Sec. 10.21.10.05. General Conditions for PRTF Waiver Services Provider Participation

A. A provider of PRTF waiver 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 this chapter and COMAR 10.09.79, and being able to provide the services set forth in COMAR 10.09.79;

(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 MHA 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 at the time of initial application to be a provider of PRTF waiver services, at recertification, and upon request by the Department;

(7) Make available to the Department and federal funding agents all records, including but not limited to personnel files for each individual employed, and financial, treatment, and service records for inspection and copying; and

(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;

(b) Before permitting staff, volunteers, students, or any individual from working with the participant, or the participant's family:

(i) Ensure that, at its own expense, all staff, volunteers, students, and any individual have background checks as set forth in §§B and C of this regulation;

(ii) Review the results of the background checks; and

(iii) Maintain the background checks in the individual's personnel file; and

(c) 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.

B. Required Criminal Background Checks. For each individual providing services to participants and their families in the PRTF waiver, the provider shall:

(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; and

(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.

C. Required Check for Abuse or Neglect. For each individual providing services to participants and their families in the PRTF waiver, 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. 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.