# COMAR Title 10 — Maryland Department of Health

## Subtitle 22 — Developmental Disabilities

### Chapter 11 — Respite Services in the State Residential Center (SRC)

**Authority:** Health-General Article, §7-509, Annotated Code of Maryland

**Administrative History:** Effective date: June 17, 1985 (12:12 Md. R. 1164)

**Administrative History:** Regulations .01 — .10, Developmental Services, repealed effective March 23, 1987 (14:6 Md. R. 716)

**Administrative History:** Regulations .01 — .19, Community Supported Living Arrangements (CSLA) Program, adopted as an emergency provision effective October 8, 1991 (18:22 Md. R. 2392); adopted permanently effective March 10, 1992 (19:3 Md. R. 304)

**Administrative History:** Regulation .02B amended as an emergency provision effective June 14, 1996 (23:14 Md. R. 1006); amended permanently effective December 2, 1996 (23:24 Md. R. 1681)

**Administrative History:** Chapter, Community Supported Living Arrangements (CSLA) Program, repealed and new chapter, Respite Services in the State Residential Center (SRC), adopted effective July 26, 1999 (26:15 Md. R. 1148)

**Administrative History:** Regulation .04B amended effective November 25, 2013 (40:23 Md. R. 1934)

**Administrative History:** Regulation .06B amended effective November 25, 2013 (40:23 Md. R. 1934)

#### Regulation .01 Additional Regulatory Compliance.

*COMAR 10.22.11.01*

In addition to this chapter, an SRC providing respite services shall comply with the following regulations of this subtitle:

A. COMAR 10.22.01;

B. COMAR 10.22.04;

C. COMAR 10.22.05; and

D. COMAR 10.22.10.

#### Regulation .02 Purpose.

*COMAR 10.22.11.02*

This chapter addresses the provision of respite services in the SRC for individuals currently living in the community.

#### Regulation .03 Provision of Services.

*COMAR 10.22.11.03*

Before respite services are utilized in the SRC, all efforts are made by the Administration to provide individuals living in the community with respite services in the community. Only when there are no other appropriate alternatives available are respite services provided in the SRC.

#### Regulation .04 Eligibility.

*COMAR 10.22.11.04*

To be eligible to receive respite care in the SRC, the individual:

A. Shall be eligible to receive services funded by the Administration;

B. Shall have an appropriate evaluation with the diagnosis of an intellectual disability;

C. Shall have needs that are able to be met effectively while at the SRC; and

D. May not be in receipt of full residential services in a community program, except with the approval of the Director.

#### Regulation .05 Length of Stay.

*COMAR 10.22.11.05*

Respite services in the SRC may only be provided to an individual for not more than:

A. 45 days per calendar year; or

B. 28 consecutive days.

#### Regulation .06 Procedures for Respite Requests.

*COMAR 10.22.11.06*

A. The individual's proponent or licensee shall direct requests for respite services to the appropriate regional office.

B. The regional office shall arrange for the following:

  (1) The completion of a formal application;

  (2) The collection of information to substantiate a diagnosis of an intellectual disability; and

  (3) A meeting with the individual, proponent, or the licensee to discuss the terms and conditions of respite services.

C. The proponent or licensee shall complete all forms required for respite services.

D. The regional office shall render a written decision to the proponent or licensee within a week of the receipt of the completed application.

E. On entering, the SRC shall arrange for a medical examination or nursing assessment as is appropriate to the individual.

F. The SRC shall enter into a contract with the proponent or licensee which at a minimum contains:

  (1) A statement that the acceptance of an individual for respite services is not considered an admission as defined in Health-General Article, §7-101(c), Annotated Code of Maryland;

  (2) A mutually agreed upon date on which the SRC may not provide respite services; and

  (3) A designated time for the licensee or proponent to return the individual to the individual's community residence.

#### Regulation .07 Procedures for Leaving Respite Services.

*COMAR 10.22.11.07*

A. The SRC shall arrange for a medical examination or nursing assessment as is appropriate to the individual at the time the individual leaves respite services and shall document the findings.

B. The SRC shall document information about the individual's response to respite services.

C. The proponent or licensee shall return the individual to the individual's community residence at the time agreed to on the admission document.

#### Regulation .08 Daily Programs.

*COMAR 10.22.11.08*

A. The SRC shall provide appropriate daily activities during the time the individual is in respite services.

B. The SRC shall make every attempt to maintain the individual in the individual's vocational or day activity during the period of respite services and document the reasons if the individual is unable to attend.

#### Regulation .09 Individual Records.

*COMAR 10.22.11.09*

The SRC shall maintain a complete record for each individual receiving respite services.

#### Regulation .10 Funding.

*COMAR 10.22.11.10*

The Department's Division of Reimbursement shall determine the cost of respite services in the SRC pursuant to Health-General Article, §16-201, Annotated Code of Maryland.