Sec. 10.09.40.01. Definitions

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

B. Terms Defined.

(1) "Case management" means services which will assist participants in gaining access to the full range of Medical Assistance services, as well as to any additional needed medical, social, mental health, financial assistance, counseling, educational, and other support services.

(2) "Case manager" means an individual who:

(a) Is used by the provider chosen by the participant's parent;

(b) Meets the requirements in Regulation .03C of this chapter; and

(c) Provides the covered services specified in Regulation .04 of this chapter.

(3) "Children's Medical Services" means the State agency administering a program of services for children with special health care needs, as authorized by Title V of the Social Security Act and COMAR 10.22.08.

(4) "Department" means the Department as defined in COMAR 10.09.36.01.

(5) "Developmental areas" means cognitive development, physical development (including fine and gross motor and sensory development), speech and language development, psychological development, and self-help skills.

(6) "Developmental delay" means that a child is functioning at least 25 percent below chronological age in at least one of the five developmental areas, as measured and verified by diagnostic instruments and procedures approved by the Maryland Infants and Toddlers Program.

(7) "Early intervention services" means services that:

(a) Are designed to meet the developmental needs of infants and toddlers with disabilities;

(b) Are provided under public supervision and in conformity with an IFSP; and

(c) Meet applicable State and federal standards.

(8) "Early intervention services case management" means the case management services covered under this chapter.

(9) "Early intervention services case management provider" means a provider of services covered under Regulation .04 of this chapter, which meets the requirements in Regulation .03 of this chapter and is chosen as the provider by a participant's parent.

(10) "Family" means those individuals with whom a participant resides, who are responsible for the participant, are the primary nurturing caregivers, and have assumed major, long-term roles in the infant or toddler's daily life.

(11) "Individualized Family Service Plan (IFSP)" means a participant's written plan for early intervention services which is developed or revised by a multidisciplinary team based on the results of a multidisciplinary assessment or reassessment and is documented in accordance with guidelines issued by the Maryland Infants and Toddlers Program.

(12) "Local health department" means the public health services agency in each county and Baltimore City, which receives State and local government funding to ensure that basic public health services in the areas of personal and environmental health are available in each jurisdiction.

(13) "Maryland Infants and Toddlers Program" means the program designated by the Governor under Executive Order 01.01.1988.15 to plan, develop, and implement a Statewide, coordinated, comprehensive, multidisciplinary, interagency plan for early intervention services in Maryland, with the Office for Children, Youth, and Families designated as the lead agency for this program under Article 49D, Annotated Code of Maryland.

(14) "Medical Assistance Program" means the Medical Assistance Program as defined in COMAR 10.09.36.01.

(15) "Medically necessary" has the meaning stated in COMAR 10.09.36.01.

(16) "Multidisciplinary assessment or reassessment" means the process used by a participant's multidisciplinary team to review the child's unique needs, the family's ability to assist in meeting needs related to the child's development, and the nature and extent of early intervention and other services needed by the child.

(17) "Multidisciplinary team" means a group convened and conducted by a participant's case manager to perform the multidisciplinary assessment or reassessment and develop or revise the participant's IFSP, and which is comprised of the case manager, the participant's family, and relevant service providers.

(18) "Parent" means a biological or adoptive parent, a legal guardian, another person responsible for a child's welfare, or a surrogate parent for those cases when:

(a) A public agency, after reasonable efforts, cannot discover the whereabouts of a biological or adoptive parent;

(b) A person cannot be identified with responsibility for a child's welfare; or

(c) The child is a ward of the State.

(19) "Participant" means a federally qualified recipient who is:

(a) A child between birth and 3 years old;

(b) Admitted to early intervention services case management through an election statement, signed by the participant's parent and filed with the provider chosen by the parent;

(c) Not receiving the same case management services under another Program authority; and

(d) Determined by a multidisciplinary team to be eligible for early intervention services case management because the child:

(i) Is experiencing developmental delays,

(ii) Has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, or

(iii) Demonstrates atypical development or behavior, which is demonstrated by abnormal quality of performance and function in at least one of the five developmental areas, interferes with current development, and is likely to result in future developmental delay.

(20) "Program" means the Program as defined in COMAR 10.09.36.01.

(21) "Provider" means an early intervention services case management provider.

(22) "Recipient" means a recipient as defined in COMAR 10.09.36.01.