Sec. 10.09.52.03. Conditions for Participation

A. General requirements for participation in the Program are that a provider shall meet all the conditions for participation as set forth in COMAR 10.09.36.03.

B. Specific requirements for participation in the Program as a provider of Service Coordination for Children with Disabilities are that a provider shall:

(1) Be an agency within the State that:

(a) Operates programs with special education and related services for children with disabilities, in accordance with COMAR 13A.05.01; and

(b) Is eligible to receive, through MSDE, funding from Assistance to States for the Education of Children with Disabilities under Part B of the Individuals with Disabilities Education Act;

(2) Convene or participate on an IEP team or teams, in accordance with COMAR 13A.05.01, which shall:

(a) Include individuals from at least two disciplines as specified in COMAR 13A.05.01 and determined by the participant's disability, and provide the opportunity for participation to the participant's parent or parents, and the participant, if appropriate, pursuant to COMAR 13A.05.01;

(b) Receive referrals of recipients who are 2 through 20 years old, or who are waiver participants, and are identified as potentially eligible for the services covered under this chapter;

(c) Conduct an assessment of a recipient within 90 days of receiving a written referral;

(d) Develop an IEP for a participant in accordance with COMAR 13A.05.01 within 30 calendar days of the determination of eligibility for the services covered under this chapter;

(e) Review the IEP and progress of each participant who is receiving the special education and related services recommended in the IEP, upon request of the parent or parents;

(f) Meet and conduct an annual review of each participant’s IEP and, if appropriate, revise the IEPs provisions; and

(g) Reconvene the IEP team to conduct an interim IEP review and modify the existing IEP at any time upon request of the professionals included on the team or the parent or parents, as considered necessary pursuant to the participant’s progress;

(3) Designate specific, qualified individuals as service coordinators, and verify their credentials for providing the services covered under this chapter;

(4) Be knowledgeable of the eligibility requirements and application procedures of federal, State, and local government assistance programs which are applicable to participants;

(5) Maintain a file on each participant which meets the Program’s requirements and which shall include:

(a) Copies of the participant’s IEP with any revisions;

(b) Written parental consent for the services covered under this chapter;

(c) A record of service coordination encounters concerning the participant;

(d) Approval from a participant’s parent of the participant’s service coordinator and the participant’s IEP before implementation of the service coordination; and

(e) The following documentation for a waiver participant:

(i) Diagnosis of autism spectrum disorder every 3 years or more often as requested by MSDE, by a qualified diagnostician using an evaluation methodology considered sufficient by the multidisciplinary team;

(ii) Form for determination of eligibility for level of care in an intermediate care facility for the intellectually disabled and persons with related conditions (ICF/IID) - initial determination and redetermination, at least annually;

(iii) Consent form for autism waiver services, signed before Autism Waiver enrollment;

(iv) Form for determination of Medicaid eligibility for autism waiver services - initial determination and redetermination, at least annually;

(v) Waiver plan of care-initial plan, review at least annually, and any plan revisions;

(vi) Preauthorization by MSDE of any environmental accessibility adaptations reimbursed through the Autism Waiver; and

(vii) The waiver participant's IEP developed in accordance with this chapter or individualized family service plan (IFSP) developed in accordance with COMAR 10.09.40;

(6) Employ or have under contract qualified personnel who convene or participate on IEP teams, convene or participate on waiver multidisciplinary teams as necessary, develop participants’ IEPs or waiver plans of care, and perform as service coordinators for participants; and

(7) Convene or participate on a waiver multidisciplinary team or teams for waiver participants, in accordance with the requirements of COMAR 10.09.56 and this chapter.

C. Service Coordinator Requirements.

(1) A service coordinator shall:

(a) Be employed by or under contract with a provider;

(b) Be chosen by the IEP team or waiver multidisciplinary team, with the approval of the participant's parent or parents, taking into consideration the:

(i) Primary disability manifested by the participant;

(ii) Participant's needs; and

(iii) Services recommended in the IEP or waiver plan of care;

(c) Participate with the IEP team or waiver multidisciplinary team in the development or revision of a participant’s IEP or waiver plan of care and in the IEP or waiver plan of care review;

(d) Assist the participant in gaining access to the services recommended in the IEP or waiver plan of care; and

(e) Collect and synthesize evaluation reports and other relevant information about a participant that might be needed by an IEP team or waiver multidisciplinary team.

(2) A service coordinator shall have the following qualifications and be a:

(a) Professional who has a current license or certification, in accordance with §C(3) of this regulation, in the profession most immediately relevant to a participant's needs; or

(b) Nonprofessional who meets the requirements in §C(4) or (5) of this regulation.

(3) A professional who is chosen as a participant's service coordinator shall meet the following licensing or certification requirements, as appropriate, and be:

(a) An audiologist licensed pursuant to COMAR 10.41.03.03 and certified pursuant to COMAR 13A.12.03.09;

(b) A guidance counselor with at least a master's degree and certified pursuant to COMAR 13A.12.03.02;

(c) A registered nurse licensed pursuant to Health Occupations Article, Title 8, Annotated Code of Maryland;

(d) An occupational therapist licensed pursuant to Health Occupations Article, Title 10, Annotated Code of Maryland;

(e) A physical therapist licensed pursuant to Health Occupations Article, Title 13, Annotated Code of Maryland;

(f) A psychologist with at least a master's degree in psychology and certified pursuant to COMAR 13A.12.03.08;

(g) A pupil personnel worker with at least a master's degree and certified pursuant to COMAR 13A.12.03.04;

(h) A social worker licensed at the master's level as a licensed certified social worker or licensed graduate social worker, pursuant to Health Occupations Article, Title 19, Annotated Code of Maryland;

(i) A speech-language pathologist:

(i) With at least a master's degree in speech pathology; or

(ii) Certified pursuant to COMAR 13A.12.03.09 or licensed pursuant to Health Occupations Article, Title 2, Annotated Code of Maryland;

(j) An education professional who is:

(i) Certified as a teacher pursuant to COMAR 13A.12.02; or

(ii) Certified as an administrator or supervisor pursuant to COMAR 13A.12.04.

(4) A nonprofessional who is chosen as a participant's service coordinator, except the service coordinator for a waiver participant, shall meet the following requirements:

(a) Be a parent of a child with disabilities, but not of the participant;

(b) Have at least a high school diploma or the equivalent; and

(c) Have satisfactorily completed training in advocacy at a parent information center that is approved by MSDE.

(5) A nonprofessional who is chosen as a service coordinator for a waiver participant shall have at least:

(a) 1 year of relevant training or experience; and

(b) A bachelor's degree in social work or a related human services field.

(6) Service coordinators for waiver participants shall complete at least 5 hours of initial training on the Autism Waiver, offered by the Department and MSDE, before rendering Autism Waiver service coordination covered under Regulations .04-1 and .04-2 of this chapter.

(7) Service coordinators for waiver participants must attend one statewide training for Autism Waiver service coordinators per fiscal year.