

(c) Provide information about actions, characters, scene changes, on-screen text, and other visual content; and

(d) Supplement the regular audio track of a program.

(6) “Authoring tool” means any software, or collection of software components, that can be used by authors, alone or collaboratively, to create or modify content for use by others, including other authors.

(7) Closed Functionality.

(a) “Closed functionality” means characteristics that limit functionality or prevent a user from attaching or installing assistive technology.

(b) “Closed functionality” includes self-service machines, information kiosks, set-top boxes, fax machines, calculators, and computers that are locked down so that users may not adjust settings due to a policy such as desktop core configuration.

(8) “Content” means electronic information and data, as well as the encoding that defines its structure, presentation, and interactions.

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

(10) Document.

(a) “Document” means a logically distinct assembly of content (such as a file, set of files, or streamed media) that: Functions as a single entity rather than a collection; is not part of software; and does not include its own software to retrieve and present content for users.

(b) “Document” includes, but is not limited to, letters, email messages, spreadsheets, presentations, podcasts, images, and movies.

[(6)] (11) (text unchanged)

[(7) “Image map” means an image that has been divided into regions with associated actions which by clicking on an active region causes an action to occur.

(8) “Information technology” means all electronic information processing hardware and software, including:

(a) Maintenance;

(b) Telecommunications; and

(c) Associated consulting services.

(9) “Information technology services” means information provided by electronic means by or on behalf of a unit of State of government.

(10) Intranet.

(a) “Intranet” means an organization’s internal Internet.

(b) “Intranet” is a privately maintained network based on the transmission control protocol/Internet protocol (TCP/IP), offering the same kind of facilities, news, file transfer protocol (FTP), and World Wide Web (WWW) as can be found on the Internet.

(c) “Intranet” may only be accessed by users authorized by the owning organization.]

(12) “Existing ICT” means ICT that was procured, maintained, or used on or before January 18, 2018.

(13) “Hardware” means a tangible device, equipment, or a physical component of nonvisual ICT, such as telephones, computers, multifunction copy machines, and keyboards.

(14) “Information technology” has the meaning set forth in 40 U.S.C. 11101(6).

(15) Information and Communication Technology (ICT).

(a) “Information and communication technology (ICT)” means information technology and other equipment, systems, technologies, or processes for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content.

(b) “Information and communication technology (ICT)” includes, but is not limited to:

(i) Computers and peripheral equipment;

(ii) Information kiosks and transaction machines;

(iii) Telecommunications equipment;

(iv) Customer premises equipment;

(v) Multifunction office machines;

(vi) Software;

(vii) Applications;

(viii) Websites;

(ix) Videos; and

(x) Electronic documents.

(16) Keyboard.

(a) “Keyboard” means a set of systematically arranged alphanumeric keys or a control that generates alphanumeric input by which a machine or device is operated.

(b) “Keyboard” includes tactilely discernible keys used in conjunction with the alphanumeric keys if their function maps to keys on the keyboard interfaces.

(17) “Label” means text, or a component with a text alternative, that is presented to a user to identify content. A label is presented to all users, whereas a name may be hidden and only exposed by assistive technology. In many cases, the name and the label are the same.

(18) “Name” means text by which software can identify a component to the user. A name may be hidden and only exposed by assistive technology, whereas a label is presented to all users. In many cases, the label and the name are the same. Name is unrelated to the name attribute in HTML.

(19) “Nonweb software” means software that is not:

(a) A webpage;

(b) Embedded in a webpage; and

(c) Used in the rendering or functioning of webpages.

[(11)] (20) (text unchanged)

[(12) “Personal digital assistant (PDA)” means a hand-held computer used in:

(a) Entering, storing, and displaying schedules, appointments, addresses, phone numbers, and other personal data; and

(b) Sending and receiving messages and faxes.

(13) “Screen reader” means a software program that reads the contents of the screen aloud to a user, which:

(a) Is used primarily by individuals who are blind;

(b) Usually reads only text that is printed to the screen; and

(c) Does not generally read graphic images.

(14) Self-Contained, Closed Products.

(a) “Self-contained, closed products” means products that generally have embedded software and are commonly designed so that a user cannot easily attach or install assistive technology.

(b) “Self-contained, closed products” include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products.

(15) “Script” means a programmatic set of instructions that when downloaded with a web page will permit the user’s computer to share the processing of information with the web server.

(16) Style Sheet.

(a) “Style sheet” means a set of statements, generally termed templates, that specify presentation of a document.

