Regulation .06 Specific Conditions for Provider Participation — Personal Assistance.
Regulation .06 Specific Conditions for Provider Participation — Personal Assistance.LinkCopy Citation
A.
Personal assistance service providers shall:
(1)
Be licensed as a Residential Service Agency under COMAR 10.07.05 to provide Level Two or Level Three home care services;
(2)
Employ a registered nurse who shall:
(a)
Assess each new participant who requires personal assistance services;
(b)
Participate in developing the worker instructions and in assigning appropriate personnel;
(c)
Delegate nursing tasks, as appropriate, to a CNA or a CMT in accordance with COMAR 10.27.11; and
(d)
Participate in instructing the workers who will provide the assistance, when indicated;
(3)
Employ workers who will accept instruction on the personal assistance services required in the participant’s plan of service from the following:
(a)
The participant or, when applicable, the participant’s representative;
(b)
The nurse monitor;
(c)
A treating physician or nurse practitioner; or
(d)
An individual from the Department;
(4)
Allow participants to have a significant role in the delivery of their specific care including:
(a)
Directing the services and supports identified in their plan of service; and
(b)
Exercising as much control as desired to select, train, schedule, determine duties, and dismiss the personal assistance worker in their home;
(5)
Notify the Department in writing at least 45 days in advance of any:
(a)
Voluntary closure;
(b)
Change of ownership;
(c)
Change of location;
(d)
Sale of the business;
(e)
Change in the name under which the provider is doing business; or
(f)
Change in provider tax identification number;
(6)
Include in the notice to the Department the method for informing participants and representatives of its intent to close, change ownership, change location, or sell its business;
(7)
Include in the notice to the Department, and inform participants and representatives, of the transition plan developed by the agency to ensure continuity of services to participants;
(8)
If applicable, apply for a new license whenever ownership is to be transferred from the person or organization named on the license to another person or organization in time to assure continuity of services;
(9)
Submit a Medicaid provider application to the Department if the new owner chooses to participate in the Program;
(10)
At least monthly, collect and maintain the participant’s signature, or that of the participant’s representative when applicable, verifying services rendered; and
(11)
Conduct a criminal history records check on all direct service workers including nurses, in accordance with the procedure for a State criminal history records check established under Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland.
B.
A worker who performs delegated nursing services in accordance with COMAR 10.27.11 shall:
(1)
If required to administer medications in accordance with the plan of service, be a certified medications technician; and
(2)
If performing other delegated nursing functions, also be a certified nursing assistant.
C.
A personal assistance provider agency may not assign the participant’s representative to provide services to that participant.