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<regulation prefix="Regulation" num=".02" citation="COMAR 10.09.69.02" title_num="10" subtitle_num="09" chapter_num="69" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Activities of daily living” means tasks or activities that include but are not limited to bathing, feeding, toileting, dressing, and ambulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Business day” means any day except Saturday, Sunday, or a holiday on which State offices are closed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Caregiver” means a willing and able individual who is trained in providing care to the participant.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Case management” means assessing, planning, coordinating, and monitoring the delivery of medically necessary health-related services.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Case management provider” means the Department's designee, or a subcontractor of the designee, which provides case management to participants assigned to it by the Department.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Case manager” means, an individual who is:</text>
      <paragraph num="(a)">
        <text>A social worker with active and nationally recognized certification in case management or an RN;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Employed by the Department's designee; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Assigned by the Department's designee to manage the care of some or all of the participants.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Cause” means a significant change in medical condition such that it is no longer medically efficacious for the individual to remain in the MCO as determined by the Department.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Certified medication technician (CMT)” means an individual who:</text>
      <paragraph num="(a)">
        <text>Completes a 20-hour course in medication administration approved by the Maryland Board of Nursing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is certified by the Maryland Board of Nursing under COMAR 10.39.04; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Performs medication administration tasks delegated by a nurse in accordance with COMAR 10.27.11.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>“Certified nursing assistant (CNA)” means an individual who:</text>
      <paragraph num="(a)">
        <text>Is certified by the Maryland Board of Nursing under COMAR 10.39.05; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Routinely performs nursing tasks delegated by a nurse in accordance with COMAR 10.27.11.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>“Certified nursing assistant certified as a CMT (CNA-CMT)” means an individual who:</text>
      <paragraph num="(a)">
        <text>Is certified by the Maryland Board of Nursing under COMAR 10.39.05 and 10.39.04;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Completes a 20-hour course in medication administration approved by the Maryland Board of Nursing; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Routinely performs nursing tasks including medication administration tasks delegated by a nurse in accordance with COMAR 10.27.11.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>“Chiropractor” means an individual who is licensed by the Maryland State Board of Chiropractic Examiners to practice chiropractic in Maryland.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Delegated nursing services” means nursing services provided to a participant by a CNA, CNA-CMT, HHA, or HHA-CMT under the supervision of an RN in accordance with COMAR 10.27.11.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Dental service provider” means an individual who is licensed and legally authorized to practice dentistry in the state in which the service is provided.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Department” means the Department of Health, as defined in COMAR 10.09.36.01, or its authorized agents acting on behalf of the Department.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Dietitian-nutritionist” means an individual who is licensed as a dietitian-nutritionist by the Maryland State Board of Dietetic Practice to practice dietetics in Maryland.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Early and periodic screening, diagnosis, and treatment (EPSDT)” means the provision, to individuals younger than 21 years old, of preventive health care pursuant to 42 CFR §441.50 et seq., as amended, and other health care services, diagnostic services, and treatment services that are necessary to correct or ameliorate defects, physical and mental illnesses, and conditions discovered by EPSDT screening services.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“EPSDT-certified provider” means a physician, physician assistant or nurse practitioner who is certified by the Department's EPSDT program to provide well-child services according to the Department's periodicity schedule and program standards to enrollees younger than 21 years old.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“EPSDT periodicity schedule” means the list approved by the Department of required or recommended preventive health care services for children and adolescents.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“EPSDT services” means:</text>
      <paragraph num="(a)">
        <text>Screening services provided by an EPSDT-certified provider that are required or recommended on the EPSDT periodicity schedule; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Health care services performed to diagnose, treat, or refer problems or conditions discovered during the comprehensive well-child service.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(20)">
