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<regulation prefix="Regulation" num=".04" citation="COMAR 10.09.53.04" title_num="10" subtitle_num="09" chapter_num="53" heading="Covered Services.">
  <paragraph num="A.">
    <text>The Program shall cover services rendered by a nurse, CNA, or HHA when the:</text>
    <paragraph num="(1)">
      <text>Services are ordered by the participant's primary medical provider and renewed every 60 days after that;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Services are directly related to the plan of care;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Services are described in the nursing care plan and progress notes;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Services are of a scope that is more individual and continuous than what is available under the home health program;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Services are delivered in the recipient's home, or other setting when normal life activities take the recipient outside the home;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Services include supervision of family caregivers in the home while family caregivers practice the skills necessary to provide care to the recipient in accordance with the established plan of care;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Services are preauthorized in accordance with Regulation .06 of this chapter;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Services are received by the participant as documented by the signature of the participant or the participant’s representative on the nursing provider’s official form;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Services are determined medically necessary for a participant after the provider has completed an initial nursing assessment that reflects the participant’s need for an awake and alert caregiver;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Participant has at least one caregiver willing and able to accept responsibility for the participant’s care when the nurse, CNA, or HHA is not available;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Caregiver provides documentation of each of the following when applicable:</text>
      <paragraph num="(a)">
        <text>The caregiver’s work schedule along with commuting times;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The caregiver’s school attendance as defined in Regulation .02 of this chapter along with commuting times; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Emergency circumstances, as determined by the Department, including but not limited to the inability of the primary caregiver to provide care due to hospitalization or an acute debilitating illness for up to a 60-day period; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>Services are provided only in the absence of the willing and able caregiver during sleeping hours and during the times documented in §A(11) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Program shall cover nursing services rendered by a registered nurse when:</text>
    <paragraph num="(1)">
      <text>The complexity of the services or the condition of a participant requires the judgment, knowledge, and skills of a registered nurse in accordance with COMAR 10.27.09 and the services cannot be:</text>
      <paragraph num="(a)">
        <text>Performed by a licensed practical nurse in accordance with COMAR 10.27.10; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Delegated to a CNA or HHA pursuant to Health Occupations Article, Title 8, Annotated Code of Maryland and in accordance with COMAR 10.27.11;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Sufficient documentation is maintained by the registered nurse including signed and dated progress notes which are reviewed by the registered nurse supervisor;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Supervisory visits are conducted and documented by the registered nurse supervisor based on acceptable standards of practice; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Services are preauthorized by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Program shall cover nursing services rendered by a licensed practical nurse when:</text>
    <paragraph num="(1)">
      <text>The complexity of the services or the condition of a participant requires the judgment, knowledge, and skills of a licensed practical nurse in accordance with COMAR 10.27.10 and the services:</text>
      <paragraph num="(a)">
        <text>Do not require the knowledge and skills of a registered nurse in accordance with COMAR 10.27.09; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Cannot be delegated to a CNA or HHA pursuant to Health Occupations Article, Title 8, Annotated Code of Maryland, and in accordance with COMAR 10.27.11;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Sufficient documentation is maintained by the licensed practical nurse including signed and dated progress notes which are reviewed by the registered nurse supervisor;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Supervisory visits are conducted and documented by the registered nurse supervisor based on acceptable standards of practice; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Services are preauthorized by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Program shall cover delegated nursing services provided by a CNA or HHA who is also certified as a CMT when:</text>
    <paragraph num="(1)">
      <text>The complexity of the service or the condition of a participant requires the judgment, knowledge, and skills of the CNA or HHA for at least 2 or more continuous hours;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The services provided include but are not limited to:</text>
      <paragraph num="(a)">
        <text>Assistance with activities of daily living when performed in conjunction with other delegated nursing services; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Other nursing services properly delegated by a nurse pursuant to Health Occupations Article, Title 8, Annotated Code of Maryland, and in accordance with COMAR 10.27.11;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Sufficient documentation is maintained by the CNA or HHA including signed and dated progress notes which are reviewed by the nurse supervisor; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Supervisory visits are conducted and documented by a registered nurse supervisor in accordance with COMAR 10.27.09 and 10.27.11.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The Program shall cover a provider's initial assessment of a participant's medical need for services when the assessment:</text>
    <paragraph num="(1)">
      <text>Is 3 hours or less;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Does not require preauthorization;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Demonstrates:</text>
      <paragraph num="(a)">
        <text>A comprehensive assessment of the recipient's health status;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An assessment of the need for services;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An assessment of the scope and duration of services to be provided;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>An assessment of the recipient's residence; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Consultation with the primary medical provider, and a multidisciplinary team if the participant is receiving services under COMAR 10.09.27, to confirm the need for services and to develop a plan of care; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Is conducted by a licensed registered nurse.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>If a need for services is confirmed during a participant's initial assessment, the registered nurse, in conjunction with the participant's primary medical provider, shall develop a care plan. When a participant also receives services under COMAR 10.09.27, the nurse or registered nurse supervisor shall participate as a member of the multi-disciplinary team and recommend a plan of care. The care plan shall be reviewed and updated to reflect the current service orders and shall include:</text>
    <paragraph num="(1)">
      <text>Prognosis;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Diagnoses;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Treatment;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Treatment goals;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Services required, including specific nursing procedures;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Frequency of visits (that is, hours of nursing care ordered for each day);</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Duration of treatment;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Functional limitations;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Permitted and prohibited activities;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Diet;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Medications;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Mental status;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>A list of medical supplies related to each nursing procedure and how these are to be used in the participant's care:</text>
    </paragraph>
    <paragraph num="(14)">
      <text>A list of durable medical equipment related to each nursing procedure and how the equipment is to be used in the participant's care;</text>
    </paragraph>
    <paragraph num="(15)">
      <text>Safety measures to protect against injury;</text>
    </paragraph>
    <paragraph num="(16)">
      <text>Emergency plan;</text>
    </paragraph>
    <paragraph num="(17)">
      <text>Contingency plan for back-up coverage;</text>
    </paragraph>
    <paragraph num="(18)">
      <text>Nurse's role in including the family in the provision of care;</text>
    </paragraph>
    <paragraph num="(19)">
      <text>Plan to decrease services when the participant's condition improves or as the caregivers become better able to meet the participant's needs; and</text>
    </paragraph>
    <paragraph num="(20)">
      <text>Other appropriate items.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The Department may preauthorize on a short-term basis services for assessment purposes only, when medical information is insufficient to determine medical necessity;</text>
  </paragraph>
  <paragraph num="H.">
    <text>Services shall be decreased as the caregivers become better able to meet the participant's needs.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The Program shall cover nursing services ordered by the participant's primary medical provider when the primary medical provider is an individual who is enrolled as a provider in the Program with an active status on the date of service.</text>
  </paragraph>
</regulation>