Chapter 19. Special Programs
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Day services” means services provided by a licensed provider under COMAR 10.22.07.03E.
(2)
“Enclave” means a group of eight or fewer individuals with developmental disabilities that works as a single team in a single community work site.
(3)
“Fiscal Incentive Program for Employment (FIPE)” means the program that provides a one-time fiscal incentive to eligible programs to assist individuals with developmental disabilities in securing and maintaining a job of the individual's choice in the community.
(4)
“Mobile crew” means a group of eight or fewer individuals with developmental disabilities that operates as a single team moving from one work site to another, performing contracted tasks such as custodial and ground maintenance.
(5)
“Self-employed” means an individual who owns and operates a business that generates revenue.
(6)
“Sheltered environment” means a setting that is segregated to include only individuals with disabilities who perform work or simulated work training activities for subminimum wages.
(7)
“Supported employment” has the meaning stated in COMAR 10.22.07.03C.
Regulation .02 Fiscal Incentive Program for Employment.LinkCopy Citation
A.
Provider Eligibility. A provider is eligible to be included in the FIPE if the provider:
(1)
Is licensed as a vocational or day services program under COMAR 10.22.07; and
(2)
Provides services to an eligible individual.
B.
Individual Eligibility. An individual is eligible to be included in the FIPE if the individual:
(1)
Has a developmental disability;
(2)
Has not received a day service funded by the Administration before July 1, 2003;
(3)
Is employed in the same job for 6 months which commenced on or after July 1, 2003, or if the individual was employed before entering DDA supported employment services, the 6 months of employment at the same job begins on the day in which the individual begins services, which is on or after July 1, 2003;
(4)
Is receiving ongoing supports and services that are individually determined in order to attain and maintain a job of the individual's choice; and
(5)
Has not been previously included in the FIPE.
C.
Employment Eligibility. A job is an eligible job under the FIPE if:
(1)
The job is:
(a)
Located in the community;
(b)
Individualized;
(c)
Not an enclave, mobile crew, or in a segregated environment; and
(d)
Based on the individual's interests; and
(2)
The individual:
(a)
Is paid a competitive salary and, if available, offered benefits directly by the employer;
(b)
Does not receive salary and, if available, benefits from the provider or any organization affiliated with the licensee;
(c)
Deals directly with the employer regarding working conditions such as work schedule;
(d)
Has the opportunity for increased responsibility, career advancement, and increased wages based on performance; and
(e)
If self-employed, the business generates revenue.
D.
Reimbursement.
(1)
If the provider wishes to seek reimbursement through the FIPE, the provider shall:
(a)
Complete the application form provided by the Administration;
(b)
Provide:
(i)
Pay stubs for the last 6 months showing that an individual was employed in the community, as requested by the Administration; or
(ii)
If the individual is self-employed, cash flow or other financial statements for the last 6 months;
(c)
Provide evidence that ongoing supports and services that are individually determined in order to maintain the job of the individual's choice have been provided;
(d)
Provide a written statement from the individual or the individual's proponent indicating that the individual is satisfied with the current job and working conditions, including pay, work schedule, and benefits; and
(e)
Provide any other information required by the Administration.
E.
Administration Approval. In deciding whether to authorize an individual for inclusion in the FIPE, the Administration shall consider the:
(1)
Application and supporting documentation; and
(2)
Availability of State funds.
F.
Payment.
(1)
For each preauthorized and eligible individual, the Administration may approve a payment to the provider in the amount of 10 percent of the individual's annual funding, excluding add-on components and supplemental services, for the year the individual entered the FIPE.
(2)
The Administration shall approve only one payment for each preauthorized and eligible individual.
(3)
The provider shall submit an invoice to the Administration to receive payment.
Chapter annotations
Authority: Health-General Article, §§2-104(b), 7-306.1, and 7-904, Annotated Code of Maryland
History: Effective date: December 22, 2003 (30:25 Md. R. 1846)