Sec. 07.02.19.07. Certification Requirements for CARE Homes

A. A provider and the CARE home operated by the provider shall meet standards set forth in this regulation, and have a separate certification for each site at which the provider applicant proposes to house CARE residents.

B. The provider or incorporated provider's designee shall:

(1) Be 21 years old or older;

(2) Document that the provider applicant has sufficient financial resources to establish and operate the CARE home;

(3) Document the provider applicant's place of residence;

(4) Have three satisfactory nonrelative character references;

(5) Have no criminal record or Adult Protective Services or Child Protective Services history that indicates behavior potentially harmful to residents;

(6) Have no household member 18 years old or older and not receiving CARE services who has a criminal record or history indicating potentially harmful behavior to residents;

(7) Be willing to work with the local department and other appropriate agencies for the well-being of the resident;

(8) Exhibit a genuine interest in the welfare of the resident and perform the provider responsibilities appropriate to meet the resident's physical and social needs;

(9) Participate in CARE training programs as required by the local department or the Administration;

(10) Submit a medical statement, from a licensed medical care provider, indicating that the applicant has the physical and mental capacity to provide care to residents; and

(11) Sign a provider agreement stating that the provider shall:

(a) Accept as full reimbursement for care for a resident placed by the CARE program, an amount equal to the rates established in COMAR 07.03.07, and any supplement established or administered by federal, State, or local government;

(b) Reimburse the resident for any payment the resident made for care not received due to the resident's removal from placement by the case manager for cause due to actions of the provider; and

(c) Maintain and make available to the local department, upon request, records pertaining to expenditures on behalf of the resident residing in the CARE home.

C. Providers must have at least one backup provider, or backup/substitute staff, who shall:

(1) Be 21 years old or older, or 18 through 20 years old and supervised by a staff member 21 years old or older;

(2) Have no criminal record or Adult Protective Services or Child Protective Services history that indicates behavior potentially harmful to residents;

(3) Have three satisfactory nonrelative character references;

(4) Be willing to work for the well-being of the resident with the local department staff and other agencies involved;

(5) Exhibit a genuine interest in the welfare of the resident and be willing to perform provider responsibilities appropriate to meet the resident's physical and social needs;

(6) Attend required CARE training as determined by the local department; and

(7) Submit a medical statement, from a licensed medical care provider, indicating that the backup provider(s) and/or staff has the physical and mental capacity to provide care to residents.

D. Requirements of a CARE Home. The CARE home shall:

(1) Be owned, held, leased, or otherwise controlled by the provider;

(2) Pass health and fire safety inspections conducted by local health and fire departments or fire marshals, unless the inspections are not available in the local jurisdiction of the residence;

(3) Contain not more than three separate supervised apartment units if an individual home is divided into apartments, unless the supervised apartment units were certified prior to January 1, 2007, in which case the home may be certified as a CARE home with more than three separate supervised apartments;

(4) Provide not more than double occupancy per bedroom for residents;

(5) Provide a minimum of 70 square feet for single occupancy bedrooms and 60 square feet per bed for double occupancy for residents;

(6) Have sleeping areas not used for any other purpose;

(7) When a basement is used as a bedroom, it shall be finished, adequately heated and lighted, have a window and fire egress and be enclosed for privacy;

(8) Provide grab rails in bathrooms and stairways;

(9) Provide a minimum temperature of 68° Fahrenheit in rooms used by residents;

(10) Have toilets, lavatories, baths, and showers adequate in number, location, and size to accommodate the needs of residents and other household members;

(11) When the condition of the resident requires it, have bathroom facilities on any floor where the resident is permitted;

(12) Have an adequate water supply, with well water tested and approved by the local health authorities;

(13) Provide an outside fire escape for a resident bedroom located on the third floor or higher;

(14) Have a minimum of one operable:

(a) Smoke detector per floor;

(b) Fire extinguisher rated for use against chemical and electrical fires that is readily accessible on each floor where residents are permitted and near hazardous areas;

(c) A carbon monoxide alarm in homes where there is fossil fuel such as natural gas, propane, fuel oil and pellet stoves; and

(d) Landline telephone that is accessible to the resident;

(15) Post by each landline telephone the emergency telephone numbers for the police and fire department, and any backup support person;

(16) Have safe and functioning systems for:

(a) Heating and cooling;

(b) Hot and cold running water;

(c) Sewage;

(d) Electricity;

(e) Cooking;

(f) Refrigeration;

(g) Artificial and natural light; and

(h) Ventilation;

(17) Have clean and adequately furnished bedrooms and separate beds for each resident which include:

(a) An individual bed, which may not be a rollaway cot or folding bed, for each resident;

(b) Adequate closet and drawer space;

(c) Linens for bedroom and bathroom; and

(d) An adequate source of light for reading and other use in bedroom and in common areas;

(18) Have sufficient dishes, glassware, plates, and flatware to provide each resident with a complete set of eating utensils;

(19) Have cleaning supplies, toilet paper, and soap available for use by the residents;

(20) Have at least one comfortably furnished living room and a common dining area available for residents' use; and

(21) Have a safe place to keep residents' valuables such as a locked box.