<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 10.67.04.06" title_num="10" subtitle_num="67" chapter_num="04" heading="Special Needs Populations — Individuals with a Physical Disability.">
  <paragraph num="A.">
    <text>An MCO shall meet the standards set forth in this regulation for treating an individual with a physical disability.</text>
  </paragraph>
  <paragraph num="B.">
    <text>An MCO shall demonstrate that its providers for durable medical equipment and assistive technology provide the appropriate services and are clinically qualified to provide these services to the individual with a physical disability.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Before placement of an individual with a physical disability into an intermediate or long-term care facility, an MCO shall:</text>
    <paragraph num="(1)">
      <text>Recommend that an individual with a physical disability be transferred to an intermediate or long-term care facility only after assessing the needs of the individual and the ability of the MCO to meet these needs in the community as supplemented by other Medicaid services;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Conduct a second opinion review of the case, performed by the MCO's medical director, before a transfer to an intermediate care facility or a long-term care facility is implemented; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the MCO's medical director determines that the transfer to an intermediate or long- term care facility is medically necessary and that the expected stay will be greater than 30 days, obtain approval from the Department before making the transfer.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An MCO shall utilize individuals with expertise in disabilities to review its marketing and informational forms and publications, which shall be provided in alternative formats with reasonable accommodation to people with a physical disability.</text>
  </paragraph>
  <paragraph num="E.">
    <text>An MCO shall provide education for the MCO's member services staff, triage staff, and case managers on special communications requirements for individuals with physical disabilities.</text>
  </paragraph>
</regulation>