.03 Provider Requirements.

A provider of residential therapeutic services may not be eligible to accept children placed by the Maryland Department of Health unless the provider:

A. Is licensed by the Department of:

(1) Human Services, under the provisions of COMAR 07.02.23 or 07.02.13;

(2) Juvenile Services, under the provisions of COMAR 16.06.01; or

(3) Maryland Department of Health , under the provisions of COMAR 10.21.07;

B. Has rates that are established by the Negotiated Rates Process of the Rates Management Unit, Social Services Administration of the Department of Human Services as authorized under the provisions of COMAR;

C. Provides the following core services:

(1) Care and 24-hour supervision in a residential setting;

(2) Direct provision of food and clothing;

(3) Social work or case management services;

(4) Recreational activities;

(5) Access and linkage to appropriate community resources, including but not limited to:

(a) Medical care;

(b) Dental care;

(c) Mental health treatment;

(d) Education; and

(e) Social services; and

(6) Crisis intervention planning;

D. Provides the additional services that, based on a documented clinical assessment, are required by the child who is being referred, including but not limited to:

(1) A location as close as possible to the child's family of origin;

(2) The least restrictive setting appropriate to the child's needs; and

(3) As appropriate to the child's needs, a level of supervision that provides:

(a) Opportunity for off-site activities, with oversight by provider staff; or

(b) For a placement that is authorized by the State Coordinating Council for Residential Placement of Handicapped Children or a local coordinating council, as authorized under Article 49D, §§13—19, Annotated Code of Maryland:

(i) Structured, on-site activities, with direct supervision by provider staff, and 24-hour awake staff; or

(ii) The level of supervision described in §D(3)(b)(i) of this regulation in a secure setting; and

E. Is in compliance with all applicable laws and regulations, including but not limited to laws and regulations governing patient rights, as set forth in Health-General Article, §§10-701—10-707, Annotated Code of Maryland.