Find & Ask › Maryland › this rule
COMAR 10.09.84.06 — Specific Conditions for Provider Participation: Personal Assistance (Community First Choice)
MarylandregulationMaryland Department of Health, Medical Care Programs (Medicaid)
What this rule requires your agency to do
- 1Providers shall conduct a criminal history records check on all direct service workers including nurses, in accordance with the State criminal history records check procedure under Health-General Article, Title 19, Subtitle 19.(COMAR 10.09.84.06 — Specific Conditions for Provider Participation: Personal Assistance (Community First Choice))
- 2A worker performing delegated nursing services under COMAR 10.27.11 shall be a certified medications technician if administering medications and a certified nursing assistant if performing other delegated nursing functions; the agency may not assign the participant's representative to provide services to that participant.(COMAR 10.09.84.06 — Specific Conditions for Provider Participation: Personal Assistance (Community First Choice))
- 3Personal assistance service providers shall be licensed as a Residential Service Agency under COMAR 10.07.05 to provide Level Two or Level Three home care services.(COMAR 10.09.84.06 — Specific Conditions for Provider Participation: Personal Assistance (Community First Choice))
- 4Providers shall employ a registered nurse who assesses each new participant requiring personal assistance services, participates in developing worker instructions and assigning personnel, delegates nursing tasks to a CNA or CMT in accordance with COMAR 10.27.11, and participates in instructing workers when indicated.(COMAR 10.09.84.06 — Specific Conditions for Provider Participation: Personal Assistance (Community First Choice))
- 5Providers shall employ workers who accept instruction on the required personal assistance services from the participant/representative, the nurse monitor, a treating physician or nurse practitioner, or a Department individual.(COMAR 10.09.84.06 — Specific Conditions for Provider Participation: Personal Assistance (Community First Choice))
- 6Providers shall notify the Department in writing at least 45 days in advance of any voluntary closure, change of ownership, change of location, sale of business, change in business name, or change in provider tax identification number, and include the participant-notification method and transition plan.(COMAR 10.09.84.06 — Specific Conditions for Provider Participation: Personal Assistance (Community First Choice))
- 7Providers shall allow participants a significant role in delivery of care, including directing services and exercising control to select, train, schedule, determine duties of, and dismiss the personal assistance worker.(COMAR 10.09.84.06 — Specific Conditions for Provider Participation: Personal Assistance (Community First Choice))
- 8Providers shall, at least monthly, collect and maintain the participant's signature (or the representative's when applicable) verifying services rendered.(COMAR 10.09.84.06 — Specific Conditions for Provider Participation: Personal Assistance (Community First Choice))
Applies to: personal care
Sets participation conditions for Medicaid Community First Choice personal-assistance providers, including RSA licensure, RN assessment and nurse delegation, participant self-direction, advance notice of business changes, monthly participant signature verification of services, and criminal history checks on all direct service workers.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.