# COMAR Title 10 — Maryland Department of Health

## Subtitle 09 — Medical Care Programs

### Chapter 28 — Applied Behavior Analysis Services

#### Regulation .03 Participant Eligibility.

*COMAR 10.09.28.03*

A. A participant shall meet the eligibility conditions set forth in §B of this regulation.

B. To qualify for ABA services, a participant shall:

  (1) Be younger than 21 years old;

  (2) Live in the community;

  (3) Be diagnosed with an ASD by a qualified health care professional;

  (4) Exhibit the presence of maladaptive behavior or developmental skills deficits that significantly interferes with home, school, or community activities;

  (5) Be medically stable and not require 24-hour medical or nursing monitoring or procedures provided in a hospital or an ICF-IID;

  (6) Have a comprehensive diagnostic evaluation by a qualified health care professional;

  (7) Be referred for ABA services by a licensed health care professional; and

  (8) Have a completed ABA treatment plan that shall:

    (a) Be participant-centered and family-centered, culturally competent, and based on individualized goals;

    (b) Consider the participant's age, school attendance requirements, and other daily activities;

    (c) Be developed by:

      (i) A licensed psychologist; or

      (ii) An LBA;

    (d) Ensure that the interventions are consistent with ABA techniques;

    (e) Delineate both the frequency of baseline targeted behaviors and the behavior intervention plan to address the behaviors;

    (f) Identify long-term goals, short-term goals, and objectives that:

      (i) Are behaviorally defined;

      (ii) Are customized to the participant;

      (iii) Are measurable; and

      (iv) Are based upon clinical observations;

    (g) Identify the methods that will be used to measure achievement of behavior goals, objectives, and estimated timeframes;

    (h) Identify the schedule of services planned, including number of hours per week and the providers responsible for delivering the services;

    (i) Include:

      (i) Care coordination involving the participant's parent or caregiver and other professionals as applicable;

      (ii) Support and training of the participant's parent or caregiver;

      (iii) A plan for generalization; and

      (iv) Measurable discharge criteria.