1. A. Definition. “Unit of service” means an hour of service rendered one-on-one by a qualified provider for a participant in the participant's home or the provider's office.

2. B. Dietitian and nutritionist services shall include:

   1. (1) The provision of a nutrition care plan as part of the ICS Program multidisciplinary team process;
   2. (2) Nutrition care planning, nutrition assessment, and dietetic instruction; and

   3. (3) Services within the scope of practice of the nutritionist's or dietitian's license, as defined by:

      1. (a) Health Occupations Article, Title 5, Annotated Code of Maryland; and
      2. (b) Regulations under COMAR 10.56 for the Board of Dietetic Practice.
3. C. Dietitian and nutritionist services may not include services rendered on a group basis or in a classroom setting.

4. D. The services shall be:

   1. (1) Covered if the participant's medical condition requires the judgment, knowledge, and skills of a licensed nutritionist or licensed dietitian;
   2. (2) Targeted to the individualized needs of the participant, rather than being of general interest;
   3. (3) Sensitive to the educational background, culture, religion, eating habits, preferences, and general environment of the participant; and

   4. (4) Specified in the participant's plan of service as necessary to:

      1. (a) Ensure the participant's health and safety; and
      2. (b) Prevent the participant's institutionalization or hospitalization.

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

Effective date: June 11, 2012 (39:11 Md. R. 687)

Regulation .40C amended effective July 4, 2016 (43:13 Md. R. 712)

Regulation .41 amended effective July 4, 2016 (43:13 Md. R. 712)

Regulation .41 repealed effective December 11, 2025 (52:23 Md. R. 1198)

Regulation .41 adopted effective December 11, 2025 (52:23 Md. R. 1198)