      <text>“Evaluation” means a determination of the health status of a patient in a patient's home or any other appropriate setting by a licensed professional for the purpose of designing an individual plan of care, which incorporates the modalities of treatment that will promote optimal functional ability and recuperation.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Family member” means an adult who:</text>
      <paragraph num="(a)">
        <text>Lives with or provides care to the participant; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is not paid to provide the care under the REM program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(22)">
      <text>“HealthChoice” means Maryland Medicaid's Statewide mandatory managed care program as defined in COMAR 10.67.04.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Home” means the place of residence, occupied by the participant, other than 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="(24)">
      <text>“Home health agency” means an agency licensed by the Department in accordance with COMAR 10.07.10.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Home health aide (HHA)” means an individual who meets all the conditions of participation specified in:</text>
      <paragraph num="(a)">
        <text>42 CFR §484.36; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Health Occupations Article, Title 8, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(26)">
      <text>“Home health aide certified as a CMT (HHA-CMT)” means an individual who:</text>
      <paragraph num="(a)">
        <text>Meets all the conditions of participation specified in 42 CFR §484.36 and Health Occupations Article, Title 8, Annotated Code of Maryland; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Completes a 20-hour course in medication administration approved by the Maryland Board of Nursing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(27)">
      <text>“Hospital” means an institution licensed by and providing services in accordance with Health-General Article, §19-301, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(28)">
      <text>“Individualized education program (IEP)” means a written description of special education and related services developed by an IEP team to be implemented to meet the individual needs of a child.</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“Individualized family service plan (IFSP)” means a written plan for providing early intervention and other services to an eligible child and the child's family developed by an IFSP team.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>“Interdisciplinary team" means the group comprised of the case manager and relevant service providers to develop the case management plan under the overall direction and coordination of the case manager, in consultation with the participant and, when applicable, the participant's family.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“Intermediate care facility for individuals with intellectual disabilities or individuals with related conditions (ICF-IID)” means an institution licensed by the Department under COMAR 10.07.20 that provides health-related services or health rehabilitative services for individuals with intellectual disabilities or related conditions.</text>
    </paragraph>
    <paragraph num="(32)">
      <text>“Licensed practical nurse (LPN)” means an individual licensed to practice licensed practical nursing as defined in Health Occupations Article, §8-301, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(33)">
      <text>“Managed care organization (MCO)” has the meaning stated in Health-General Article, §15-101, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(34)">
      <text>“Medical Assistance” means the program administered by the State under Title XIX of the Social Security Act which provides comprehensive medical and other health-related care for categorically eligible and medically needy individuals.</text>
    </paragraph>
    <paragraph num="(35)">
      <text>“Medically necessary” means that the service or benefit is:</text>
      <paragraph num="(a)">
        <text>Directly related to diagnostic, preventive, curative, palliative, rehabilitative, or ameliorative treatment of an illness, injury, disability, or health condition;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Consistent with current accepted standards of good medical practice;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The most cost-efficient service that can be provided without sacrificing effectiveness or access to care; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Not primarily for the convenience of the participant, the participant's family, or the provider.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(36)">
      <text>“Medicare” means the federal program that provides benefits to the aged and disabled under Title XVIII of the Social Security Act, 42 U.S.C. §1395 et seq.</text>
    </paragraph>
    <paragraph num="(37)">
      <text>“Nurse” means an individual who is licensed to practice as a registered nurse (RN) or a licensed practical nurse (LPN) in the jurisdiction in which services are provided.</text>
    </paragraph>
    <paragraph num="(38)">
      <text>“Nurse practitioner” means an individual who is licensed and certified to practice as a nurse practitioner in the jurisdiction in which services are provided.</text>
    </paragraph>
    <paragraph num="(39)">
      <text>“Nursing facility” has the meaning stated in COMAR 10.09.10.01B.</text>
    </paragraph>
    <paragraph num="(40)">
      <text>“Nutritional counseling” means the assessment of the participant's nutritional status and education about improving their nutritional status provided by a licensed dietitian-nutritionist.</text>
