1. A. Provider Eligibility. A provider is eligible to be included in the FIPE if the provider:

   1. (1) Is licensed as a vocational or day services program under COMAR 10.22.07; and
   2. (2) Provides services to an eligible individual.

2. B. Individual Eligibility. An individual is eligible to be included in the FIPE if the individual:

   1. (1) Has a developmental disability;
   2. (2) Has not received a day service funded by the Administration before July 1, 2003;
   3. (3) Is employed in the same job for 6 months which commenced on or after July 1, 2003, or if the individual was employed before entering DDA supported employment services, the 6 months of employment at the same job begins on the day in which the individual begins services, which is on or after July 1, 2003;
   4. (4) Is receiving ongoing supports and services that are individually determined in order to attain and maintain a job of the individual's choice; and
   5. (5) Has not been previously included in the FIPE.

3. C. Employment Eligibility. A job is an eligible job under the FIPE if:

   1. (1) The job is:

      1. (a) Located in the community;
      2. (b) Individualized;
      3. (c) Not an enclave, mobile crew, or in a segregated environment; and
      4. (d) Based on the individual's interests; and

   2. (2) The individual:

      1. (a) Is paid a competitive salary and, if available, offered benefits directly by the employer;
      2. (b) Does not receive salary and, if available, benefits from the provider or any organization affiliated with the licensee;
      3. (c) Deals directly with the employer regarding working conditions such as work schedule;
      4. (d) Has the opportunity for increased responsibility, career advancement, and increased wages based on performance; and
      5. (e) If self-employed, the business generates revenue.

4. D. Reimbursement.

   1. (1) If the provider wishes to seek reimbursement through the FIPE, the provider shall:

      1. (a) Complete the application form provided by the Administration;

      2. (b) Provide:

         1. (i) Pay stubs for the last 6 months showing that an individual was employed in the community, as requested by the Administration; or
         2. (ii) If the individual is self-employed, cash flow or other financial statements for the last 6 months;
      3. (c) Provide evidence that ongoing supports and services that are individually determined in order to maintain the job of the individual's choice have been provided;
      4. (d) Provide a written statement from the individual or the individual's proponent indicating that the individual is satisfied with the current job and working conditions, including pay, work schedule, and benefits; and
      5. (e) Provide any other information required by the Administration.

5. E. Administration Approval. In deciding whether to authorize an individual for inclusion in the FIPE, the Administration shall consider the:

   1. (1) Application and supporting documentation; and
   2. (2) Availability of State funds.

6. F. Payment.

   1. (1) For each preauthorized and eligible individual, the Administration may approve a payment to the provider in the amount of 10 percent of the individual's annual funding, excluding add-on components and supplemental services, for the year the individual entered the FIPE.
   2. (2) The Administration shall approve only one payment for each preauthorized and eligible individual.
   3. (3) The provider shall submit an invoice to the Administration to receive payment.

Authority: Health-General Article, §§2-104(b), 7-306.1, and 7-904, Annotated Code of Maryland

Effective date: December 22, 2003 (30:25 Md. R. 1846)