# COMAR Title 10 — Maryland Department of Health

## Subtitle 09 — Medical Care Programs

### Chapter 81 — Increased Community Services (ICS) Program

#### Regulation .30 Covered Services — Attendant Care Services.

*COMAR 10.09.81.30*

A. Definition. “Unit of service” means an hour of service that is in the plan of service and rendered to a participant by a qualified provider in the participant's home or in a community setting.

B. Except as provided in §C of this regulation, the ICS Program covers the following attendant care services:

  (1) Assistance with activities of daily living;

  (2) Delegated nursing functions, such as assistance with the participant's administration of medications or other remedies, when ordered by a physician, if this assistance is:

    (a) Specified in the participant's plan of service; and

    (b) Rendered in accordance with the Maryland Nurse Practice Act, COMAR 10.27.11, and other requirements of the Maryland Board of Nursing;

  (3) Assistance with protecting a participant from harm or neglect;

  (4) Assistance with instrumental activities of daily living, provided as incidental to the services covered under §B(1) — (3) of this regulation; and

  (5) Accompanying the participant outside of the home during the participant's community activities.

C. Attendant care services may not include:

  (1) Services rendered to anyone other than the participant or primarily for the benefit of anyone other than the participant;

  (2) The cost of food or meals;

  (3) Housekeeping services, other than those incidental services covered under §B(4) of this regulation;

  (4) Expenses related to room and board for either the participant or the attendant;

  (5) Expenses incurred while escorting a participant to obtain medical diagnosis or treatment; or

  (6) Skilled medical services performed by individuals with a professional medical license or certification.