This chapter governs residential substance use disorder services for adults, effective July 1, 2017. In this chapter, the following terms have the meanings indicated. Terms Defined. “Accrediting body” means an entity approved by the Secretary or the Secretary’s designee, under Health-General Article, §19-2302, Annotated Code of Maryland. “Administrative day” means a day of services rendered to a participant who no longer requires the level of care the provider is licensed to deliver, but still requires the level of care in an ASAM Level 3.3, 3.5, or 3.7 setting. “Administrative service organization (ASO)” means the entity under contract with the Department to provide administrative services to operate the Maryland Public Behavioral Health System. “American Society of Addiction Medicine (ASAM) criteria” means an instrument designed to indicate placement guidelines for admission, continued stay, and discharge of individuals with a substance use disorder. “Assessment” means the process of ascertaining the treatment needs of an individual seeking behavioral health services. “Available” means a staff member is on-site, available by phone, or on call. “Behavioral Health Administration” means the administration within the Department that establishes regulatory requirements that behavioral health providers are to maintain in order to become certified or licensed by the Department. “Certified counselor” means a provider approved by the Board of Professional Counselors and Therapists under COMAR 10.58. “Coordinating aftercare services” means being responsible for assisting participants with resources, appointments, and discharge plans. “Crisis intervention” means the methods used to offer short term immediate help to individuals who have experienced an event that produces mental, physical, emotional, and behavioral distress. “Department” means the Maryland Department of Health, which is the single State agency designated to administer the Maryland Medical Assistance Program under Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq. “Discharge plan” means a written description of specific goals and objectives to assist the participant upon leaving treatment. “Documentation” means the written medical record. “Evidence-based practice” means a practice approved by the Behavioral Health Administration that applies to certain clinical or rehabilitative interventions provided by public mental health service providers. “Facility director” means an individual on staff who is responsible for overseeing the daily operation of the residential treatment facility. “Individualized treatment plan” means a written plan that: Addresses the individual’s biopsychosocial needs through goals and objectives; and Is updated as needed according to the treatment modality. “License” means the approval issued by the Secretary or designee that permits a behavioral health provider to operate in Maryland. “Licensed mental health clinician” means a staff member who is eligible to provide mental health services as outlined in COMAR 10.09.59.04A. “Maryland Medical Assistance Program” means the program of comprehensive medical and other health-related care for indigent and medically indigent individuals. “Medically necessary” has the meaning stated in COMAR 10.09.36.01. “Participant” means an individual who is certified as eligible for, and is receiving, Medical Assistance benefits. “Participant” census means a record of participants actively in the care of the provider. “Program” means the Maryland Medical Assistance Program. “Progress” note means an objective documentation of the participants progress in relation to specific treatment goals and objectives. “Provider” means a residential treatment facility that provides professionally directed evaluation, observation, medical monitoring, and addiction treatment in an inpatient setting. “Substance use disorder” means a maladaptive pattern of substance use leading to clinically significant impairment or distress and manifested by recurrent and significant adverse consequences related to the repeated use of substances. “Substance use disorder services” means the services for which a participants diagnosis and treatment provider meet the criteria specified in COMAR 10.67.08 and this chapter. To participate in the Program, a provider shall: Meet the license requirements stated in COMAR 10.09.36.02 and, after April 1, 2018, COMAR 10.63.01.05; Be accredited by a Maryland-approved accrediting body; and Be licensed by the Behavioral Health Administration (BHA) for each level of care. General requirements for participation in the Program are that a provider shall: Comply with requirements set forth in COMAR 10.09.36; and If delivering services via telehealth, comply with COMAR 10.09.49 and any subregulatory guidance issued by the Department. To participate in the Program as a residential substance use disorder provider, the provider shall: Be in compliance with COMAR 10.63.03 as applicable to each ASAM level of care; Be in compliance