Md. Code Regs. 07.02.19.08 – Application Process for Providers.

A. A person who wishes to operate a CARE home shall apply at the local department and submit a completed application on a form prescribed by the Administration.
B. Processing of Application by the Local Department.
1. (1) Except under circumstances set forth in Regulation .16 of this chapter, the local department shall evaluate the provider applicant and the residence through the following activities:
  1. (a) Visit to the residence and an interview with the provider applicant;
  2. (b) Review with law enforcement authorities any criminal record of:
    1. (i) The provider applicant;
    2. (ii) Any household member 18 years old or older who will reside in the CARE home but not as a recipient of CARE services; and
    3. (iii) Any backup provider or providers who will care for residents;
  3. (c) Contact, and evaluate the responses of, three references listed on the application regarding the applicant's suitability to be a CARE provider, including references who have:
    1. (i) Work experience directly related to the duties or requirements of the CARE provider or contact with the employers of the provider applicant; and
    2. (ii) Previously been licensed or certified by a State agency or a state agency from a state other than Maryland;
  4. (d) Review the qualifications, including age, references, and criminal records of all backup provider or providers who will care for residents;
  5. (e) Determine the number of residents that may be cared for in the home;
  6. (f) Determine the level of care available from the provider to compute the rate of payment as set forth in COMAR 07.03.07;
  7. (g) Obtain and review required health and fire inspection reports;
  8. (h) Arrange for CARE training for the provider applicant, and the backup provider or providers, that is provided by the local department or the Administration; and
  9. (i) Sign the provider agreement.
2. (2) If an application is incomplete, the local department shall send a written notification to the provider applicant which shall include a:
  1. (a) List of missing or incomplete documentation; and
  2. (b) Statement that if the completed application is not received by the local department within 30 days from the date of the notice, the local department shall deny the application according to §D of this regulation.
C. Notice of Decision.
1. (1) Within 90 days of the start of the evaluation process as set forth in §B of this regulation, the local department shall notify the provider applicant in writing of the decision regarding the application.
2. (2) If the decision is to certify the provider applicant, the notice shall include the:
  1. (a) Decision;
  2. (b) Certificate to operate as a CARE home;
  3. (c) Expiration date of the certificate;
  4. (d) Number of CARE residents permitted in the home;
  5. (e) Level of care available from the provider;
  6. (f) Statement that the local department may make unannounced inspection visits; and
  7. (g) Information of the provider applicant's right to appeal the decision as provided in COMAR 07.01.04 and of the method for obtaining a fair hearing.
3. (3) Temporary Certification.
  1. (a) The local department may issue or extend a temporary certificate if the residence does not fully comply with the regulations if the deficiencies:
    1. (i) Do not constitute a life, safety, or health hazard; and
    2. (ii) Can be corrected within 90 days of the temporary certificate date.
  2. (b) The notice of the decision to issue a temporary certificate shall include:
    1. (i) Decision;
    2. (ii) Temporary certificate to operate the CARE home for 90 days;
    3. (iii) Expiration date of the certificate;
    4. (iv) Deficiencies to be corrected;
    5. (v) Statement of notice that certification as a CARE home is available when the deficiencies are corrected; and
    6. (vi) Information indicated in §C(2)(d)—(g) of this regulation.
4. (4) If the decision is to deny the application, the notice shall include the:
  1. (a) Decision;
  2. (b) Reason for the decision;
  3. (c) Specific regulation supporting the decision; and
  4. (d) Information of the applicant's right to appeal the decision and method for obtaining a fair hearing.
D. The local department shall deny the application if the:
1. (1) Residence does not meet the requirements specified in Regulation .07 of this chapter; or
2. (2) Applicant:
  1. (a) Prevents the local department from completing its responsibility for determining whether to issue a certification;
  2. (b) Fails to complete the application within the time set forth in §B(1) of this regulation;
  3. (c) Has not corrected the deficiencies that prevented more than temporary certification as specified in §C(3) of this regulation;
  4. (d) Withdraws the application; or
  5. (e) Provided false information on the application or during the evaluation process.

Authority: Health-General Article, §§19-1801—19-1806; Human Services Article, §§6-508—6-513; Annotated Code of Maryland
(Agency Note: Federal Regulatory Reference: 45 CFR Part 1397)

Effective date: February 24, 1986 (13:4 Md. R. 395)

Regulations .02, .03, .07, and .08 amended; new Regulation .16 adopted; and existing Regulations .16 and .17 recodified to be .17 and .18 as an emergency provision effective February 24, 1986 (13:6 Md. R. 667); emergency status expired June 30, 1986

Regulations .02I, K; .03C; .07; .08A amended effective July 13, 1986 (13:14 Md. R. 1631)

Regulations .16 and .17 recodified to .17 and .18, and new Regulation .16 adopted effective July 13, 1986 (13:14 Md. R. 1631)

Chapter 20 “C.A.R.E. Program” revised as Chapter 20 “Certified Adult Residential Environment (C.A.R.E.) Program” effective October 3, 1988 (15:20 Md. R. 2333)

Regulation .10A amended effective November 1, 1990 (17:20 Md. R. 2424)

Recodified from COMAR 07.02.20 to 07.06.15, December, 1992

Regulations .01—.18, Certified Adult Residential Environment C.A.R.E.(CARE) Program repealed effective June 11, 2001 (28:11 Md. R. 1053)

Regulations .01—.17, Certified Adult Residential Environment (CARE) Program adopted effective June 11, 2001 (28:11 Md. R. 1053)

Regulation .01 amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .02B amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .03A amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .04 amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .05 amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .06C, D amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .07 amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .08 amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .10 amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .11 amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .12C amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .14A amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .15A amended effective July 17, 2008 (35:14 Md. R. 1245)

Regulation .16C amended effective July 17, 2008 (35:14 Md. R. 1245)

Chapter recodified from COMAR 07.06.15 to COMAR 07.02.19, effective June, 2009

Regulation .01C amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .02B amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .03A amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .04 amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .05A, L amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .06C amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .07 amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .08B amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .10B amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .12C amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .13A, B amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .14A amended effective April 10, 2017 (44:7 Md. R. 353)

Regulation .16B amended effective April 10, 2017 (44:7 Md. R. 353)