Sec. 07.02.19.02. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administration" means the Social Services Administration of the Department of Human Services.

(2) "Adult Foster Family Model of Care" means a program of care where:

(a) An adult with a disability is cared for as a member of the care provider's family;

(b) Care is provided in the provider's home; and

(c) The provider functions as the resident's family as specified in Regulation .10 of this chapter.

(3) "Adult Protective Services (APS)" means the program under COMAR 07.06.14 which protects vulnerable adults who are subject to abuse, neglect, exploitation, or self-neglect.

(4) “Behavioral health impairment” means a substance abuse, mental health or addictive disorder or a combination of these disorders.

(5) CARE Home.

(a) "CARE home" means a certified adult residential environment home that provides a resident with a supportive housing arrangement, help in accessing community resources, and protective oversight.

(b) "CARE home" includes a:

(i) Private home which is the provider's residence, 24 hours a day, 7 days a week and serves a maximum of four residents;

(ii) Supervised home which is not the provider's residence but may have live-in staff and serves not more than four residents, if certified prior to January 1, 2007; or

(iii) Group home which may be the provider's residence, may have live-in staff, and serves five to eight residents, if certified prior to January 1, 2007.

(6) "Case manager" means a local department of social services social worker or family services caseworker who provides a range of services that includes:

(a) Assessing the resident's needs;

(b) Defining goals with the resident;

(c) Planning for and linking the resident to needed services and resources;

(d) Monitoring the delivery of services; and

(e) Advocating for the development and delivery of service to the resident.

(7) "Individual with a disability" means an individual who is 18 years old or older and has a physical, medical, or behavioral health impairment which:

(a) Prevents the individual from carrying out the necessary tasks of independent living; and

(b) Is not so severe or complex as to require specialized professional intervention from the CARE provider.

(8) "Institutionalized individual" means an inpatient at a psychiatric hospital, rehabilitation hospital, nursing home, or similar setting.

(9) “Licensed Health Care Provider” has the same meaning as Health Occupations Article, §4-301, Annotated Code of Maryland.

(10) "Linking" means the process of referring a resident to a specific service as part of a plan to meet the resident's needs and ensuring service delivery.

(11) "Local department" means the department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services.

(12) "Protective oversight" means a service of the CARE provider which includes the following:

(a) Daily awareness of the resident's functioning and whereabouts;

(b) Requests to appropriate professionals for help in responding to an emergency situation;

(c) Supervision of teaching and assisting with activities of daily living for a resident;

(d) Provision of supportive services to a resident as defined in the resident's Individualized Service Plan Agreement; and

(e) Encouragement of a resident toward independence and appropriate activity to facilitate the resident's ability to plan and make decisions.

(13) Provider.

(a) "Provider" means the individual whom a local department certifies for operation of a CARE home. A Provider is not considered an employee of the local department.

(b) A provider may not accept payment for care of a resident other than that allowed in COMAR 07.03.07 as a reimbursement for the cost of care or any supplement established by federal, State, or local government.

(c) A provider functions as a caregiver in an adult foster family model of care.

(d) "Provider" does not mean the provider of:

(i) Psychiatric treatment; or

(ii) Specialized professional intervention.

(14) "Public Assistance to Adults (PAA)" means the funding to help cover the cost of the CARE placement for eligible individuals as specified under COMAR 07.03.07.

(15) "Relative" means a spouse, parent, son, daughter, grandparent, grandchild, stepparent, stepchild, brother, or sister, domestic partner or anyone who is related to an individual by blood, adoption, or marriage.

(16) "Resident" means an individual who:

(a) Resides in a CARE home;

(b) Requires the services of a CARE home; and

(c) Is not a relative of the provider.

(17) "Resident of Maryland" means an individual who at the time of application is physically present in the State, and has no immediate plans to leave Maryland for residence in another state.

(18) "Individualized service plan agreement" means a written plan which describes:

(a) A resident's service goals; and

(b) The provider's services for the resident and method of providing the services.

(19) "Service slot" means the resources, including funding and case management capacity, necessary to provide residential services for an individual with disabilities in a CARE home.

(20) "Service team" means the case manager, provider, resident, and representatives of other agencies and disciplines who have a role in providing services to the resident.

(21) "Specialized professional intervention" means health, nursing, social, psychological, or psychiatric services provided by an individual licensed in his or her profession by this State or another state.

(22) "Supportive housing arrangement" in an adult foster family model of care means a housing arrangement that provides an individual with:

(a) Room and board;

(b) Assistance with the activities of daily living that are fundamental for self care (such as bathing, dressing, and eating) or instrumental activities of daily living that are not necessary for fundamental functioning (such as preparing meals, grocery shopping, and managing money);

(c) Protective oversight; and

(d) Assistance with medication administration, which means a client having the ability to take medication at the correct time, in the correct route, and in the correct dosage as prescribed by an authorized prescriber with the support of a provider or provider backup who can offer physical assistance and reminders.