(b) “Style sheet” may be written by content providers, created by users, or built into user agents.

(17) “Telecommunications” means the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means.

(18) “Text equivalents” means alternative presentations of graphic or audio information or functionality in words readable electronically as data.]

(21) “Operable part” means the hardware-based user controls for activating, deactivating, or adjusting ICT.

(22) “Platform accessibility services” means the services provided by a platform enabling interoperability with assistive technology, including application programming interfaces (API) and the document object model (DOM).

(23) Platform Software.

(a) “Platform Software” means software that:

(i) Interacts with hardware or provides services for other software;

(ii) May run or host other software;

(iii) May isolate the other software from underlying software or hardware layers; and

(iv) May have both platform and nonplatform aspects.

(b) “Platform software” includes:

(i) Desktop operating systems;

(ii) Embedded operating systems, including mobile systems;

(iii) Web browsers;

(iv) Plug-ins to web browsers that render a particular media or format; and

(v) Sets of components that allow other applications to execute, such as applications which support macros or scripting.

(24) “Programmatically determinable” means the ability to be determined by software from author-supplied data that is provided in a way that different user agents, including assistive technologies, can extract and present the information to users in different modalities.

(25) “Public facing” means the content made available by an agency to members of the general public, including, but not limited to, an agency web site, blog post, or social media page.

(26) “Software” means programs, procedures, rules, and related data and documentation that direct the use and operation of ICT and instruct it to perform a given task or function, including, but not limited to, applications, non-web software, and platform software.

(27) Software Tool.

(a) “Software tool” means software:

(i) For which the primary function is the development of other software;

(ii) That usually comes in the form of an integrated development environment (IDE); and

(iii) Is a suite of related products and utilities.

(b) “Software tool” includes Microsoft® Visual Studio®, Apple® Xcode®, and Eclipse Foundation Eclipse®.

(28) “Telecommunications” means the signal transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.

(29) “Terminal” means a device or software with which the end user directly interacts and that provides the user interface, including software that provides the user interface on more than one device such as a telephone and a server.

(30) “Text” means a sequence of characters that can be programmatically determined and that expresses something in human language.

(31) “Voice over Internet protocol (VoIP)” means technology that provides real-time voice communications and requires a broadband connection from the user’s location and customer premises equipment compatible with Internet protocol.

(32) “Webpage” means a nonembedded resource obtained from a single universal resource identifier (URI) using hypertext transfer protocol (HTTP), plus any other resources that are provided for the rendering, retrieval, and presentation of content.

 

14.33.02 Information and Communication Technology Nonvisual Access Standards

Authority: State Finance and Procurement Article, §3A-303(a)(5), 3A-311, and 3A-312, Annotated Code of Maryland

.01 Purpose.

A. The purpose of this chapter is to implement State Finance and Procurement Article, [§3A-305(5)] §§3A-303(a)(5), 3A-311, and 3A-312, Annotated Code of Maryland.

B. This chapter sets forth uniform nonvisual access standards to be used in the procurement of information and communication technology (ICT) and the provision of [information technology] ICT services by or on behalf of agencies.

.02 Scope.

A. This chapter applies to the procurement of [information technology] ICT and the provision of [information technology] ICT services by or on behalf of agencies, except if:

(1) The [information technology] ICT is not available with nonvisual access because the essential elements of the information technology are visual and a nonvisual equivalent cannot be developed; or

(2) The cost of modifying the [information technology] ICT for compatibility with software and hardware for nonvisual access would increase the price of the procurement by more than [5] 15 percent.

B. This chapter does not apply to [information technology] ICT that is acquired and used by a contractor:

(1) (text unchanged)

(2) To the extent that the [information technology] ICT is not transferred to the State or any agency as part of the contractor’s obligations to perform or incorporated into the deliverables provided to the State or any agency under the contract.

C. The [information technology] ICT products or [information technology] ICT services a contractor develops, procures, maintains, or uses that are not specified as part of a contract with the State or any agency are not required to comply with this chapter.

D. (text unchanged)

E. Except as otherwise required to comply with the requirements of other law, this chapter may not be construed to require agencies:

(1) To provide access to the public to information at a location other than where the [electronic and information technology] ICT is ordinarily provided to the public; or

(2) To purchase products for access and use by individuals with disabilities at a location other than where the [information technology] ICT is ordinarily provided to the public.

F. (text unchanged)

G. Except as provided by §§A—F of this regulation, ICT and ICT services procured, used, maintained, developed, and provided by or on behalf of agencies shall be nonvisually accessible in accordance with the standards promulgated in this chapter.

