There is a Developmental Disabilities Administration in the Department.

The head of the Administration is the Deputy Secretary. The Deputy Secretary shall appoint the number of directors, assistant directors, and administrative heads provided in the State budget.

The Secretary may delegate to an individual any of the authority, powers, and duties granted to the Secretary under this title.

In this section, “direct care staff” means an individual who is directly involved in the day–to–day education, training, habilitation, assistance, counseling, care, or attention of an individual with a developmental disability. The Developmental Disabilities Administration shall assure that all direct care staff in State residential and community–based programs are provided with in–service training. The in–service training program shall include training in: The theory and practical application of normalization principles; The individualization of programming; General characteristics and needs of individuals served; First aid and cardiopulmonary resuscitation (CPR); The fundamental rights of persons with developmental disabilities; and Other training components as deemed necessary. Each direct care staff member shall participate in the in–service training curriculum within 3 months from the date of the staff member’s employment. The Developmental Disabilities Administration shall develop standards for in–service training in accordance with recognized standards for direct care staff.

There is a continuing, nonlapsing Waiting List Equity Fund in the Maryland Department of Health. The purpose of the Waiting List Equity Fund is to ensure that: When individuals leave State residential centers, the net average cost of serving them in the State residential center, as defined in subsection (d)(2) of this section, shall follow them to community–based services; and Any funds remaining after the individuals leaving State residential centers are served, are used to provide community–based services to individuals eligible for, but not receiving, the community–based services listed in subsection (c) of this section. Subject to the appropriation process in the annual operating budget, the Department shall use the Waiting List Equity Fund for providing community–based services to individuals eligible for, but not receiving, services from the Developmental Disabilities Administration. For individuals eligible for, but not receiving, services from the Developmental Disabilities Administration in the Department, the Waiting List Equity Fund shall be used to provide: Individualized supported living arrangements services; Respite care; Individual and family support services; Supported employment; and Individualized community integration day services. The Waiting List Equity Fund shall consist of: Subject to the appropriation process in the annual operating budget, funds which are equal to the cost of providing services to an individual in a State residential center for each fiscal year, or part of a fiscal year, that the individual is no longer served in a State residential center and is provided community–based services as defined in paragraph (2) of this subsection; The net proceeds from contributions under the income tax checkoff system established under § 2–113 of the Tax – General Article; and Any other money from any other source accepted for the benefit of the Fund. In determining funding for the Waiting List Equity Fund, the cost of providing services to an individual in a State residential center shall be calculated by: Dividing the State residential center’s appropriation by the daily average census reported in the State residential center’s annual operating budget for the last full fiscal year the individual was served in the State residential center prorated over the number of months the individual is served in the community; and Subtracting the following: The average annual itemized expenses associated with institutional services and administrative overhead costs that are demonstrated to be directly attributable to serving individuals remaining in the State residential center; The cost for new admissions certified in accordance with the provisions of §§ 7–502 and 7–503 of this title; The cost for respite care in accordance with § 7–509 of this title; The cost for court–ordered commitments; and Reimbursable federal revenues under TEFRA attributable to direct client costs. The Department shall adopt regulations for the management and use of the money in the Fund. The regulations shall authorize the use of money in the Fund to provide services to individuals: Who are in crisis and need emergency services; and Who are not in crisis and do not need emergency services. On or before January 1 of each year the Secretary shall prepare a report to be submitted to the General Assembly and the Department of Legislative Services on the Waiting List Equity Fund. The report shall include: An accounting of all receipts and expenditures to and from the Fund; The number of individuals who left and entered State residential centers during the previous year; The number of additional persons who were on the waiting list for developmental disabilities services during the previous year; and An accounting of each of the factors used in determining the cost of providing services to an individual in a State residential center in accordance with the provisions of subsection (d)(2) of this section. Any unspent portions in the Waiting List Equity Fund and any interest earned on money in the Waiting List Equity Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Waiting List Equity Fund to be used for the purposes specified in this section.

Upon notification of the death of an individual in a program or facility funded or operated by the Administration, the administrative head of the program or facility shall report the death: Immediately to the sheriff, police, or chief law enforcement official in the jurisdiction in which the death occurred; Immediately to the Secretary; and By the close of business the next working day to: The Deputy Secretary; The health officer in the jurisdiction where the death occurred; and The designated State protection and advocacy system. A report may be: Oral if followed by a written report within 5 working days from the date of the death; or Written. A written report shall contain: The name, age, and sex of the deceased; The time of discovery of the death; The deceased’s place of residence at the time of death; The location where the body was discovered; The name of the person who took custody of the body; The name of the person evaluating the death, if known; Whether or not an autopsy is being performed, if known; The name, address, and telephone number of the next of kin or legal guardian, if known; and Any other information the administrative head of the service or program determines should be provided to the medical examiner and the persons listed in paragraph (1) of this subsection on the deaths occurring: By violence; By suicide; By casualty; Suddenly, if the deceased was in apparent good health; or In any suspicious or unusual manner. The sheriff, police, or chief law enforcement officer shall inform a medical examiner in accordance with § 5–309(b) of this article, and the medical examiner, if necessary, shall conduct an investigation in accordance with the provisions of that section.

Beginning October 1, 2020, the Administration may not fund providers that pay individuals less than the minimum wage under a certificate that the United States Department of Labor issues to a work activities center or other sheltered workshop to allow the work activities center or workshop to pay an individual less than the wage otherwise required for the individual under federal law.

In this section, “medical and psychological records” includes: Medical documentation; Psychological information; School documentation; and Any other relevant information. The Developmental Disabilities Administration and the Division of Rehabilitation Services shall enter into a memorandum of understanding, the terms of which shall include a data sharing agreement for the medical and psychological records of mutual clients in order to expedite decisions regarding eligibility for services.