Sec. 10.22.12.06. Eligibility Determination Process — Personal Contact and Determination of Service Needs

A. Determination of Service Needs.

(1) When a personal contact is made by a representative of the DDA, in accordance with Regulation .05B(3)(c), of this chapter, the representative shall:

(a) Establish if the individual has a developmental disability;

(b) Establish the nature of the disability;

(c) Collect sufficient information, including any existing evaluations, to make a recommendation concerning assignment to a services priority category, taking into account the strengths and needs of the family, caregiver, and the individual;

(d) Describe the nature of the services that the individual may require through:

(i) Discussion with the applicant, caregiver, or other proponent, when one exists, and

(ii) Observation of the interaction between the applicant, caregiver, or other proponent, when one exists;

(e) Describe the type of environment that the individual may require through:

(i) Discussion with the applicant, caregiver, or other proponent, when one exists, and

(ii) Observation of the interaction between the applicant, caregiver, or other proponent, when one exists.

(2) A face-to-face personal contact shall be conducted for individuals living in the community. For individuals living in chronic hospitals, rehabilitation facilities, residential schools, or for a transitioning youth whose only service need is a day program, a personal contact may consist of interviews with staff or individuals by phone or in person. Knott class individuals shall receive a personal contact. Individuals with the sole diagnosis of mental illness or otherwise not eligible for DDA-funded services may not receive a personal contact.

(3) A representative of the DDA shall give written results of the personal contact to the appropriate regional director with a recommendation regarding eligibility, service needs, and priorities.

(4) If the regional director agrees that the individual is eligible for services, the regional director shall recommend to the Director that the individual be assigned to one or more of six service priority categories described in Regulation .07B of this chapter, for each service as appropriate.

(5) The Director shall review the recommendation of the regional director concerning eligibility, service needs, and priorities.

(6) The Director shall send a letter to the applicant notifying the individual of the decision regarding the applicant's:

(a) Eligibility;

(b) Service needs;

(c) Priorities; and

(d) Right to an informal hearing in accordance with COMAR 10.22.16.

B. Eligibility and Access Time Frame.

(1) The entire eligibility and access process may not exceed 60 days except under the following conditions:

(a) Scheduled appointments are cancelled by the applicant, caregiver, or other proponent, when one exists, and new appointments cannot be scheduled in a timely manner; or

(b) Requested information necessary to make recommendations regarding eligibility, service needs, and priorities has not been received from the applicant, caregiver, or other proponent, when one exists.

(2) The regional director shall review the applicant's requests for extensions of the eligibility and access process. Requests may be approved if the above conditions have been corrected or if definite arrangements have been made to correct the above conditions.