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14.11.01.00.htm 14.11.01.00. Title 14 INDEPENDENT AGENCIES Subtitle 11 PROGRAM SERVICES Chapter 01 Attendant Care Program Authority: Human Services Article, §7-401―7-406, Annotated Code of Maryland
14.11.01.01.htm 14.11.01.01. 01 Purpose.. The Attendant Care Program provides financial reimbursement to assist individuals with severe chronic or permanent physical disabilities who require attendant care services to direct their own care and select their own service providers. Reimbursement may be available for attendant care services that are provided in the home, school, workplace, or other community locations.
14.11.01.02.htm 14.11.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Advanced payment" means a reimbursement payment that:. a) Is requested by a participant for a future pay period; and. b) Is not greater than the participant's approved maximum reimbursement.. 2) "Annual adjusted gross income" means the total taxable and nontaxable annual income, less 100 percent of total unreimbursed medical expenses as defined by COMAR 07.03.17.33, of:
14.11.01.03.htm 14.11.01.03. 03 Eligibility.. A. To be eligible for the Program, an applicant:. 1) Shall be a resident of Maryland;. 2) Shall be at least 18 years old and younger than 65 years old at the time of initial enrollment in the Program;3) Shall be determined by the applicant's attending physician, registered nurse, or certified nurse practitioner to have a severe chronic or permanent physical disability that:a) Precludes or impairs the independent performance of essential activities
14.11.01.04.htm 14.11.01.04. 04 Limitations on Service and Participation in the Program.. A. The Program Director shall limit Program participation to the number of participants whom the Program's budget can serve. If sufficient funds are not available, the Department may limit the rate of payment under the sliding reimbursement scale.B. The Program Director shall limit Program participation to achieve the following demographic:. 1) At least 50 percent of the participants shall be:.
14.11.01.05.htm 14.11.01.05. 05 Application Process.. A. An applicant shall apply for financial assistance by submitting a completed and signed Program application, to include the standard assessment of functional capability, to the Department.B. The Program Director or designee shall determine an applicant's eligibility in accordance with Regulation .03 of this chapter.
14.11.01.06.htm 14.11.01.06. 06 Priority for Approval of Applications.. A. The Program Director shall approve applications and enroll eligible applicants for financial assistance based upon the availability of Program funds.B. Waiting List.. 1) The Program Director shall establish a waiting list of eligible applicants if:. a) Program funds are not available; or. b) The demographics of the Program do not meet the requirements under Regulation .04B of this chapter.
14.11.01.07.htm 14.11.01.07. 07 Payment.. A. A participant shall submit a signed certification of service form in accordance with the Program's fiscal payment schedule.B. Reimbursement shall be made in compliance with the attendant care agreement and Regulation .04A of this chapter.C. The Department may return improperly completed forms to the participant without making payment.. D. The Department may return the certification of service form to the participant without making payment if more than two pay
14.11.01.08.htm 14.11.01.08. 08 Advanced Payments.. A. A participant may request a payment advance by submitting an advanced payment request form.. B. Advanced payment requests are limited to the following circumstances:. 1) A participant may request up to two advanced payments in any 1 fiscal year; and. 2) Not more than one advanced payment may be outstanding at any time.. C. An outstanding advanced payment shall be repaid by deductions from reimbursement requests:.
14.11.01.09.htm 14.11.01.09. 09 Participant's Responsibilities.. A. A participant shall:. 1) Select, hire, train, supervise, terminate, and pay the attendant, including payment of applicable federal and State employment taxes;2) Maintain accurate records of hours and days that attendant care services are provided;. 3) Prepare and submit all billing forms in accordance with the Fiscal Payment Schedule;. 4) Reimburse the Department for any overpayment;.
14.11.01.10.htm 14.11.01.10. 10 Participant's Rights.. Pursuant to Human Services Article, §1-201, Annotated Code of Maryland, the Program may not release information about a participant or an applicant.
14.11.01.11.htm 14.11.01.11. 11 Quality Assurance Plan.. A. The Department shall establish a quality assurance plan to review Program administration and ensure compliance with this chapter.B. Home visits may be conducted as a part of the quality assurance plan..
14.11.01.12.htm 14.11.01.12. 12 Termination.. The Secretary of the Department or a designee of the Secretary may terminate enrollment if:. A. A participant no longer meets the eligibility requirements;. B. A participant refuses to comply with the requirements of this chapter; or. C. Sufficient Program funds are not available..
14.11.01.13.htm 14.11.01.13. 13 Financial Assistance.. A. The Program Director shall establish a sliding reimbursement scale to determine a participant's reimbursement rate.B. The participant's reimbursement rate shall be based on:. 1) The participant's adjusted annual gross income;. 2) The number of persons dependent on household income including the participant's spouse, and minors younger than 18 years old; and3) The participant's cost of attendant care services.. C. A participant eligible
14.11.01.14.htm 14.11.01.14. 14 Appeals.. A. An applicant or participant may appeal eligibility and termination determinations by requesting an appeal hearing which shall be held in accordance with COMAR 28.02.01.B. If the Program notifies an applicant or participant of an action to deny, delay, suspend, reduce, or terminate assistance, the Program Director or designee shall give written notification of the right to appeal and the procedures for requesting an appeal hearing to the applicant or participant.
14.11.01.9999.htm 14.11.01.9999. Administrative History Effective date: September 21, 2009 (36:19 Md. R. 1437). Regulation .02B amended effective August 18, 2014 (41:16 Md. R. 947). Regulation .03A, B amended effective August 18, 2014 (41:16 Md. R. 947). Regulation .04C,D, E adopted effective August 18, 2014 (41:16 Md. R. 947). Regulation .09A amended effective August 18, 2014 (41:16 Md. R. 947). Regulation .13C amended effective August 18, 2014 (41:16 Md. R. 947).
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