# COMAR Title 10 — Maryland Department of Health

## Subtitle 02 — Division of Reimbursements

### Chapter 02 — Abandonment or Abuse of Responsible Relatives by Recipients of Care

#### Regulation .01 Definitions.

*COMAR 10.02.02.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Abandonment” means wrongful and continuous absence by a:

    (a) Spouse from the home for a period of 18 months or longer, immediately before the recipient of services' hospitalization; or

    (b) Parent coupled with failure to support a child, or children, for a period of 18 months or more during the child's or children's minority.

  (2) “Abuse” or “physical abuse” means:

    (a) The sustaining of physical injury;

    (b) Cruel or inhumane treatment;

    (c) A malicious act or treatment; or

    (d) Harm, or threatened harm, to the health or welfare of the individual.

  (3) “Crime of violence” means:

    (a) Abduction;

    (b) Arson;

    (c) Burglary;

    (d) Daytime housebreaking;

    (e) Kidnapping;

    (f) Manslaughter, except involuntary manslaughter;

    (g) Assault in the first degree;

    (h) Murder;

    (i) Rape;

    (j) Robbery;

    (k) Robbery with a deadly weapon;

    (l) Sexual offense in the first degree;

    (m) Sexual offense in the second degree;

    (n) Use of a handgun in the commission of a felony or other crime of violence;

    (o) An attempt to commit any one of the following offenses:

      (i) Assault with intent to murder;

      (ii) Assault with intent to rape;

      (iii) Assault with intent to rob;

      (iv) Assault with intent to commit a sexual offense in the first degree; and

      (v) Assault with intent to commit a sexual offense in the second degree.

  (4) “Minority” means the period of time when a child is 17 years old or younger.

  (5) “Recipient of services”:

    (a) Means an individual who receives care, maintenance, treatment, or support in a facility or program that is operated or funded wholly or partly by the Department;

    (b) Includes, but is not limited to, an individual in a:

      (i) Public facility under the Maryland Mental Law, Health-General Article, Title 10, Annotated Code of Maryland;

      (ii) Facility or Veteran's Administration hospital for comprehensive evaluation under Health-General Article, Title 7, Annotated Code of Maryland;

      (iii) Residential, public facility, or a facility from which the State obtains residential care under the Maryland Developmental Disabilities Law, Health-General Article, Title 7, Annotated Code of Maryland; and

      (iv) Facility operated by the Office of Chronic and Rehabilitation Facilities.

  (6) “Responsible relative” means the:

    (a) Spouse of a recipient of services;

    (b) Parents of a recipient of services who is a minor; and

    (c) Children of a recipient of services.

  (7) “Sexual abuse”:

    (a) Means an act that involves sexual molestation or exploitation of a person by another person;

    (b) Includes, but is not limited to:

      (i) Incest, rape, or sexual offenses in any degree,

      (ii) Sodomy, and

      (iii) Unnatural or perverted sexual practices.