1. A. General requirements for participation in the Program are that a provider shall:

   1. (1) Meet all the conditions for participation as set forth in COMAR 10.09.36; and
   2. (2) If delivering services via telehealth, comply with COMAR 10.09.49 and any subregulatory guidance issued by the Department.

2. B. Specific requirements for participation in the Program as a provider of Autism Waiver Service Coordination are that a provider shall:

   1. (1) Be an agency within the State that employs or has under contract qualified personnel who convene or participate on waiver multidisciplinary teams as necessary, develop participant’s waiver plans of care, and provide service coordination services for waiver participants;
   2. (2) Designate specific, qualified individuals as Autism Wavier service coordinators and verify their credentials for providing the services covered under this chapter;
   3. (3) Convene or participate on a waiver multidisciplinary team or teams for waiver participants, in accordance with the requirements of COMAR 10.09.56 and this chapter;
   4. (4) Be knowledgeable of the eligibility requirements and application procedures of federal, State, and local government assistance programs that are applicable to participants; and

   5. (5) Maintain a file on each participant that meets the Program’s requirements and includes the waiver participant’s:

      1. (a) Technical eligibility form approved by MSDE, reviewed and signed at least annually;
      2. (b) Determination of eligibility for level of care in an intermediate care facility for the intellectually disabled and persons with related conditions (ICF/IID) — initial determination and redetermination, at least annually;
      3. (c) Autism Waiver Risk Assessment pursuant to 10.09.56;
      4. (d) Consent Form for Autism Waiver Services, signed before Autism Waiver enrollment and annually thereafter;
      5. (e) Form for determination of Medicaid eligibility for Autism Waiver services — initial determination and redetermination, at least annually;
      6. (f) Initial waiver plan of care, reviewed at least annually, and any plan revisions;
      7. (g) Parental Rights and Responsibilities form reviewed and signed at least annually;
      8. (h) Preauthorization by MSDE of any environmental accessibility adaptations reimbursed through the Autism Waiver, if applicable;
      9. (i) Reportable Event forms concerning the waiver participant, if applicable;

      10. (j) Record of ongoing Autism Wavier service coordination encounters, including:

          1. (i) A description of the service;
          2. (ii) The location of the service;
          3. (iii) Date of contact and name of the parent/guardian or participant;
          4. (iv) Type of contact;
          5. (v) Supportive documentation of the service; and
          6. (vi) The Autism Wavier service coordinator’s printed name and signature;
      11. (k) Monthly tracking logs with Technical Eligibility Exemption Request Forms as applicable; and
      12. (l) A copy of the treatment plans for each applicable service provided or Reportable Event form, as applicable, if a treatment plan was not submitted.

3. C. Autism Waiver Service Coordinator Requirements.

   1. (1) An Autism Waiver service coordinator shall:

      1. (a) Be employed by or under contract with a provider;
      2. (b) Be approved by the participant’s parent or parents;
      3. (c) Participate with the waiver multidisciplinary team in the development, or revision, of a participant’s waiver plan of care and in the waiver plan of care review;
      4. (d) Assist the participant in gaining access to the services recommended in the waiver plan of care; and

   2. (2) An Autism Waiver service coordinator who is chosen to provide services for a waiver participant shall have at least:

      1. (a) 1 year of relevant training or experience; and
      2. (b) A bachelor’s degree.
   3. (3) An Autism Waiver service coordinator shall complete at least 5 hours of training on the Autism Waiver, offered by the Department and MSDE, prior to rendering Autism Waiver service coordination in accordance with Regulations .04-1 and .04-2 of this chapter.
   4. (4) Autism Waiver service coordinators shall attend one Statewide training for Autism Waiver service coordinators per fiscal year.

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

Effective date:

Regulations .01—.10 adopted as an emergency provision effective June 17, 1993 (20:14 Md. R. 1165); adopted permanently effective September 27, 1993 (20:19 Md. R. 1472)

Regulations .01—.06 amended as an emergency provision effective March 23, 1998 (25:8 Md. R. 595); amended permanently effective June 29, 1998 (25:13 Md. R. 993):

Regulations .01—.06 amended effective July 1, 2001(28:12 Md. R. 1107)

Regulation .01B amended effective August 27, 2007 (34:17 Md. R. 1507); March 28, 2016 (43:6 Md. R. 407): November 13, 2023 (50:22 Md. R. 973)

Regulation .02 amended effective November 13, 2023 (50:22 Md. R. 973)

Regulation .02B amended effective March 28, 2016 (43:6 Md. R. 407)

Regulation .03 amended as an emergency provision effective July 1, 2002 (30:1 Md. R. 23); amended permanently effective March 3, 2003 (30:4 Md. R. 316)

Regulation .03 amended effective November 13, 2023 (50:22 Md. R. 973)

Regulation .03B amended effective October 14, 2013 (40:20 Md. R. 1652)

Regulation .03B, C amended effective March 28, 2016 (43:6 Md. R. 407)

Regulation .03-1 adopted effective November 13, 2023 (50:22 Md. R. 973)

Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 407); November 13, 2023 (50:22 Md. R. 973)

Regulation .04A amended effective August 27, 2007 (34:17 Md. R. 1507)

Regulations .04-1 and .04-2 adopted effective July 1, 2001(28:12 Md. R. 1107)

Regulations .04-1 amended effective November 13, 2023 (50:22 Md. R. 973)

Regulation .04-1D amended effective March 28, 2016 (43:6 Md. R. 407)

Regulation .04-2 amended effective March 28, 2016 (43:6 Md. R. 407); November 13, 2023 (50:22 Md. R. 973)

Regulation .04-2C amended effective December 31, 2018 (45:26 Md. R. 1243)

Regulation .05 amended effective November 13, 2023 (50:22 Md. R. 973)

Regulation .06 amended effective March 28, 2016 (43:6 Md. R. 407)

Regulation .06A, C amended effective November 13, 2023 (50:22 Md. R. 973)