Sec. 10.09.52.01. Definitions

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

B. Terms Defined.

(1) “Autism” has the meaning stated in COMAR 10.09.56.01C.

(2) "Autism Waiver" means the Home and Community-Based Services Waiver for Children with Autism Spectrum Disorder.

(3) "Children with disabilities" means those children who are waiver participants or:

(a) Who have been determined through appropriate assessment pursuant to COMAR 13A.05.01 as having temporary or long-term special education needs arising from cognitive, emotional, or physical factors, or any combination of these; and

(b) Whose ability to meet general education objectives is impaired to a degree that the services available in the general education program are inadequate in preparing them to achieve their education potential.

(4) "Department" has the meaning stated in COMAR 10.09.36.01.

(5) "Home and Community-Based Services Waiver for Children with Autism Spectrum Disorder" means the program implemented under COMAR 10.09.56 in accordance with the document and any amendments to it submitted by the Department to, and approved by, the Secretary of the U. S. Department of Health and Human Services, which authorizes the waiver, pursuant to Section 1915(c) of Title XIX of the Social Security Act, of certain specified statutory requirements limiting coverage for home and community-based services under the Medical Assistance Program.

(6) "Individualized Education Program (IEP)" means a written, individualized plan of care for a participant, that:

(a) Is developed by an IEP team on a form approved by MSDE;

(b) Recommends the special education and related services to meet a participant's needs; and

(c) Conforms with the requirements in COMAR 13A.05.01.

(7) “Individualized education program (IEP) team” means a multidisciplinary team convened by a provider in accordance with COMAR 13A.05.01 to review a participant’s needs and develop the participant’s IEP.

(8) "Individualized family service plan (IFSP)" means a written, individualized plan for early intervention and other services for an infant or toddler, in accordance with COMAR 10.09.40, 10.09.50, and 13A.13.01.

(9) "Local lead agency" means the agency designated by the local governing authority in each jurisdiction to administer the interagency system of early intervention services under the direction of the Maryland State Department of Education.

(10) "Local school system" means the public local education agency for each jurisdiction.

(11) "Maryland Medicaid Managed Care Program" has the meaning stated in COMAR 10.09.62.01.

(12) "Maryland State Department of Education (MSDE)" is the agency responsible for ensuring that all children with disabilities residing in the State are identified, assessed, and provided with a free, appropriate public education consistent with State and federal laws.

(12-1) "Medically necessary" has the meaning stated in COMAR 10.09.36.01.

(13) Parent.

(a) "Parent" means the parent of a participant.

(b) "Parent" includes:

(i) A natural parent;

(ii) A guardian;

(iii) An individual acting as a parent such as a relative or a stepparent with whom a child lives, including those relatives or stepparents who are foster parents;

(iv) Any other individual who is legally responsible for a child's welfare; or

(v) A person appointed as the parent surrogate in accordance with COMAR 13A.05.01.

(14) "Participant" means an individual who meets the qualifications for participation in the services covered under this chapter, as specified in Regulation .02 of this chapter.

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

(16) "Provider" means an agency which meets the conditions for participation, as specified in Regulation .03 of this chapter.

(17) “Qualified diagnostician” means an individual whose license or certification permits diagnosis of Autism Spectrum Disorder.

(18) "Rare and expensive case management" has the meaning stated in COMAR 10.09.62.01.

(19) "Recipient" has the meaning stated in COMAR 10.09.36.01.

(20) “Service coordination” means case management services which assist participants in gaining access to the services recommended in a participant’s IEP or waiver plan of care.

(21) "Service Coordination for Children with Disabilities" means the case management services covered under this chapter.

(22) "Service coordinator" means an individual who:

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

(b) Provides the covered services specified in Regulation .04 of this chapter, as well as Regulations .04-1 and .04-2 for a waiver participant.

(23) "Waiver eligible person" means an individual who meets the qualifications, as specified in COMAR 10.09.56, for participation in the Autism Waiver.

(24) "Waiver multidisciplinary team" means the team, consistent with the Individuals with Disabilities Education Act (IDEA), which is convened for a waiver applicant or waiver participant.

(25) "Waiver participant" means a waiver eligible person who is enrolled in the Autism Waiver.

(26) "Waiver plan of care" means the written, individualized treatment plan which preauthorizes the specific Autism Waiver services to be provided to a waiver participant, as covered under COMAR 10.09.56.