# COMAR Title 10 — Maryland Department of Health

## Subtitle 22 — Developmental Disabilities

### Chapter 12 — Eligibility for and Access to Community Services for Individuals with Developmental Disability

#### Regulation .10 Confirmation of Eligibility for Service Provision.

*COMAR 10.22.12.10*

A. Confirmation of eligibility, which is established before selection of the individual to receive services, is based on an evaluation in accordance with Health-General Article, §7-404, Annotated Code of Maryland. The exception shall be an emergency situation when a crisis needs to be immediately resolved as specified in Regulation .11B.

B. The regional director shall be responsible for assuring that the evaluation required by Health-General Article, §7-404, Annotated Code of Maryland, has been completed before final determination of eligibility. The individual's evaluation shall confirm the following:

  (1) That the individual has a developmental disability as indicated by the preliminary determination;

  (2) The nature of the disability;

  (3) The nature of the services that the individual may require;

  (4) The type of environment in which any needed services could be provided with the least restriction on the liberty of the individual; and

  (5) The extent and timing of the services to be provided to the individual.

C. If the regional director concludes that the evidence supports eligibility for service provision, a recommendation may be made to the Director that funding for services for the individual be approved.