with all ASAM requirements for each applicable level of care; Demonstrate competence in the ability to deliver a minimum of three evidence-based practice services; Complete all required documentation associated with the application process; Maintain verification of licenses and credentials, including background checks, of all professionals employed by or under contract with the provider in their respective personnel files; Maintain staffing within each ASAM level of care as described in §§C—G of this regulation; Increase staffing within each ASAM level of care at a ratio to correspond with the participant census to meet required ASAM level of service delivery for each patient; Maintain adequate documentation of each clinical contact with a participant as part of the medical record, which includes, at a minimum: An individualized treatment plan; The date of all clinical encounters with start and end times and a description of services provided; Documentation of all clinical services received by the participant; Progress notes updated on each day services are provided; An individualized discharge plan; and An official e-Signature, or a legible signature, along with the printed or typed name of the individual providing care, with the appropriate degree or title on all clinical progress notes; Maintain adequate documentation indicating that the participant continues to meet the medical necessity criteria for the applicable ASAM level of care; Make the documentation required under this subtitle, or necessary to substantiate compliance with this subtitle, available as requested to carry out required activities, to the: Department; ASO; Core Service Agency; Local addictions authority; Local behavioral health authority; Office of Inspector General of the Department; and Office of the Attorney General Medicaid Fraud Control Unit; and Comply with all federal statutes and regulations, including the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320D et seq., and implementing regulations at 45 CFR Parts 160 and 164.04 Participant Eligibility and Referral. A residential, low-intensity level 3.1 provider shall: Provide therapeutic services for a minimum of 5 hours per week; Coordinate aftercare services through: Peer support; or A licensed provider; At a minimum, maintain the following staff: A part-time program director on-site 20 hours per week; A clinical director serving the program 20 hours per week who: May also be the program director; Is responsible for the supervision of the program’s clinical services, counselors, peer support staff, and coordination of all care provided by outside programs; and Is identified under COMAR 10.09.59.04 as an individual practitioner provider or certified and approved by the Board of Professional Counselors and Therapists as a supervisor; A licensed or certified counselor on-site 40 hours per week; Peer support staff; and At least one staff member on duty between 11 p.m. and 7 a.m. who is: Certified in cardiopulmonary resuscitation; Certified in Narcan administration; and Trained in crisis intervention. A residential, medium intensity level 3.3 provider shall: Have sufficient physician, physician assistant, or nurse practitioner services to: Provide initial diagnostic work-up; Provide identification of medical and surgical problems for referral; and Handle medical emergencies when necessary; Provide therapeutic activities from 20 to 35 hours per week; Coordinate aftercare services through: Peer support; or Licensed provider; Have at least one staff member: Certified in cardiopulmonary resuscitation; Trained in crisis intervention; and On duty between 11 p.m. and 7 a.m.; Have a part-time facility director on-site 20 hours per week; and At a minimum, maintain the following staff: A physician, nurse practitioner, or physician assistant on-site 4 hours per week and 1 hour on call; A psychiatrist or psychiatric nurse practitioner available 3 hours per week; A registered nurse or licensed practical nurse on-site 40 hours per week; and An on-site multi-disciplinary team consisting of: A clinical supervisor; A licensed mental health clinician; A certified counselor under direct supervision of a counselor approved by the Board of Professional Counselors and Therapists as a supervisor; and Peer support staff. A residential, high intensity level 3.5 provider shall: Have sufficient physician, physician assistant, or nurse practitioner services to: Provide initial diagnostic work-up; Provide identification of medical and surgical problems for referral; and Handle medical emergencies when necessary; Provide a minimum of 36 hours of therapeutic activities per week; Coordinate aftercare services through: Peer support; or A licensed provider; Have at least one staff member: Certified in cardiopulmonary resuscitation; Trained in crisis intervention; and On duty between 11 p.m. and 7 a.m.; Have a part-time facility director on-site 20 hours per week; and At a minimum, have the following staff: A physician, nurse practitioner, or