Sec. 10.09.32.05. Limitations

A. HIV-targeted case management shall be advisory in nature.

B. A restriction may not be placed on qualified recipients' option to receive HIV case management services.

C. HIV-targeted case management does not restrict or otherwise affect:

(1) Eligibility for Title XIX benefits or other available benefits or programs;

(2) The freedom of a recipient to select from all available services for which the individual is found to be eligible; or

(3) The participant's free choice of qualified providers.

D. HIV-targeted case management may not be:

(1) Provided as an integral and inseparable part of another covered Program service;

(2) Provided as an administrative function;

(3) Rendered in connection with the implementation of the Social Security Act, §1915(b) or 1915(c); or

(4) Part of institutional discharge planning.

E. Reimbursement may not be made for HIV-targeted case management services if the participant is:

(1) Eligible to receive services under the Maryland Medicaid Managed Care Program, as defined in COMAR 10.67.01; or

(2) Receiving comparable case management services under:

(a) The Rare and Expensive Case Management Program, as defined in COMAR 10.09.69; or

(b) Under another Program authority.

F. A participant's case manager may not be a direct services provider for the participant.