Sec. 10.09.89.08. General Conditions for 1915(i) Services Provider Participation

A. A provider of 1915(i) services shall:

(1) Provide the documentation required by the Department for initial approval and provider recertification, or as requested by the Department;

(2) Be approved by the Department as meeting the requirements of being able to provide the services set forth in this chapter;

(3) Have a provider agreement in effect, to include adherence to quality assurance, auditing, and monitoring policies and procedures;

(4) Receive training and certification as required and approved by the Department and determined to be appropriate for the level and scope of services provided;

(5) Meet all the conditions for participation in COMAR 10.09.36 except as otherwise specified in this chapter;

(6) Maintain general liability insurance, and provide proof of this insurance:

(a) At the time of initial application to be a provider of 1915(i) services;

(b) At recertification; and

(c) Upon request by the Department;

(7) Make available to the Department and federal funding agents all records for inspection and copying, including but not limited to:

(a) Personnel files for each individual employed, regardless of method of compensation;

(b) Financial records;

(c) Treatment records; and

(d) Service records;

(8) Comply with the following prohibitions against utilization of staff:

(a) Unless waived by the Department in accordance with §D of this regulation, prohibit from working with the participant or the participant’s family any staff, volunteers, students, or any individual who is:

(i) Convicted of, received probation before judgment, or entered a plea of nolo contendere to a felony or a crime of moral turpitude or theft; or

(ii) Has an indicated finding of child abuse or neglect; and

(9) Maintain administrative and medical records documenting the date, time, duration, and substantive notes associated with the services delivered, which shall be signed by the provider and indicated by the participant’s plan of care.

B. Required Criminal Background Checks. The provider shall, at the provider’s own expense and for all staff, volunteers, students, and any individual providing services to participants and their families in the 1915(i):

(1) Before employment, submit an application for a child care criminal history record check to the Criminal Justice Information System Central Repository, Department of Public Safety and Correctional Services (DPSCS), in accordance with Family Law Article, §5-561, Annotated Code of Maryland;

(2) Request that DPSCS send the report to:

(a) The director of the agency if the request is from a provider agency concerning staff, volunteers, students, or interns who will work with the participant or family; or

(b) To the Department’s designee, if the provider is a self-employed, independent practitioner, or the director of the agency; and

(3) Review the results of the background checks;

(4) Store background checks in a secure manner consistent with State and federal law; and

(5) Maintain written documentation in the individual’s personnel file that the director and all direct service provider staff including, but not limited to, volunteers, interns, and students, meet the criteria set forth in this regulation.

C. Required Check for Abuse or Neglect. For each individual providing services to participants and the participant’s families in the 1915(i), the provider shall:

(1) Before employing any individual, submit a notarized Consent for Release of Information/Background Clearance Request form to the Department of Human Services (DHS) or a local department of social services (DSS) in the jurisdiction in which the individual lives, pursuant to COMAR 07.02.07.19; and

(2) Request that DHS or the local DSS send the report to:

(a) The director of the agency if the request is from a provider agency concerning staff, volunteers, or students who will work with the participant or family; or

(b) To the Department’s designee, if the provider is a self-employed, independent practitioner, or the director of the agency.

D. To provide 1915(i) services, an individual may not:

(1) Be the participant’s family member;

(2) Have been convicted of, received probation before judgment for, or entered a plea of nolo contendere to, a felony or any crime involving moral turpitude or theft, or have any other criminal history that indicates behavior which is potentially harmful to participants; or

(3) Be cited on any professional licensing or certification boards or any other registries with a determination of abuse, misappropriation of property, financial exploitation, or neglect.

E. Waiver of Employment Prohibitions. The Department may waive the prohibition against working with the participant or the participant’s family if the provider submits a request to the Department together with the following documentation that:

(1) For criminal background checks:

(a) The conviction, the probation before judgment, or plea of nolo contendere to the felony or the crime involving moral turpitude or theft was entered more than 10 years before the date of the employment application;

(b) The criminal history does not indicate behavior that is potentially harmful to participants; and

(c) Includes a statement from the individual as to the reasons the prohibition should be waived; and

(2) For abuse and neglect findings:

(a) The indicated finding occurred more than 7 years before the date of the clearance request;

(b) The summary of the indicated finding does not indicate behavior that is potentially harmful to the participant or the participant’s family; and

(c) Includes a statement from the individual as to the reasons the prohibition should be waived.

F. The Program covers the services listed in this chapter when the services are:

(1) Determined by the Department to be medically necessary;

(2) Preauthorized by Department; and

(3) Delivered in accordance with the participant’s POC.