<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 10.09.53.05" title_num="10" subtitle_num="09" chapter_num="53" heading="Limitations.">
  <paragraph num="A.">
    <text>Under this chapter, the Program does not cover the following:</text>
    <paragraph num="(1)">
      <text>Home health services that are covered under COMAR 10.09.04;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Services rendered by a nurse, CNA, or HHA who is a member of the participant's immediate family or who ordinarily resides with the participant;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Custodial services;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Services not deemed medically necessary at the initial assessment or the most recent plan of care review;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Services delivered by a nurse, CNA, or HHA who is not directly supervised by a registered nurse who documents all supervisory visits and activities;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Services not preauthorized by the Department or the Department's designee, with the exception of the initial assessment;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Services provided to a participant in a hospital, residential treatment center, or an intermediate care facility for individuals with intellectual disabilities or a residence or facility where nursing services are included in the living arrangement by regulation or statute, or otherwise provided for payment;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Services not directly related to the plan of care;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Services specified in the plan of care, when the plan of care has not been signed by the recipient or the recipient's legally authorized representative, the Department or the Department's designee, and the recipient's primary medical provider, when the services are covered under COMAR 10.09.27;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Services described in the plan of care whenever a major change occurs in the recipient's medical condition or skilled nursing care needs;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Services not ordered by the recipient's primary medical provider as a result of a partial or complete EPSDT screen;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Services specified in Regulation .04 of this chapter which duplicate or supplant services rendered by the recipient's family caregivers or primary caregivers as well as other insurance, privilege, entitlement, or program services that the recipient receives or is eligible to receive;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Services specified in Regulation .04 of this chapter to recipients eligible for any third-party liability coverage of those services;</text>
    </paragraph>
    <paragraph num="(14)">
      <text>Services provided for the convenience or preference of the recipient or the primary caregiver rather than as required by the recipient's medical condition;</text>
    </paragraph>
    <paragraph num="(15)">
      <text>Services which are not initially ordered before the start of care and renewed every 60 days by the participant's primary medical provider;</text>
    </paragraph>
    <paragraph num="(16)">
      <text>Services provided by a nurse, CNA, or HHA who does not possess a valid, current, and nontemporary nursing license or certifications to provide services in the jurisdiction in which services are rendered;</text>
    </paragraph>
    <paragraph num="(17)">
      <text>Services provided by a nurse, CNA, or HHA who does not have a current cardiopulmonary resuscitation (CPR) certification for the period during which the services are rendered;</text>
    </paragraph>
    <paragraph num="(18)">
      <text>Direct payment for supervisory visits that do not meet acceptable standards of practice in accordance with COMAR 10.27.09, 10.27.10, and 10.27.11;</text>
    </paragraph>
    <paragraph num="(19)">
      <text>Services rendered to a participant by a nurse, CNA, or HHA in the assigned staff's home;</text>
    </paragraph>
    <paragraph num="(20)">
      <text>Services not documented; and</text>
    </paragraph>
    <paragraph num="(21)">
      <text>Respite services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Program shall only cover one-to-one nursing when a participant's condition requires that level of service and shared services are not an option.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Nursing services may only be provided to EPSDT eligible individuals under 21 years old.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Program does not cover nursing services ordered by an:</text>
    <paragraph num="(1)">
      <text>Individual who is not enrolled as a provider in the Program with an active status on the date of service; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Entity, facility, or another provider that is not an individual.</text>
    </paragraph>
  </paragraph>
</regulation>