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<regulation prefix="Regulation" num=".20" citation="COMAR 10.09.81.20" title_num="10" subtitle_num="09" chapter_num="81" heading="Specific Conditions for Participation — Assisted Living.">
  <paragraph num="A.">
    <text>To participate in the ICS Program as an assisted living services provider, a provider shall:</text>
    <paragraph num="(1)">
      <text>Be licensed by the Department at the time that services are rendered, in accordance with COMAR 10.07.14, to provide assisted living services:</text>
      <paragraph num="(a)">
        <text>At the Level 2 moderate level of care or Level 3 high level of care; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For the level of care needed by each participant residing in the facility, including any needed resident-specific waiver in accordance with COMAR 10.07.14.09;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Meet the requirements of COMAR 10.07.14 for Assisted Living Programs;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Be or employ a manager who is literate, able to communicate in English, and qualified as:</text>
      <paragraph num="(a)">
        <text>A licensed physician;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A licensed registered nurse;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A licensed practical nurse; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>An individual with at least 3 years’ experience in direct patient care in a private home, certified home, or health-related facility;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Employ an alternate assisted living manager who meets the requirements as specified in §A(3) of this regulation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Have at least one staff person per eight residents on duty at all times during daytime hours, and a staff-to-resident ratio at night sufficient to provide the required services and maintain the facility in a safe and orderly condition, and such additional staffing as required by the Department or the Maryland Department of Aging depending on residents' functional levels;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Participate in training on the ICS Program billing process and other ICS Program requirements, as specified by the Department and the Maryland Department of Aging;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Have appropriate insurance coverage for the provider and its employees and vehicles if the provider transports participants to medical, social, recreational, and other services;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Cooperate with other service providers and quality assurance monitors by:</text>
      <paragraph num="(a)">
        <text>Facilitating on-site visits of authorized quality assurance monitors to review compliance with ICS and regulatory requirements;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Facilitating a case manager's on-site visits to the facility, which shall occur at least quarterly, to review the facility, regulatory compliance, service provision, and participants' status and needs;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Communicating with a participant's case manager concerning the participant's status, needs, and service provision;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Informing the case manager within 1 working day of any significant change in the participant's status and service needs;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Facilitating, as necessary and appropriate, the delivery of authorized ICS and State Plan services in the plan of service; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Facilitating the ICS participant's relocation to comparable housing, if necessary, including transfer of all personal belongings and financial arrangements; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>Submit claims consistent with the provisions of Regulation .40 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Bed Reservations. If bed reservations are offered to participants who are absent from an assisted living facility, the bed reservations policy shall:</text>
    <paragraph num="(1)">
      <text>Be provided to all residents and, where appropriate, the resident's representative, at admission;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Be fairly and consistently applied to all residents;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Specify that the bed reservation service is not a Medicaid covered service;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Clearly state that it is the resident's decision whether to reserve the bed; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Specify that the participant's payments for bed reservation days may not exceed the full Medicaid per diem rate for Level II or Level III assisted living services, as applicable.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Designated Units. An assisted living provider may limit Medicaid participation to designated units only if approved by the Maryland Department of Aging and the facility resident agreement contains the following provision: The facility's participation in the Maryland Medical Assistance Program is limited to one or more designated units and, in order to access Medicaid benefits, the resident shall reside in a designated unit.</text>
  </paragraph>
</regulation>