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COMAR 10.09.20.05 — Specific Conditions for Provider Participation: Personal Assistance (Community Personal Assistance Services)
MarylandregulationMaryland Department of Health, Medical Care Programs (Medicaid)· effective 2016-03-14
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 10.09.20.05 — Specific Conditions for Provider Participation: Personal Assistance (Community Personal Assistance Services))
- 2Providers 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, and shall provide services directly through their workers under the direction of the participant/representative.(COMAR 10.09.20.05 — Specific Conditions for Provider Participation: Personal Assistance (Community Personal Assistance Services))
- 3A personal assistance provider agency may not assign the participant's representative to provide services to that participant.(COMAR 10.09.20.05 — Specific Conditions for Provider Participation: Personal Assistance (Community Personal Assistance Services))
- 4Providers 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 method for informing participants and the transition plan to ensure continuity of services.(COMAR 10.09.20.05 — Specific Conditions for Provider Participation: Personal Assistance (Community Personal Assistance Services))
- 5Providers 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 10.09.20.05 — Specific Conditions for Provider Participation: Personal Assistance (Community Personal Assistance Services))
- 6Providers 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 10.09.20.05 — Specific Conditions for Provider Participation: Personal Assistance (Community Personal Assistance Services))
- 7Personal 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 10.09.20.05 — Specific Conditions for Provider Participation: Personal Assistance (Community Personal Assistance Services))
- 8A 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.(COMAR 10.09.20.05 — Specific Conditions for Provider Participation: Personal Assistance (Community Personal Assistance Services))
Applies to: personal care
Sets the specific participation conditions for Medicaid CPAS personal-assistance providers, including RSA licensure, RN assessment and nurse delegation, participant self-direction of workers, advance-notice requirements for business changes, 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.