physician assistant on-site 1 hour per week; A psychiatrist or psychiatric nurse practitioner available 1 hour per week; An on-site multi-disciplinary team consisting of: A clinical supervisor; A licensed mental health clinician; Certified counselors under direct supervision of a counselor approved by the Board of Professional Counselors and Therapists as a supervisor; and Peer support staff. A residential, intensive level 3.7 provider shall: Have sufficient physician, physician assistant, or nurse practitioner services to: Provide initial diagnostic work-up; Provide identification of medical and surgical problems for referral; and Handle medical emergencies when necessary; Provide a minimum of 36 hours of therapeutic activities per week; Coordinate aftercare services through: Peer support; or Licensed provider; Have at least two staff members: Certified in cardiopulmonary resuscitation; Trained in crisis management; and On duty between 11 p.m. and 7 a.m.; Have a part-time facility director on-site 20 hours per week; and At a minimum, have on staff a: Physician, nurse practitioner, or physician assistant on-site 5 hours per week and 2 hours on call; Psychiatrist or psychiatric nurse practitioner available 10 hours per week; Nurse on-site 168 hours per week, with a minimum of 56 hours provided by a registered nurse; On-site multi-disciplinary team consisting of: A clinical supervisor; A licensed mental health clinician; Certified counselors under direct supervision of a counselor approved by the Board of Professional Counselors and Therapists as a supervisor; and Peer support staff. A withdrawal management service level 3.7-WM provider shall: Have a part-time facility director on-site 20 hours per week; Coordinate aftercare services through: Peer support; or Licensed provider; and At a minimum, have on staff: A physician, nurse practitioner, or physician assistant on-site 20 hours per week and 4 hours on call; A psychiatrist or psychiatric nurse practitioner available 8 hours per week; A registered nurse on-site 56 hours per week; A licensed practical nurse on-site 112 hours per week; and An on-site multi-disciplinary team consisting of: A clinical supervisor; A licensed mental health clinician; Certified counselors under direct supervision of a counselor approved by the Board of Professional Counselors and Therapists as a supervisor; and Peer support staff. A participant is eligible for substance use disorder services under this chapter if the participant: Is enrolled in the Program and is not enrolled in Medicare on the day a service is rendered; Meets the Department’s medical necessity criteria based on the ASAM placement criteria for each level of care; and Is 18 years old or older and is not receiving care from a provider under COMAR 10.09.23.04. A residential, low intensity level 3.1 provider shall provide: Therapeutic substance use disorder services for a minimum of 5 hours per week; and Services in a structured environment in combination with low-intensity treatment and ancillary services to support and promote recovery. A residential-medium intensity level 3.3 provider shall: Provide clinically managed substance use disorder treatment 20 to 35 hours per week based on a comprehensive assessment; and Provide services in a structured environment in combination with medium-intensity treatment and ancillary services to support and promote recovery. A residential, high intensity level 3.5 provider shall: Provide clinically managed substance use disorder treatment at least 36 hours per week based on a comprehensive assessment; and Provide services in a highly structured environment, in combination with medium-intensity to high-intensity treatment and ancillary services to support and promote recovery. A residential-intensive level 3.7 provider shall: Provide medically monitored, intensive substance use disorder treatment at least 36 hours per week based on a comprehensive assessment; and Offer a planned regimen of 24-hour professionally directed evaluation, care, and treatment in an inpatient setting. A withdrawal management service level 3.7 provider shall offer 24-hour medically supervised evaluation and withdrawal management. The Program shall cover services under this chapter rendered via telehealth in accordance with COMAR 10.09.49 when: Provided by licensed or certified staff; The originating site at which the participant receives the service is the adult residential substance use disorder service site; and Total services rendered via telehealth comprise no more than 50 percent of all clinical services. The Program does not cover the following in a residential substance use disorder treatment facility for adults: Services not medically necessary; ASAM Level 2 services by any provider; Except for services rendered to individuals in a residential, low-intensity program, ASAM Level 1 services by any provider; Services not specified in Regulation .06 of this chapter; Services beyond the provider’s scope of practice; Investigational