# COMAR Title 10 — Maryland Department of Health

## Subtitle 22 — Developmental Disabilities

### Chapter 08 — Community Residential Services Program Service Plan

**Authority:** Health-General Article, §§7-714, 7-903, and 7-904, Annotated Code of Maryland

**Administrative History:** Effective date: July 26, 1999 (26:15 Md. R. 1148)

#### Regulation .01 Additional Regulatory Compliance.

*COMAR 10.22.08.01*

In addition to this chapter, a person who provides residential services to an individual shall comply with the following regulations of this subtitle:

A. COMAR 10.22.01;

B. COMAR 10.22.02;

C. COMAR 10.22.03;

D. COMAR 10.22.04;

E. COMAR 10.22.05; and

F. COMAR 10.22.10, when applicable.

#### Regulation .02 Rationale.

*COMAR 10.22.08.02*

A. Living in the community involves both a wide range of skills and choices about life style.

B. Community residential models accommodate the wide range of choices individuals and their families make about how to live in the community.

C. Community residential models are designed to give preference to small and individualized settings.

D. Individuals with developmental disabilities have the same range of options about where to live in the community as are available to all people.

E. The Administration respects personal choice regarding decisions about where and with whom individuals with developmental disabilities may live.

#### Regulation .03 Scope.

*COMAR 10.22.08.03*

A. Current community residential service models include:

  (1) Alternative living units (ALU);

  (2) Group homes;

  (3) Individual family care homes (IFC); and

  (4) Community supported living arrangements (CSLA).

B. A licensee shall make every effort to provide services to an individual according to the individual's choices as identified in the IP.

C. The range of community residential service options available to an individual may be limited by resources or lack of available sites.

D. For transportation services other than those outlined in COMAR 10.22.07.03G, a licensee shall provide or arrange for the provision of the use of transportation services.

E. Respite Services.

  (1) A site may be licensed to accommodate additional individuals for respite services.

  (2) Respite services for an individual:

    (a) May not exceed 45 days within any 1-year period;

    (b) May not be provided for more than 28 consecutive days;

    (c) May not be provided unless the licensee is provided with current health, emergency, and any other information that is essential to the licensee's ability to provide appropriate care for the individual; and

    (d) May be provided for IFC care providers only to the extent permitted by the IFC care provider contract.

F. A licensee providing respite services shall:

  (1) Ensure that the health and safety needs of the individual are met; and

  (2) Comply with COMAR 10.22.04 and 10.22.05 if the individual has an IP, and 10.22.10 if the individual has a behavior plan.

#### Regulation .04 Staffing and Training.

*COMAR 10.22.08.04*

A. A licensee shall provide staffing levels and patterns as determined in the IP.

B. A licensee shall provide or arrange for the provision of training in accordance with COMAR 10.22.02.11.

#### Regulation .05 Setting and Location.

*COMAR 10.22.08.05*

A. An individual may receive services under this chapter in the individual's own home, in the family's home, in a current residential service model, or in any other service model approved by the Director in accordance with COMAR 10.22.02.09F.

B. A licensee providing services under this chapter shall make every effort to provide services that are integrated in neighborhoods and communities.