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<regulation prefix="Regulation" num=".12" citation="COMAR 10.09.69.12" title_num="10" subtitle_num="09" chapter_num="69" heading="Limitations.">
  <paragraph num="A.">
    <text>The Department shall pay for services specified in this chapter delivered to a REM participant only if the services have been ordered by the participant's physician or nurse practitioner, and preauthorized, when necessary, by the Department or its designee.</text>
  </paragraph>
  <paragraph num="B.">
    <text>For REM participants, the Department may not pay for the following comparable case management services:</text>
    <paragraph num="(1)">
      <text>HIV targeted case management as described in COMAR 10.09.32, except for HIV Diagnostic Evaluation Services as described in COMAR 10.09.32.03C and .04A; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Model Waiver case management as described in COMAR 10.09.27.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The REM program does not cover the following:</text>
    <paragraph num="(1)">
      <text>Shift private duty nursing, CNA or CNA-CMT, or HHA or HHA-CMT services rendered by a nurse, CNA, HHA, CNA-CMT, or HHA-CMT who is a member of the participant's immediate family or who ordinarily resides with the participant;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Services which are not medically necessary;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Services not supervised by an RN when delivered by the following:</text>
      <paragraph num="(a)">
        <text>An RN or an LPN;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A CNA;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An HHA;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A CNA-CMT; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>An HHA-CMT.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>REM optional services not preauthorized as required by the Department or its designee;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>REM optional services not prescribed by the participant's physician, physician assistant, or nurse practitioner;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Services specified in this chapter which duplicate or supplant services rendered by the participant's family caregivers or primary caregivers as well as other insurance, privilege, entitlement, or Program services that the participant receives or is eligible to receive;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Services provided for the convenience or preference of the participant or the primary caregiver rather than required by the participant's medical condition;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Speech, language, or occupational therapy services rendered in a classroom setting;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Shift private duty nursing, CNA, CNA-CMT, HHA, or HHA-CMT services ordered by a physician assistant;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Custodial services;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Services provided to a participant in a:</text>
      <paragraph num="(a)">
        <text>Hospital;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Residential treatment center;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Intermediate care facility for individuals with intellectual disabilities; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Residence or facility where nursing services are included in the living arrangement by regulation or statute, or otherwise provided for payment;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>Services not directly related to the participant’s plan of care;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Services described in the plan of care whenever a major change occurs in the participant's medical condition or skilled nursing care needs that indicates such services are no longer necessary;</text>
    </paragraph>
    <paragraph num="(14)">
      <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="(15)">
      <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 nursing services are rendered;</text>
    </paragraph>
    <paragraph num="(16)">
      <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="(17)">
      <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="(18)">
      <text>Services rendered to a participant by a nurse, CNA, or HHA in the assigned staff’s home;</text>
    </paragraph>
    <paragraph num="(19)">
      <text>Services not documented; and</text>
    </paragraph>
    <paragraph num="(20)">
      <text>Respite services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <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="E.">
    <text>The Program shall only cover nursing services ordered by an individual who is enrolled as a provider in the Program with an active status on the date of service.</text>
  </paragraph>
</regulation>