1. A. In this chapter, the following terms have the meaning indicated.

2. B. Terms Defined.

   1. (1) “Administration” means the Social Services Administration of the Department of Human Services.
   2. (2) “Applicant” means an individual with a developmental or functional disability, a family member, a caregiver, or an authorized representative of the individual with the disability, who is applying for respite services.
   3. (3) “Consumer” means an individual with a developmental or functional disability, who receives respite care services.

   4. (4) “Developmental disability” means a severe, chronic disability which:

      1. (a) Is attributable to a mental or physical impairment or a combination of physical and mental impairments, including a head injury;
      2. (b) Is manifested before an individual is 22 years old;
      3. (c) Is likely to continue indefinitely;

      4. (d) Results in a substantial functional limitation in three or more of the following areas of major life activity:

         1. (i) Self-care;
         2. (ii) Receptive and expressive language;
         3. (iii) Learning;
         4. (iv) Mobility;
         5. (v) Self-direction;
         6. (vi) Capacity of independent living; and
         7. (vii) Economic self-sufficiency; and
      5. (e) Reflects an individual's need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are lifelong or of extended duration and are individually planned and coordinated.
   5. (5) “Family” means one or more adults, with or without children, related by blood, marriage, adoption, or legal guardianship, and domestic partners residing in the same household with an individual with a developmental or functional disability.
   6. (6) “Foster Home” means a certified Department of Human Services foster home.

   7. (7) “Functional disability” means a severe, chronic disability which:

      1. (a) Is attributable to a mental or physical impairment or combination of mental and physical impairments;
      2. (b) Is likely to continue indefinitely;

      3. (c) Results in substantial functional limitations in three or more of the following areas of major life activity:

         1. (i) Self-care;
         2. (ii) Receptive and expressive language;
         3. (iii) Learning;
         4. (iv) Mobility;
         5. (v) Self-direction;
         6. (vi) Capacity for independent living; and
         7. (vii) Economic self-sufficiency; and
      4. (d) Reflects an individual's need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are lifelong or of extended duration and are individually planned and coordinated.
   8. (8) “Informal caregiver" means the individual who routinely cares for the individual with a developmental or functional disability and is not compensated for the care. The informal caregiver may live in a residence other than that of the individual with the disability.

   9. (9) “Level I care” means supervisory and personal care, and may include any or all of the following:

      1. (a) Household and personal assistance services, which include light housekeeping services, chore services, assistance with meals and special diets, food preparation, dressing, shopping, escort service, writing letters, and reading to consumers; and
      2. (b) Personal care services in accordance with the service plan.
   10. (10) “Level II care” means skilled care delivered by a licensed health care provider or a certified skilled professional.
   11. (11) “Licensed Health Care Provider” means is an individual or an institution that provides preventive, curative, promotional or rehabilitative health care services in a systematic way to individuals, families or communities.
   12. (12) “Local department” means the department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services.
   13. (13) “Provider” means a public or private nonprofit agency or local department, which provides respite care services under a contractual agreement with, or direct grant from, the Administration or a local department.
   14. (14) “Qualified care worker” means a person who, by training, experience, or authorization is qualified to deliver the care needed and who has been designated as such by a respite services provider or the family caregiver.
   15. (15) “Respite care” means short-term periodic and temporary care of individuals with developmental or functional disabilities in order to temporarily relieve the family or informal caregiver.
   16. (16) “Respite care facility” means a designated program, location, private home or center, outside of the consumer's residence, where respite care is provided.

   17. (17) “Service statement” means a written document which records pertinent information the provider considers essential for providing respite care services, including:

       1. (a) Eligibility;
       2. (b) Amount and level of respite care services;
       3. (c) Any fee required;
       4. (d) Records referring the applicant to other sources for services identified as needed, but not available from the provider; and
       5. (e) Assessment of the family's respite care needs.
   18. (18) “Subsidy” means funds available from the Administration to assist in the payment of respite care service fees, if the total income of a consumer, or the family of a consumer who is younger than 18 years old is less than 150 percent of the State's median income adjusted to family size.
   19. (19) “Total income” means the sum of income received by the consumer, or the family of a consumer, if the consumer is under 18, and is eligible for respite care services minus medical expenses.

Authority: Human Services Article, Title 7, Subtitle 2, Annotated Code of Maryland

Effective date: May 6, 1985 (12:9 Md. R. 809)

Regulation .01 amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .02 amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .03 amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .04 amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .05C amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .06A, C amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .07D amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .09A amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .11A amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .12 amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .14C amended effective November 13, 1989 (16:22 Md. R. 2363)

Regulation .15 amended effective March 7, 1988 (15:5 Md. R. 616)

Recodified from COMAR 07.02.06 to COMAR 07.06.11, December, 1992

Regulations .01—.15 repealed and new Regulations .01—.14 adopted effective December 24, 2001 (28:25 Md. R. 2189)

Chapter recodified from COMAR 07.06.11 to COMAR 07.02.18, effective June, 2009

Chapter revised effective April 10, 2017 (44:7 Md. R. 353)