H. Agencies shall procure ICT and services that comply with the provisions in this chapter when such ICT and ICT services are available in the commercial marketplace or developed in response to a State government solicitation.

I. Best Meets. If ICT conforming to one or more provisions in this chapter is not commercially available, the agency shall procure the ICT that best meets the agency’s business needs, consistent with this chapter.

J. Best Meets Required Documentation. The responsible agency official shall document in writing:

(1) The nonavailability of conforming ICT, including a description of market research performed and which provisions cannot be met; and

(2) The basis for determining that the ICT to be procured best meets the agency’s business needs, consistent with this chapter.

K. Best Meets Alternative Means. If ICT that fully conforms to the provisions of this chapter is not commercially available, the agency shall provide individuals with visual disabilities access to and use of information and data by an alternative means that meets identified needs.

L. This chapter may not be construed to prohibit the use of designs or technologies as alternatives to those prescribed in this chapter if they result in substantially equivalent or greater access for people with visual disabilities.

.03 Functional Performance Criteria.

A. Functional performance criteria shall apply to Regulations .04—.06 of this chapter.

B. ICT shall be considered nonvisually accessible if the ICT meets the following requirements:

(1) Without Vision. If a visual mode of operation is provided, ICT shall provide at least one mode of operation that does not require user vision.

(2) With Limited Vision. If a visual mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited vision.

(3) Without Perception of Color. If a visual mode of operation is provided, ICT shall provide at least one nonvisual mode of operation that does not require user perception of color.

.04 Hardware.

A. Scope. The requirements of this regulation shall apply to ICT that is hardware if required by Regulation .02 of this chapter and if otherwise referenced in this chapter.

B. Closed Functionality.

(1) ICT with closed functionality shall be operable without requiring the user to attach or install assistive technology other than personal headsets or other audio couplers.

(2) Speech-Output Enabled Exceptions. The following are exceptions to §B(3) of this regulation:

(a) Speech output shall not be required if ICT display screens only provide status indicators and those indicators conform to §H of this regulation in lieu of subsection §B(3) of this regulation.

(b) If speech cannot be supported due to constraints in available memory or processor capability, ICT shall be permitted to conform to §H of this regulation.

(c) Audible tones shall be permitted instead of speech output if the content of user input is not displayed as entered for security purposes, including, but not limited to, asterisks representing personal identification numbers.

(d) Speech output shall not be required for the:

(i) Machine location;

(ii) Date and time of transaction;

(iii) Customer account number; and

(iv) Machine identifier or label.

(e) Speech output shall not be required for advertisements and other similar information unless they convey information that can be used for the transaction being conducted.

(3) Speech-Output Enabled.

(a) ICT with a display screen shall be speech-output enabled for full and independent use by individuals with vision impairments.

(b) Information Displayed On-Screen. Speech output shall be provided for all information displayed on-screen.

(c) Transactional Outputs. If transactional outputs are provided, the speech output shall audibly provide all information necessary to verify a transaction.

(d) Speech Delivery Type and Coordination.

(i) Speech output shall be delivered through a mechanism that is readily available to all users, including, but not limited to, an industry standard connector or a telephone handset.

(ii) Speech shall be recorded or digitized human or synthesized.

(iii) Speech output shall be coordinated with information displayed on the screen.

(e) User Control. The requirements for user control are as follows:

(i) Speech output for any single function shall be automatically interrupted when a transaction is selected.

(ii) Speech output shall be capable of being repeated and paused.

(4) Braille Instructions Exception. Section B(5) of this regulation does not apply to devices for personal use.

(5) Braille Instructions. The Braille Instructions are as follows:

(a) If speech output is required by §B(3) of this regulation, braille instructions for initiating the speech mode of operation shall be provided.

(b) Braille shall be contracted and shall conform to 36 CFR §1191.D.703.3.1. which is incorporated by reference herein.

C. Volume.

(1) ICT that delivers sound, including speech output required by §B(3) of this regulation shall provide volume control and output amplification conforming to this section.

(2) Private Listening. The volume requirements for private listening are as follows:

(a) If ICT provides private listening, it shall provide a mode of operation for controlling the volume.

(b) If ICT delivers output by an audio transducer typically held up to the ear, a means for effective magnetic wireless coupling to hearing technologies shall be provided.

(3) Nonprivate Listening. The volume requirements for nonprivate listening are as follows:

(a) If ICT provides nonpri