Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 10. Maryland Department of Health |
Part 3. |
Subtitle 21. MENTAL HYGIENE REGULATIONS |
Chapter 10.21.27. Community Mental Health Programs—Respite Care Services |
Sec. 10.21.27.05. Referral, Eligibility, Screening, and Acceptance for Respite Services
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A. Referral. An individual or the individual's caregiver may request respite care services, or an agency providing mental health treatment or support services to an individual may refer the individual for respite care services.
B. Eligibility.
(1) An individual is eligible to receive respite care if:
(a) The individual is a participant, as described in COMAR 10.21.25.01D(2), in the public mental health system;
(b) The individual has a diagnosis that is listed in COMAR 10.09.70.02;
(c) The individual is:
(i) An adult who has serious and persistent mental illness and who lives independently or in a family-like setting, or in a residential rehabilitation program (RRP) under the provisions of COMAR 10.21.22; or
(ii) A child who has a serious emotional disturbance and who lives with a parent, guardian, or other primary caretaker in a family-like home, or in a foster home under the provisions of COMAR 07.02.11 or 07.02.21; and
(d) The services are preauthorized, as needed, by the Administration's administrative services organization (ASO) according to the provisions of COMAR 10.21.17.02-1A.
(2) An individual is not eligible to receive respite care if the individual is a resident of a therapeutic group home (TGH) licensed under COMAR 10.21.07 or a facility licensed under Health-General Article, Title 19, Annotated Code of Maryland.
C. Screening. Upon receipt of a referral for respite care, the program director shall ensure that respite care staff:
(1) Conduct a screening assessment with the:
(a) Individual for whom respite care services are requested;
(b) The caregiver or significant other, if any; and
(c) Referral source, if any;
(2) Evaluate whether the respite care is needed:
(a) At a specific future time;
(b) Immediately; or
(c) Intermittently;
(3) Outline, in consultation with the individual and the caregiver, a preliminary plan, including the schedule for respite care, for the services to be provided in accordance with this chapter;
(4) Based on consultation with the individual and, if any, the referral source, document:
(a) The expected duration of the respite care;
(b) The frequency, level, and type of staff contacts needed, such as staff availability:
(i) At a minimum, on call, 24 hours per day, 7 days per week; or
(ii) On site for up to 24 hours per day, 7 days per week; and
(c) If applicable, medications that are prescribed for the individual; and
(5) Inform the individual and the caregiver of the rules for the respite care episode.
D. Acceptance. Upon acceptance of an individual for respite care, staff assigned by the program director, in consultation with the individual and the caregiver, shall:
(1) Perform an assessment of:
(a) The individual's and the caregiver's strengths and needs; and
(b) Interventions needed by the individual during respite;
(2) In order to ensure continuity of care, document information regarding, at a minimum, the individual's participation in:
(a) Outpatient mental health treatment;
(b) Psychiatric rehabilitation;
(c) School;
(d) Work; or
(e) Other scheduled activities;
(3) Taking into consideration the needs under §§C(4) and D(2) of this regulation, formulate an initial plan for respite services, including the:
(a) Schedule for providing respite care;
(b) Location;
(c) Level of staff support;
(d) Schedule of the individual's activities during respite; and
(e) Needed interventions to facilitate the individual's remaining in or returning to the living situation.