    </paragraph>
    <paragraph num="(41)">
      <text>“Nutritional supplements” means enteral feeding which is medically indicated as either the sole source of nutrition or a supplement that enhances the physical well-being of the participant.</text>
    </paragraph>
    <paragraph num="(42)">
      <text>“Occupational therapist” means an individual licensed by the Maryland State Board of Occupational Therapy Practice to practice occupational therapy in Maryland.</text>
    </paragraph>
    <paragraph num="(43)">
      <text>“Participant” means an eligible individual who is enrolled in the Program.</text>
    </paragraph>
    <paragraph num="(44)">
      <text>“Physician” means an individual who is licensed or otherwise legally authorized to practice in the jurisdiction in which the services are rendered.</text>
    </paragraph>
    <paragraph num="(45)">
      <text>“Physician assistant” means an individual who is licensed to practice medicine with physician supervision as stated in the Health Occupations Article, §§15-301(d) and (e) and 15-302, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(46)">
      <text>“Plan of care” means the document which governs a participant's care management which includes the:</text>
      <paragraph num="(a)">
        <text>Case management assessment report;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Interdisciplinary plan of care; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Case management plan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(47)">
      <text>“Preauthorization” means the approval required from the Department or its designee before specific services may be rendered.</text>
    </paragraph>
    <paragraph num="(48)">
      <text>“Primary care provider (PCP)” means a physician, physician assistant, or nurse practitioner who is the primary coordinator of care for the participant, and whose responsibility it is to provide accessible, continuous, comprehensive, and coordinated health care services covering the full range of benefits required by the Maryland Medicaid Managed Care Program, as specified in COMAR 10.67.06.</text>
    </paragraph>
    <paragraph num="(49)">
      <text>“Private duty nursing” means skilled nursing services for participants, who require more individual and continuous care than is available under the home health program, which are provided by a registered nurse (RN) or a licensed practical nurse (LPN), in a participant's home or another setting when normal life activities take the participant outside his or her home.</text>
    </paragraph>
    <paragraph num="(50)">
      <text>“Program”, unless the context indicates otherwise, has the meaning stated in COMAR 10.09.36.01B.</text>
    </paragraph>
    <paragraph num="(51)">
      <text>“Progress note” means a signed and dated written notation by the RN, LPN, CNA, CNA-CMT, HHA, or HHA-CMT, which:</text>
      <paragraph num="(a)">
        <text>Summarizes facts about the care given and the participant's response during a given period of time;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Specifically addresses the established goals of treatment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is consistent with the participant's plan of care; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is written during the course of care.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(52)">
      <text>“Provider” means an individual, agency, or facility, which is enrolled in the Program through an agreement with the Department, and has been identified as a Program provider by the issuance of a provider number.</text>
    </paragraph>
    <paragraph num="(53)">
      <text>“Rare and expensive case management (REM)” means a Maryland Medical Assistance program that provides case management services and optional services to eligible individuals with specific rare and expensive conditions.</text>
    </paragraph>
    <paragraph num="(54)">
      <text>“Rare and expensive condition” means a medical diagnosis or condition identified in Regulation .16 of this chapter.</text>
    </paragraph>
    <paragraph num="(55)">
      <text>“Registered nurse (RN)” means an individual licensed to practice registered nursing as defined in Health Occupations Article, §8-301, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(56)">
      <text>“REM optional services” means the services listed in Regulations .10 and .11 of this chapter, which meet the general requirements under Regulation .09 of this chapter.</text>
    </paragraph>
    <paragraph num="(57)">
      <text>“Residential service agency” means an agency licensed by the Department in accordance with COMAR 10.07.05.</text>
    </paragraph>
    <paragraph num="(58)">
      <text>“Residential treatment center” means any institution which falls within the jurisdiction of Health-General Article, §19-308, Annotated Code of Maryland, and is licensed as required by COMAR 10.07.04 or other applicable standards established by the state in which the service is provided.</text>
    </paragraph>
    <paragraph num="(59)">
      <text>“School” means courses or classes for the acquisition of a General Education Diploma, a high school diploma, an associate degree, or a first-time bachelor’s degree.</text>
    </paragraph>
    <paragraph num="(60)">
      <text>“Social worker” means an individual who is licensed by the Maryland State Board of Social Work Examiners to practice social work in Maryland.</text>
    </paragraph>
    <paragraph num="(61)">
      <text>“Speech-language pathologist” means an individual who is licensed by the Maryland Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists to practice speech-language pathology in Maryland.</text>
    </paragraph>
  </paragraph>
</regulation>