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

2. B. Terms Defined.

   1. (1) “Department” means the Maryland Department of Health, which is the single State agency designated to administer the Maryland Medical Assistance Program pursuant to Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq.
   2. (2) “Direct supervision” means that a licensed physical therapist is personally present and immediately available within the same treatment area as the physical therapy assistant to give aid, direction, and instruction when physical therapy procedures or activities are performed.
   3. (3) “Initial evaluation” means the determination of the participant's condition by taking a case history and the administration of appropriate tests on the first visit. Treatment provided at this visit is considered to be part of the initial evaluation.
   4. (4) “Medical Assistance Program” means the program of comprehensive medical and other health related care for indigent and medically indigent individuals, jointly financed by the federal and state governments and administered by states under Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., as amended.

   5. (5) “Medically necessary” means that the service or benefit is:

      1. (a) Directly related to diagnostic, preventive, curative, palliative, rehabilitative, or ameliorative treatment of an illness, injury, disability, or health condition;
      2. (b) Consistent with current accepted standards of good medical practice;
      3. (c) The most cost efficient service that can be provided without sacrificing effectiveness or access to care; and
      4. (d) Not primarily for the convenience of the participant, family, or provider.
   6. (6) “Medicare” means the insurance program administered by the federal government under Title XVIII of the Social Security Act, 42 U.S.C. §§1395—1395ccc.
   7. (7) “Participant” means an individual who is certified as eligible for, and is receiving, Medical Assistance benefits.
   8. (8) “Patient” means a person awaiting or undergoing health care or treatment.
   9. (9) “Physical therapist” means an individual licensed by the Maryland Board of Physical Therapy Examiners or similarly licensed or certified by the appropriate licensing body in the state or jurisdiction in which the service is provided and within the scope of Health Occupations Article, Title 13, Annotated Code of Maryland, or within the scope established by the jurisdiction of the provided service.
   10. (10) “Physical therapist assistant” means an individual licensed as a physical therapy assistant, working under the direct supervision of a licensed physical therapist, and performing limited physical therapy procedures that are assigned by a licensed physical therapist within the scope of Health Occupations Article, Title 13, Annotated Code of Maryland, or who is otherwise similarly licensed or certified by the appropriate licensing body in the state or jurisdiction where the service is provided and performing therapy procedures within the scope established by the state or jurisdiction of license or certification.
   11. (11) “Physical therapy aide” means a nonlicensed person in the employ of a physical therapist.
   12. (12) “Physician” means an individual licensed to practice medicine by the state in which the physician's practice is located.
   13. (13) “Plan of care” means the plan of treatment aimed at achieving the anticipated functional goals.
   14. (14) “Prescriber” means a physician, doctor of dental surgery or of dental medicine, physician assistant, nurse practitioner, nurse midwife, or podiatrist licensed to prescribe physical therapy.
   15. (15) “Program” means the Medical Assistance Program.
   16. (16) “Progress” means the measurable improvement as related to goals.
   17. (17) “Provider” means an individual, association, partnership, corporation, or unincorporated group licensed or similarly licensed or certified to provide health care services for participants and who, through appropriate agreement with the Department, has been identified as a Program provider by the issuance of an individual account number.
   18. (18) “Treatment order” means a written prescription for physical therapy signed by a physician, doctor of dental surgery or of dental medicine, physician assistant, nurse practitioner, nurse midwife, or podiatrist.

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-141.2, Annotated Code of Maryland

Effective date: July 11, 1980 (7:14 Md. R. 1349)

Regulation .03A amended effective January 6, 1983 (9:26 Md. R. 2572); January 30, 1984 (11:2 Md. R. 113)

Regulation .07F amended effective October 1, 1982 (9:19 Md. R. 1895)

Regulation .07F amended as an emergency provision effective July 1, 1982 (9:17 Md. R. 1698); emergency status expired September 30, 1982

Regulation .07F amended as an emergency provision effective July 1, 1984 (11:13 Md. R. 1171); adopted permanently effective October 29, 1984 (11:21 Md. R. 1813)

Regulation .07F amended as an emergency provision effective October 1, 1986 (13:22 Md. R. 2393); adopted permanently effective February 9, 1987 (14:2 Md. R. 129)

Regulation .07F amended as an emergency provision effective July 1, 1990 (17:14 Md. R. 1755); amended permanently effective November 1, 1990 (17:20 Md. R. 2427)

Regulation .07G amended effective April 9, 1984 (11:7 Md. R. 625)

Regulation .07L amended effective January 30, 1984 (11:2 Md. R. 113); September 10, 1984 (11:18 Md. R. 1584)

Regulation .07L amended as an emergency provision effective January 28, 1991 (18:3 Md. R. 301); emergency status expired April 8, 1991 (18:9 Md. R. 1004)

Regulation .07L amended as an emergency provision effective April 9, 1991 (18:9 Md. R. 1005); amended permanently effective October 7, 1991 (18:18 Md. R. 2004)

Regulation .08A amended effective May 12, 1986 (13:9 Md. R. 1029)

Regulation .09A, B amended effective August 17, 1981 (8:16 Md. R. 1365)

Regulation .10 amended effective June 6, 1983 (10:11 Md. R. 974)

Regulation .11 adopted effective October 25, 1982 (9:21 Md. R. 2106)

Regulations .01—.05 and .07—.11 amended as an emergency provision effective December 2, 1992 (19:26 Md. R. 2282); amended permanently effective June 1, 1993 (20:10 Md. R. 851)

Regulations .01, .04, and .05 amended as an emergency provision effective February 8, 1995 (22:5 Md. R. 364); emergency status expired May 31, 1995; amended permanently effective June 5, 1995 (22:11 Md. R. 821)

Chapter revised effective October 24, 2005 (32:21 Md. R. 1708)

Regulation .01B amended effective August 27, 2018 (45:17 Md. R. 803)

Regulation .02 amended effective August 27, 2018 (45:17 Md. R. 803)

Regulation .03 amended effective August 27, 2018 (45:17 Md. R. 803); August 7, 2023 (50:15 Md. R. 681)

Regulation .04 amended effective August 27, 2018 (45:17 Md. R. 803)

Regulation .04 amended effective August 7, 2023 (50:15 Md. R. 681)

Regulation .06D, F, I amended effective July 4, 2016 (43:13 Md. R. 712)

Regulation .06E amended effective November 14, 2011 (38:23 Md. R. 1421); February 27, 2017 (44:4 Md. R. 253)

Regulation .06G amended effective April 4, 2011 (38:7 Md. R. 430)

Regulation .06H amended effective August 27, 2018 (45:17 Md. R. 803)