and experimental drugs and procedures; Services rendered but not appropriately documented; and Services not preauthorized as required in Regulation .08 of this chapter. Additional services rendered via telehealth when telehealth services comprise more than 50 percent of a participant's weekly clinical services. The provider shall obtain authorization from the ASO to provide residential substance use disorder services outlined in Regulation .06 of this chapter. The ASO agent shall authorize services that are: Medically necessary for the applicable level of service as outlined by ASAM criteria for admission; and Of a type, frequency, and duration that are consistent with expected results and cost-effectiveness. No payment shall be rendered for services that have not been authorized by the Department or its designee. General policies governing payment procedures that are applicable to all providers are set forth in COMAR 10.09.36.04. Billing time limitations for claims submitted under this chapter are set forth in COMAR 10.09.36.06. For dates of service from July 1, 2023 through December 31, 2023, rates for the services outlined in this chapter shall be as follows: For ASAM Level 3.1, the provider shall receive $104.62 per diem; For ASAM Level 3.3, the provider shall receive $233.14 per diem; For ASAM Level 3.5, the provider shall receive $233.14 per diem; For ASAM Level 3.7, the provider shall receive $358.93 per diem; and For ASAM Level 3.7-WM, the provider shall receive $436.38 per diem. For dates of service from January 1, 2024 through June 30, 2024, rates for the services outlined in this chapter shall be as follows: For ASAM Level 3.1, the provider shall receive $112.99 per diem; For ASAM Level 3.3, the provider shall receive $251.79 per diem; For ASAM Level 3.5, the provider shall receive $251.79 per diem; For ASAM Level 3.7, the provider shall receive $387.64 per diem; and For ASAM Level 3.7-WM, the provider shall receive $471.40 per diem. For dates of service beginning July 1, 2024, rates for the services outlined in this chapter shall be as follows: For ASAM Level 3.1, the provider shall receive $116.38 per diem; For ASAM Level 3.3, the provider shall receive $259.34 per diem; For ASAM Level 3.5, the provider shall receive $259.34 per diem; For ASAM Level 3.7, the provider shall receive $399.27 per diem; and For ASAM Level 3.7-WM, the provider shall receive $485.54 per diem. Administrative Days. The Department shall pay at the daily rate based on the patient’s ASAM level of care when: The participant’s required level of care has changed, and the following conditions are met: The provider has implemented a predischarge planning program and initiated placement activities for the participant at the earliest appropriate time; The provider has actively pursued placement of the participant at the required level of care in an appropriate facility during the entire period of administrative days; The provider has submitted documentation to the Department or its designee that it has complied with the requirements of §E(1)(a)—(b) of this regulation for the entire period of the administrative stay claimed for reimbursement; and The participant is transferred promptly to the first available appropriate facility licensed and certified for the required level of care; and The participant is at an inappropriate level of care but cannot be moved, and the following conditions are met: The attending physician has declared that, because of physical or emotional problems, the participant is unable to be moved; and The reason the participant cannot be moved is adequately documented by the attending physician in the participant’s record. Recovery and reimbursement shall be as set forth in COMAR 10.09.36.07. Causes for suspension or removal and imposition of sanctions shall be as set forth in COMAR 10.09.36.08. Appeals procedures shall be as set forth in accordance with COMAR 10.09.36.09. Health-General Article, §§2-104(b), 7.5-204(c), 7.5-205(d), 15-105(b), and 15-141.2, Annotated Code of Maryland Effective date: September 11, 2017 (44:18 Md. R. 865) Regulation .02B amended effective April 4, 2022 (49:7 Md. R. 465); October 16, 2023 (50:20 Md. R. 886) Regulation .03C amended effective April 4, 2022 (49:7 Md. R. 465) Regulation .04 amended effective December 31, 2018 (45:26 Md. R. 1242) Regulation .04A amended effective October 16, 2023 (50:20 Md. R. 886) Regulation .06 amended effective December 31, 2018 (45:26 Md. R. 1242) Regulation .06F adopted effective October 16, 2023 (50:20 Md. R. 886) Regulation .07 amended effective December 30, 2019 (46:26 Md. R. 1164); October 16, 2023 (50:20 Md. R. 886) Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 886); September 16, 2024 (51:18 Md. R. 808) Regulation .09C amended effective December 31, 2018 (45:26 Md. R. 1242); December 30, 2019 (46:26 Md. R. 1164); April 4, 2022 (49:7 Md. R. 465) Regulation .09D—E amended effective April 4, 2022 (49:7 Md. R. 465); November 24, 2025 (52:23 Md. R. 1138)