# COMAR Title 10 — Maryland Department of Health

## Subtitle 09 — Medical Care Programs

### Chapter 20 — Community Personal Assistance Services

#### Regulation .03 Participant Eligibility.

*COMAR 10.09.20.03*

A. To participate in the Program, the participant shall:

  (1) Be determined by the Department to need assistance with one or more activities of daily living;

  (2) Be eligible for Medicaid under an eligibility coverage group described in COMAR 10.09.24, except for Regulations .03C, .03-1—.03-3, and .05-2; and

  (3) Reside at home.

B. To be eligible for participation, a participant shall have an active plan of service. The plan of service shall:

  (1) Be based on:

    (a) The evaluation and recommended plan of care; and

    (b) Consultation with the applicant or participant;

  (2) Address the applicant’s or participant’s health and safety needs;

  (3) Specify the services needed to safely support the participant in the community, including a plan for receiving personal assistance services in case of an emergency;

  (4) Specify the provider agency providing personal assistance services; and

  (5) Include the signature of the:

    (a) Participant or, when applicable, the individual’s representative;

    (b) Supports planner; and

    (c) Personal assistance provider agency listed within the plan of service.

C. A participant’s eligibility for services shall be re-evaluated by the Department every 12 months, or more frequently if needed due to a significant change in the participant’s condition or needs.

D. Participant eligibility shall be terminated if the participant:

  (1) No longer meets the required level of care;

  (2) No longer resides at home;

  (3) Is without personal assistance services for 30 consecutive calendar days;

  (4) Voluntarily chooses, or the participant’s legal representative chooses on the participant’s behalf, to disenroll from the Program;

  (5) Moves to another state;

  (6) Is an inpatient for 30 consecutive days or more in an institutional setting, including but not limited to a chronic hospital or nursing facility; or

  (7) Dies.