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10.22.12.00.htm 10.22.12.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 22 DEVELOPMENTAL DISABILITIES Chapter 12 Eligibility for and Access to Community Services for Individuals with Developmental Disability Authority: Health-General Article, §7-401, Annotated Code of Maryland
10.22.12.01.htm 10.22.12.01. 01 Purpose.. A. These regulations specify the individuals with developmental disability who are eligible for Developmental Disabilities Administration (DDA) funded services, the eligibility criteria which are set forth in Health-General Article, Title 7, Annotated Code of Maryland, and the process of eligibility determination.B. These regulations delineate the eligibility and access determination process involved in obtaining funding for services from the Developmental Disa
10.22.12.02.htm 10.22.12.02. 02 Scope.. A. This chapter is applicable to the eligibility and access process for individuals with developmental disability involved in seeking funding from the Developmental Disabilities Administration for services provided in community programs under the jurisdiction of the Administration. They do not apply to those similar processes which are related to services provided in State residential centers (SRCs) that are operated by the DDA.B. This chapter is not in
10.22.12.03.htm 10.22.12.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration" means the Developmental Disabilities Administration (DDA). 2) "Alternative living unit (ALU) means a residence that:. a) Provides residential services for individuals who, because of developmental disability, require specialized living arrangements;b) Admits not more than three individuals; and.
10.22.12.04.htm 10.22.12.04. 04 Accessing the DDA Service Delivery System by Individuals with Developmental Disability.. A. Referrals.. 1) An individual may be referred for service or services funded by the DDA by anyone who has legitimate interest in the welfare of the individual.2) Individuals shall make referrals to and obtain applications from the DDA or its designee.. 3) Individuals making referrals on behalf of individuals purported to have a developmental disability shall make them either
10.22.12.05.htm 10.22.12.05. 05 Eligibility Criteria and Preliminary Determination Process.. A. Eligibility Criteria. To be eligible for services funded by the DDA as an individual with developmental disability, that individual shall:1) Be a resident of Maryland; and. 2) Have an evaluation that finds that a developmental disability is present.. B. Preliminary Determination Process.. 1) The DDA access unit shall complete the preliminary determination and send the applicant, caregiver, or other proponent, wh
10.22.12.06.htm 10.22.12.06. 06 Eligibility Determination Process ― Personal Contact and Determination of Service Needs.. A. Determination of Service Needs.. 1) When a personal contact is made by a representative of the DDA, in accordance with Regulation .05B(3)c) of this chapter, the representative shall:a) Establish if the individual has a developmental disability;. b) Establish the nature of the disability;. c) Collect sufficient information, including any existing evaluations, to make a recommendation conc
10.22.12.07.htm 10.22.12.07. 07 Eligibility Determination Process ― Determination of Service Priority Category and Description of Categories.A. Determination of Service Priority Category.. 1) The regional director shall base the recommendation regarding service priority on the determination that the individual meets the criteria for one or more of the following categories, which are listed in the order of priority in which applicants shall receive services:a) Category I ― Crisis Resolution;.
10.22.12.08.htm 10.22.12.08. 08 Letter of Final Determination.. A. Within 60 days of the receipt of the application, the final letter of determination indicating eligibility, priority, and service needs shall be sent to the applicant, caregiver, or other proponent, when one exists.B. The letter shall contain the following information:. 1) A statement that the individual has a developmental disability or the individual does not have a developmental disability, but may be eligible for individual support servic
10.22.12.09.htm 10.22.12.09. 09 Local Review Committee.. A. The regional director shall establish one or more local review committees.. B. The function of the LRC is to review the service needs of eligible individuals and make recommendations regarding service needs to the regional director. The LRC shall be appointed by the regional director from among the following:1) County government, including local health departments;. 2) DDA;. 3) Advocacy or developmental disability provider agencies; and. 4) Parents..
10.22.12.10.htm 10.22.12.10. 10 Confirmation of Eligibility for Service Provision.. A. Confirmation of eligibility, which is established before selection of the individual to receive services, is based on an evaluation in accordance with Health-General Article, §7-404, Annotated Code of Maryland. The exception shall be an emergency situation when a crisis needs to be immediately resolved as specified in Regulation .11B.B. The regional director shall be responsible for assuring that the evaluat
10.22.12.11.htm 10.22.12.11. 11 Initiation of Services.. A. Initiation of service delivery to an eligible individual seeking DDA-funded services shall be dependent upon:1) Assigned service priority, except for family support services and low intensity support services which are provided on a first-come, first-served basis;2) Availability and allocation of funds provided to the DDA;. 3) Availability of an appropriate community vacancy; and.
10.22.12.12.htm 10.22.12.12. 12 Admission to and Discharge from DDA Community-Funded Services.. A. Exception. This regulation does not apply to family services or low intensity support services.. B. General Requirements for Assigning Vacancies or Providing Support Services.. 1) Only those individuals seeking DDA-funded services and who have been deemed eligible by the DDA in accordance with Regulations .05―10 of this chapter may be served by community service providers in DDA-funded vacancies or
10.22.12.13.htm 10.22.12.13. 13 Eligibility for Other Services.. A. An individual's eligibility for services provided by any other public or private agency may not be affected by the individual's eligibility for services pursuant to these regulations.B. If an individual who is eligible for services funded by the DDA may also be eligible for services provided by another agency, the DDA or its agent shall refer the individual to that agency.
10.22.12.14.htm 10.22.12.14. 14 Reporting Requirements.. The DDA access unit shall issue an annual report on the characteristics of applicants for DDA-funded services which shall include:A. Information on the total number of individuals waiting for services by service request and priority category;B. The number of individuals who have been added or removed by service request and priority category; andC. Other pertinent information which would assist in planning for future services or evaluating curr
10.22.12.15.htm 10.22.12.15. 15 Administrative and Judicial Review.. A. Pursuant to COMAR 10.22.16:. 1) On any action or inaction of the Secretary pursuant to Regulations .01―14 of this chapter, an applicant for or recipient of DDA-funded services may request:a) An informal hearing before the Secretary's designee, and. b) The Secretary to review the decision of the informal hearing if that decision is not acceptable.. 2) Informal hearings under §A(1)a) of this chapter shall be conducted in ac
10.22.12.9999.htm 10.22.12.9999. Administrative History Effective date: March 4, 1991 (18:4 Md. R. 447). Regulation .03B amended effective September 28, 1992 (19:19 Md. R. 1708). Regulations .03B and .12A amended as an emergency provision effective June 14, 1996 (23:14 Md. R. 1006) amended permanently effective December 2, 1996 (23:24 Md. R. 1681)Regulation .07 amended effective September 28, 1992 (19:19 Md. R. 1708). Regulation .12A amended effective September 28, 1992 (19:19 Md. R. 1708) ―.
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