<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 10.09.50.05" title_num="10" subtitle_num="09" chapter_num="50" heading="Limitations.">
  <paragraph num="A.">
    <text>To participate in the Program as a provider of health-related services or health-related early intervention services, the provider shall be a local school system, a local lead agency, a State-operated education agency, or State-supported education agency.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Health-related services or health-related early intervention services outlined in the IEP or the IFSP shall be approved by the IEP or IFSP team for continued treatment.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Therapeutic behavioral services may only be provided if:</text>
    <paragraph num="(1)">
      <text>Preauthorized through the IEP or IFSP process and directly related to the IEP or IFSP;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Services are not custodial;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Services are considered medically necessary by the IEP or IFSP team, which develops the recipient’s IEP or IFSP;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Delivered in the recipient's home, school, or other setting if normal activities are disrupted;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The therapeutic behavioral aide is not a member of the recipient's immediate family or an individual who ordinarily resides in the recipient's home; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The recipient has:</text>
      <paragraph num="(a)">
        <text>Maladaptive behavior;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Warrants a behavioral plan;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Behavior that is deviant from developmentally appropriate behavior for the individual’s chronological age as determined by the IEP or IFSP team;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A behavior plan that does not include aversive techniques, restraints, and seclusion, or any of these; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>No insurance coverage for therapeutic behavior services when compensated as an individual service covered by another third party insurance or part of a package of benefits covered by either another third party insurance or another public agency.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>