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<regulation prefix="Regulation" num=".04" citation="COMAR 10.67.04.04" title_num="10" subtitle_num="67" chapter_num="04" heading="Special Needs Populations.">
  <paragraph num="A.">
    <text>An MCO shall provide health care services to enrollees who are members of special needs populations.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Special needs populations consist of the following non-mutually exclusive populations:</text>
    <paragraph num="(1)">
      <text>Children with special health care needs;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Individuals with a physical disability;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Individuals with a developmental disability;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Pregnant and postpartum women;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Individuals who are homeless;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Individuals with HIV/AIDS; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Children in State-supervised care.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>General Requirements for Special Needs Populations.</text>
    <paragraph num="(1)">
      <text>An MCO shall demonstrate that its pediatric and adult primary care providers (PCPs) and specialists are clinically qualified based upon generally accepted community standards to provide or arrange for the provision of appropriate health care services to individuals who are members of a special needs population. The MCO shall submit to the Department referral protocols that demonstrate the conditions under which PCPs will make the arrangements for referrals to specialty care networks.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Clinical qualifications are to be determined through the MCO's credentialing and recredentialing processes, including a review of the provider's medical education, special training, and work history and experience.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Specialty and subspecialty providers shall:</text>
      <paragraph num="(a)">
        <text>Have experience in treating individuals within a special needs population;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Have experience in interdisciplinary medical management; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Understand the relationship between somatic and behavioral health care issues and interventions.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The MCO shall demonstrate the use of a primary care system of care delivery which includes a comprehensive plan of care for an enrollee who is a member of a special needs population and which uses a coordinated and continuous case management approach, involving the enrollee and, as appropriate, the enrollee's family, guardian, or caregiver, in all aspects of care, including primary, acute, tertiary, and home care.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>To meet the commitment outlined in §C(4) of this regulation, an MCO shall:</text>
      <paragraph num="(a)">
        <text>Provide case management services to adult and pediatric enrollees as appropriate;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Have the capacity to perform home visits as part of the ongoing case management program and have the ability to respond to urgent care needs while in the enrollee's home;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Ensure that, if warranted, a case manager is assigned to an enrollee at the time of the initial health screen by the MCO;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Ensure that the PCP, who may also be the specialist, shall be the admitting or referring provider for all hospital admissions;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Ensure that it will:</text>
        <paragraph num="(i)">
          <text>Collaborate with inpatient facilities in facilitating preadmission and discharge planning, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Communicate all post-discharge home and community arrangements to the enrollee, the PCP, and, as appropriate, the enrollee's family, guardian, and caregiver;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>Document the plan of care and treatment modalities provided to enrollees in special populations, assuring that the plan of care:</text>
        <paragraph num="(i)">
          <text>Is updated at least annually, when the enrollee’s circumstances or needs change significantly, or at the enrollee’s request; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Involves the enrollee and, as appropriate, the enrollee's family, guardian, and caregiver in care decisions; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(g)">
        <text>Be familiar with community and social support providers for the special populations.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>An MCO shall make documented outreach efforts to contact and educate enrollees who fail to appear for appointments or who have been noncompliant with a regimen of care. These efforts may include, but may not be limited to, notification:</text>
      <paragraph num="(a)">
        <text>By mail;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>By telephone;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>By email;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>By text messaging; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Through face-to-face contact.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Referral to Local Health Department.</text>
      <paragraph num="(a)">
        <text>An MCO shall make a written referral, or ensure that the enrollee's provider makes a written referral, to the local health department (LHD) for the county in which an enrollee resides, for assistance in bringing into care an enrollee for whom the MCO has been unsuccessful in its documented out-reach efforts pursuant to §C(6) of this regulation, within 10 business days of whichever first occurs:</text>
        <paragraph num="(i)">
          <text>The third consecutive missed appointment; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The MCO or the enrollee's provider identifies the enrollee's repeated noncompliance with a regimen of care.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The MCO may not include information about an enrollee's HIV status on the form used to refer an enrollee to the local health department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>An MCO shall subject its decision to deny a service authorization request or to authorize a service in an amount, duration, or scope that is less than requested, for an enrollee who is a member of special needs population to utilization review that includes review by a health care professional who has appropriate clinical expertise in treating the enrollee's condition or disease.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>An MCO shall identify a special needs coordinator, who shall:</text>
      <paragraph num="(a)">
        <text>Serve as a point of contact for health care services information and referral for members of special needs populations;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be skilled in communications with, and sensitive to the unique needs of, members of special needs populations, their families, guardians, and caregivers;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Participate on the MCO's consumer advisory board, pursuant to Regulation .12 of this chapter, as a representative of special needs populations;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Serve as a resource to MCO providers and enrollees on the requirements of P.L. 101-330, Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Maintain a log of each denial of treatment and the outcome of the utilization review conducted pursuant to §C(8) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>An MCO shall have mechanisms in place to allow enrollees with special health care needs to access a specialist directly as appropriate for the enrollee’s condition and identified needs.</text>
    </paragraph>
  </paragraph>
</regulation>