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<regulation prefix="Regulation" num=".04" citation="COMAR 10.09.69.04" title_num="10" subtitle_num="09" chapter_num="69" heading="Participant Enrollment and Disenrollment.">
  <paragraph num="A.">
    <text>Anyone may refer an individual into the REM program including, but not limited to a:</text>
    <paragraph num="(1)">
      <text>Family member;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Physician;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Discharge planner;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Hospital;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Clinic;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Social worker; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Managed care organization (MCO).</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Department shall enroll an individual determined eligible in the REM program when:</text>
    <paragraph num="(1)">
      <text>All pertinent documentation regarding needed medical services is received, reviewed, and approved;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Confirmation of the individual's election to participate in the program is received; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The individual is being discharged from an institution or transitioning from an MCO and service coordination is complete.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>When an MCO participant is referred to the REM program for enrollment, the MCO shall:</text>
    <paragraph num="(1)">
      <text>Provide confirmation of the qualifying diagnosis to the Department; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Continue to provide the MCO participant's care until the Department confirms the diagnosis and enrolls the MCO participant into REM.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An individual shall be enrolled in or auto-assigned into an MCO as specified in COMAR 10.67.02, not later than 60 days from the date the individual becomes ineligible for REM, as a result of changes in the diagnosis or age group criteria specified in Regulation .17 of this chapter, except when the individual was allowed to remain in REM in accordance with §I of this regulation.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A REM participant may elect to disenroll from REM and enroll in an MCO by notifying the Department of that decision except when the individual was allowed to remain in REM in accordance with §I of this regulation.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Election to Remain in MCO.</text>
    <paragraph num="(1)">
      <text>An individual who becomes eligible for REM while enrolled in an MCO may elect to remain in an MCO by notifying the Department of that decision.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When a REM-eligible individual elects to remain in an MCO, the Department, in consultation with the MCO and the REM-eligible individual, may determine whether the MCO can appropriately meet the individual's medical needs within the parameters of the program benefit package as described in COMAR 10.67.06.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the MCO determines it cannot appropriately meet the individual's medical needs, the MCO shall submit to the Department written justification for its decision.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If the Department determines the MCO can meet the individual's medical needs, the Department shall notify the MCO of its decision in writing.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If the Department determines that the MCO cannot appropriately meet the individual's needs, the Department shall issue a written determination to the individual and the MCO which includes:</text>
      <paragraph num="(a)">
        <text>The reason for the determination; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An explanation of the individual's right to appeal the determination according to the procedures set forth in COMAR 10.01.04.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>If the Department determines that the MCO can appropriately meet the individual's medical needs, the individual's election becomes effective and cannot be revoked without cause for a period of 1 year from the effective date.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The Department shall allow an individual who, immediately before enrollment in REM, was receiving medical services from a specialty clinic or other setting to continue to receive services in that setting on enrollment in the REM program when the provider is willing to participate as a Medical Assistance fee-for-service provider.</text>
  </paragraph>
  <paragraph num="H.">
    <text>An individual eligible for REM who has elected to enroll in an MCO or to remain enrolled in an MCO may not receive REM services under the REM program.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The Department shall disenroll from the REM program a participant who no longer meets the conditions specified in Regulation .03 of this chapter unless:</text>
    <paragraph num="(1)">
      <text>The participant does not meet the condition under Regulation .03A(1) of this chapter because the participant becomes eligible for Medicare; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>At the time the participant became eligible for Medicare the participant was approved for and was receiving private duty nursing, CNA, CNA-CMT, HHA, or HHA-CMT services under the REM program.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>An individual disenrolled from REM by the Department who maintains HealthChoice eligibility is subject to the MCO enrollment provisions specified in COMAR 10.67.02 except when the individual was allowed to remain in REM in accordance with §I of this regulation.</text>
  </paragraph>
  <paragraph num="K.">
    <text>Department-Initiated Disenrollment. The Department shall disenroll from REM an enrollee:</text>
    <paragraph num="(1)">
      <text>Who has been continuously institutionalized for a period of more than 90 successive days in a long-term care facility, subject to the long-term care facility obtaining the Department’s determination that the enrollee’s institutionalization has been medically necessary;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Who has been, or is expected to be, continuously institutionalized for more than 30 successive days in an institution for mental disease (IMD);</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Upon admission to an intermediate care facility for individuals with intellectual disabilities or persons with related conditions (ICF/IID);</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Who loses Medicaid eligibility or who changes to an assistance category not eligible for MCO enrollment, subject to COMAR 10.67.02;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Who has died; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Who is an inmate of a public institution, including a State-operated institution or facility.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>Effective Date of Disenrollment. An enrollee’s disenrollment shall take effect:</text>
    <paragraph num="(1)">
      <text>Immediately when the enrollee dies;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>From the first day of the month following the month in which the enrollee lost Medicaid eligibility;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>On the first day of the month following the month in which the Department receives the required notification, when the enrollee permanently relocates outside of the State; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>From the first day of the month following the month in which the Department verifies an enrollee is an inmate.</text>
    </paragraph>
  </paragraph>
</regulation>