Md. Code Regs. 10.09.56.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.09.56.05 - Specific Conditions for Participation - Residential Habilitation Services

To provide the services covered under Regulation .11 of this chapter, the provider agency shall:

A. Provide services in a facility that meets the following requirements:

(1) Complies with regulations governing residential programs licensed under the:

(a) Developmental Disabilities Administration including COMAR 10.22.02 and 10.22.08; or

(b) Governor's Office for Children including COMAR 14.31.06;

(2) Has eight or fewer beds, unless approved by the State Department of Education to have up to 16 beds due to special needs of children;

(3) Has no more than two individuals in a bedroom;

(4) Provides opportunities for participants to have personal items in the participant's bedroom that reflect the participant's personal tastes;

(5) Provides for input and participation of the participant into eating times, menus, and meal preparation, as appropriate for specific health conditions and in accordance with treatment standards;

(6) Provides opportunities for participants to participate in community activities; and

(7) Is located and integrated into a residential community.

B. Have at least 3 years of experience in providing habilitation services to children who have autism spectrum disorder or other developmental disabilities;

C. Employ a full-time program director, to assure adequate coordination and supervision of the covered services, who has either:

(1) A valid Maryland certificate as a special education supervisor, principal, or special educator, and at least 3 years of successful teaching experience, as verified by former employers, in regular or special education, or both, as appropriate for the director's assignment; or

(2) At least 3 years of relevant experience with counseling or supervision, as appropriate for the director's assignment;

D. Provide round-the-clock staffing which:

(1) Includes at all times at least one direct care staff person on site for every three children, with more staffing as necessary based on participants' needs; and

(2) Unless the provider designates that it does not provide residential habilitation on weekends, is for 365 days a year,

E. Have on call 24 hours a day a designated supervisor for the direct care workers, who:

(1) Has at least a bachelor's degree in a human services field plus 3 years of experience in the area of autism spectrum disorder or other developmental disabilities, or an associate degree in human services plus 5 years of experience with persons with autism or other developmental disabilities; or

(2) Meets the professional guidelines for a qualified intellectual disabilities professional or qualified developmental disabilities professional;

F. Demonstrate the necessary staff capacity to provide intensive residential habilitation services when needed by participants;

G. Employ or contract with certain professionals who meet provider qualifications in accordance with Regulation .04G(1) and (2) of this chapter for consultation;

H. Have at least one professional on call 24 hours a day, 7 days a week for crisis intervention who meets provider qualifications in accordance with Regulation .04G(1) and (2) of this chapter;

I. Demonstrate the capability and capacity of providing Autism Waiver residential habilitation services by submitting documentation of experience and a written implementation plan which includes at a minimum policies and procedures regarding:

(1) Abuse, neglect, and exploitation;

(2) Positive behavior interventions and restraints;

(3) Implementation of treatment plans;

(4) Transportation of participants;

(5) Maintenance of required documentation;

(6) Training and supervision of staff;

(7) Quality assurance;

(8) Emergency back-up plans; and

(9) HIPAA;

J. Assure the provision of services in the least restrictive environment in the community that is appropriate to participants' needs;

K. Provide documented evidence of integration of the residential habilitation program with other community-based services received by Autism Waiver participants;

L. Document arrangements for the provision of medical services needed by participants, including helping them to get to medical appointments and to obtain services in an emergency;

M. For initial approval and as a condition of occupancy of any facility used by the program, submit written documentation from responsible approval or licensing authorities verifying that the facility is in compliance with applicable health, fire safety, and zoning regulations;

N. For continued approval, maintain written documentation of compliance with applicable health, fire safety, and zoning regulations as a condition of occupancy of any facility used by the program;

O. Assure that the participant's needs are met for shelter, food, clothing, and furnishings;

P. Maintain daily contact logs completed on the same day the service is provided and reflective of the individual plan's goals and community-based activities from Regulation .11F of this chapter, and

Q. Maintain and make available for review by the State, documentation of the 6-month review and update of each participant's status relative to each goal in the residential habilitation individual plan.

Md. Code Regs. 10.09.56.05

Regulation .05A amended as an emergency provision effective October 1, 2004 (32:1 Md. R. 24); amended permanently effective April 25, 2005 (32:8 Md. R. 741)
Regulation .05E amended effective 40:20 Md. R. 1652, eff.10/14/2013
Regulation .05Q amended effective April 16, 2012 (39:7 Md. R. 492); amended effective 43:7 Md. R. 449, eff.4/11/2016