Md. Code Regs. 10.09.26.08-2 – Covered Services for Residential Option Services.

A. Residential option services are available as an alternative to residential habilitation for those waiver participants who:
1. (1) Have followed DDA's application procedures according to COMAR 10.22.11;
2. (2) Are determined by DDA to be able to live safely in a home of the waiver participant's choosing and who are in need of at least one residential option service; and
3. (3) Elect, or have an authorized representative elect in the waiver participant's behalf, to receive residential option services.
B. These services shall be provided, as required and recommended in the waiver participant's ISP, as being appropriate and necessary to assist the waiver participant in living successfully in a home of the waiver participant's choosing. Residential option services include the services specified in Sec. C--E of this regulation.
C. Personal Assistance.
1. (1) Services under COMAR 10.09.20 may not be reimbursed for a waiver participant receiving personal assistance under this chapter.
2. (2) Personal assistance services provide necessary assistance for waiver participants living in their own homes or family homes to meet their daily living needs and to ensure adequate functioning in the community. They include the following services, when they do not have a habilitative objective:
  1. (a) Housekeeping assistance which is directly related to the waiver participant's developmental disability and which is necessary for the waiver participant's health and well-being in the home, such as:
    1. (i) Changing bed linens,
    2. (ii) Straightening the area used by the waiver participant,
    3. (iii) Doing the waiver participant's personal laundry and linens, and
    4. (iv) Maintenance of kitchen area if food preparation is necessary;
  2. (b) Menu planning, food shopping, meal preparation, and assistance with eating;
  3. (c) Personal hygiene and grooming, including oral and denture care, shaving, and care of skin, nails, and hair;
  4. (d) Cleaning and maintaining adaptive devices such as wheelchairs; and
  5. (e) Assurance of health and safety.
D. Support Services.
1. (1) Support services are necessary to aid the waiver participant to participate in community life as is typical in the community.
2. (2) Support services include the following:
  1. (a) Guidance to optimize the waiver participant's capability of living in the community at home;
  2. (b) Facilitating community participation by assisting with linkages to community activities, organizations, or associations;
  3. (c) Assisting with budgeting, banking, tax preparation, and financial management;
  4. (d) Assisting with accessing and managing government and community resources; and
  5. (e) Assisting the waiver participant with securing and maintaining housing.
E. 24-Hour Emergency Assistance.
1. (1) These emergency assistance services are utilized to provide a waiver participant with access to a highly responsive form of back-up services in the event of an emergency, without dictating that the waiver participant be subject to on-site 24-hour supervision.
2. (2) The access to 24-hour emergency assistance shall be adapted to the skills and needs of the waiver participant and may include the use of an emergency telephone number, a pager, or other appropriate technology.

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

Effective date:

Regulations .01—.11 adopted as an emergency provision effective February 13, 1984 (11:5 Md. R. 455); emergency status extended at 11:7 Md. R. 621; adopted permanently effective August 12, 1984 (11:15 Md. R. 1330)

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

Chapter revised effective February 20, 1989 (16:3 Md. R. 343)

Chapter revised as an emergency provision effective April 1, 1990 (17:8 Md. R. 969); amended permanently effective July 30, 1990 (17:14 Md. R. 1758)

Regulations .03A, .09B, .11B amended as an emergency provision effective November 19, 1990 (17:24 Md. R. 2835); emergency status extended at 18:4 Md. R. 444 (February 22, 1991); amended permanently effective February 18, 1991 (18:3 Md. R. 305)

Chapter revised as an emergency provision effective April 9, 1991 (18:9 Md. R. 1005); amended permanently effective October 6, 1991 (18:13 Md. R. 1482)

Regulations .01—.03, .05—.11, and .13 amended and .08-1—.08-4 adopted as an emergency provision effective June 8, 1992 (19:12 Md. R. 1130); emergency status extended at 19:19 Md. R. 1702; adopted permanently effective September 28, 1992 (19:19 Md. R. 1707)

Regulations .01, .04—.08-3, .09—.11, and .13 amended effective February 28, 1994 (21:4 Md. R. 277)

Regulation .01B amended effective August 27, 2007 (34:17 Md. R. 1507)

Regulation .01B amended as an emergency provision effective July 1, 2008 (35:17 Md. R. 1480); emergency status extended at 36:2 Md. R. 96; emergency status extended at 36:17 Md. R. 1310; amended permanently effective October 19, 2009 (36:21 Md. R. 1591)

Regulation .01B amended effective October 14, 2013 (40:20 Md. R. 1652)

Regulations .02, .06, .08-2, .09, and .13 amended as an emergency provision effective November 4, 1992 (19:24 Md. R. 2124); amended permanently effective February 15, 1993 (20:3 Md. R. 258)

Regulation .02 amended as an emergency provision effective July 1, 2008 (35:17 Md. R. 1480); emergency status extended at 36:2 Md. R. 96; emergency status extended at 36:17 Md. R. 1310; amended permanently effective October 19, 2009 (36:21 Md. R. 1591)

Regulation .03E adopted as an emergency provision effective July 1, 2008 (35:17 Md. R. 1480); emergency status extended at 36:2 Md. R. 96; emergency status extended at 36:17 Md. R. 1310; amended permanently effective October 19, 2009 (36:21 Md. R. 1591)

Regulation .05J amended effective August 27, 2007 (34:17 Md. R. 1507)

Regulation .08-5 adopted as an emergency provision effective July 1, 2008 (35:17 Md. R. 1480); emergency status extended at 36:2 Md. R. 96; emergency status extended at 36:17 Md. R. 1310; amended permanently effective October 19, 2009 (36:21 Md. R. 1591)

Regulation .09 amended as an emergency provision effective July 1, 2008 (35:17 Md. R. 1480); emergency status extended at 36:2 Md. R. 96; emergency status extended at 36:17 Md. R. 1310; amended permanently effective October 19, 2009 (36:21 Md. R. 1591)

Regulation .10A amended as an emergency provision effective July 1, 2008 (35:17 Md. R. 1480); emergency status extended at 36:2 Md. R. 96; emergency status extended at 36:17 Md. R. 1310; amended permanently effective October 19, 2009 (36:21 Md. R. 1591)

Regulation .11B amended effective October 14, 2013 (40:20 Md. R. 1652)

Regulation .12 repealed and new Regulation .12 adopted effective February 17, 2003 (30:3 Md. R. 179)

Regulation .13C amended as an emergency provision effective July 1, 2008 (35:17 Md. R. 1480); emergency status extended at 36:2 Md. R. 96; emergency status extended at 36:17 Md. R. 1310; amended permanently effective October 19, 2009 (36:21 Md. R. 1591)