<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".17" citation="COMAR 13A.11.01.17" title_num="13A" subtitle_num="11" chapter_num="01" heading="Payment for Goods.">
  <paragraph num="A.">
    <text>Payment Procedures.</text>
    <paragraph num="(1)">
      <text>Preauthorization.</text>
      <paragraph num="(a)">
        <text>Payment may be made only for goods that have been preauthorized and approved by the Division through a signed purchase order or by use of the Division's purchasing card.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A provider shall be licensed or certified consistent with Regulation .16A(2) of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>For purchases initiated by purchase order, the provider shall submit the invoice for goods delivered according to procedures established by the Division.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Division may return to the provider, before payment, all invoices not properly signed, completed, and accompanied by required reports.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A provider may not charge or accept payment from the applicant or eligible individual, the individual's family, or a third party for the authorized goods unless, before providing the goods, the amount of the individual's responsibility has been:</text>
      <paragraph num="(a)">
        <text>Preauthorized by the Division; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Agreed to by the individual in writing.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Rate of Payment. The Division shall pay for authorized goods at a rate equal to the lower of the:</text>
    <paragraph num="(1)">
      <text>Provider's customary charge;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Rate established by the Department of General Services Purchasing Bureau;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Rate established as the result of competitive bidding conducted by the Division in accordance with COMAR Title 21; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Maximum rate established in the “Division of Rehabilitation Services Fee Schedule”, which is incorporated by reference in Regulation .03-1 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Purchase Limitations.</text>
    <paragraph num="(1)">
      <text>Prescription goods may be purchased only after receipt of a current, valid prescription.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Generic drugs shall be purchased unless the physician indicates that a particular brand is medically necessary.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Division may not pay for vehicles which require a license to operate, land, buildings, or the construction of or addition to a building.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The purchase of goods and services for a self-employment enterprise will be made only after:</text>
      <paragraph num="(a)">
        <text>The eligible individual has submitted a business plan which:</text>
        <paragraph num="(i)">
          <text>Identifies a business enterprise which meets standards established by the Division for types of businesses which can be supported;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Meets generally accepted business standards;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Identifies multiple funding sources as the Division may not be the primary funder of a business;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Has been reviewed by an advisory entity established by the Division; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Has been approved by the Division; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Any required goods and services are:</text>
        <paragraph num="(i)">
          <text>Included on the individualized plan for employment; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Approved by the Division.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The Division may establish other reasonable purchase limitations in order to manage agency resources and maximize the number of employment outcomes.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Ownership of Goods.</text>
    <paragraph num="(1)">
      <text>The State shall retain legal title to tools, equipment, shelters, and supplies purchased as part of an eligible individual's rehabilitation program, except as provided in §D(3) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An eligible individual shall return goods purchased by the Division when they are no longer needed for the individual's rehabilitation program, employment, or independent living.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Title may be assigned to the eligible individual for the following:</text>
      <paragraph num="(a)">
        <text>Medical appliances not transferable to or useable by another person;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Goods provided as part of an approved business plan to be used as collateral to leverage funds for the business; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Other exceptional circumstances with approval of the Director or designee.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>