# COMAR Title 10 — Maryland Department of Health

## Subtitle 09 — Medical Care Programs

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

#### Regulation .33 Covered Services — Dietitian and Nutritionist Services.

*COMAR 10.09.81.33*

A. Definition. “Unit of service” means an hour of service rendered one-on-one by a qualified provider for a participant in the participant's home or the provider's office.

B. Dietitian and nutritionist services shall include:

  (1) The provision of a nutrition care plan as part of the ICS Program multidisciplinary team process;

  (2) Nutrition care planning, nutrition assessment, and dietetic instruction; and

  (3) Services within the scope of practice of the nutritionist's or dietitian's license, as defined by:

    (a) Health Occupations Article, Title 5, Annotated Code of Maryland; and

    (b) Regulations under COMAR 10.56 for the Board of Dietetic Practice.

C. Dietitian and nutritionist services may not include services rendered on a group basis or in a classroom setting.

D. The services shall be:

  (1) Covered if the participant's medical condition requires the judgment, knowledge, and skills of a licensed nutritionist or licensed dietitian;

  (2) Targeted to the individualized needs of the participant, rather than being of general interest;

  (3) Sensitive to the educational background, culture, religion, eating habits, preferences, and general environment of the participant; and

  (4) Specified in the participant's plan of service as necessary to:

    (a) Ensure the participant's health and safety; and

    (b) Prevent the participant's institutionalization or hospitalization.