# COMAR Title 10 — Maryland Department of Health

## Subtitle 09 — Medical Care Programs

### Chapter 59 — Specialty Mental Health Services

#### Regulation .03 General Conditions for Provider Participation.

*COMAR 10.09.59.03*

To participate in the Program, a provider shall:

A. Meet the conditions for provider participation in the Medical Assistance Program as set forth in COMAR 10.09.36.03;

B. Meet the conditions for licensure and practice as set forth in COMAR 10.63.01, 10.63.02, and 10.63.06;

C. Have clearly defined and written patient care policies; and

D. Maintain, either manually or electronically, adequate documentation of each contact with a participant as part of the medical record, which, at a minimum, meets the following requirements:

  (1) Includes the date of service with service start and end times;

  (2) Includes the participant’s primary behavioral health complaint or reason for the visit;

  (3) Includes a brief description of the service provided, including progress notes;

  (4) Includes an official e-Signature, or a legible signature, along with the printed or typed name of the individual providing care, with the appropriate title;

  (5) Is made available to the following as requested:

    (a) The Department;

    (b) The ASO;

    (c) The Core Service Agency;

    (d) The Office of Inspector General; and

    (e) The Office of the Attorney General Medicaid Fraud Control Unit; and

  (6) Is consistent with the medical records confidentiality and disclosure requirements of:

    (a) Maryland Confidentiality of Medical Records Act, Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland; and

    (b) Relevant federal statutes and regulations, including the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320D et seq., and implementing regulations at 45 CFR Parts 160 and 164.