Md. Code Regs. 32.03.03.10

Current through Register Vol. 51, No. 24, December 2, 2024

Section 32.03.03.10 - Service Agreement Requirements

A. A service agreement between a local office and an enrolled provider shall:

(1) Specify the number of beds for which the enrolled provider is licensed or for which the enrolled provider has applied for a license;

(2) Specify the level of care for which the enrolled provider is licensed or for which the enrolled provider has applied for a license;

(3) Specify the approved monthly fee, which is the maximum amount the enrolled provider can charge a subsidized resident;

(4) Require the enrolled provider to notify the local office immediately if the enrolled provider decides to surrender its license, or if any actions are taken by others to revoke or restrict the license;

(5) Specify that the enrolled provider is obligated to maintain its license and operate in compliance with COMAR 10.07.14;

(6) Specify the minimum services the enrolled provider shall provide to all subsidized residents;

(7) Require the local office to approve any contracts the enrolled provider uses for subsidized residents;

(8) Specify that the enrolled provider may not charge a resident who is not subsidized less than the approved monthly fee, unless the non-subsidized resident has a subsidy application pending;

(9) Require the enrolled provider to keep a record of all payments received on behalf of a subsidized resident, which records shall be maintained so that they can be examined by the local office or Department with 24 hours notice;

(10) Require the enrolled provider to keep information and records regarding a subsidized resident's subsidy confidential from anyone other than the local office or Department, unless:

(a) Authorized to release the information or records by the subsidized resident or the subsidized resident's representative, or

(b) Compelled by a subpoena to release the information or records;

(11) Specify the maximum monthly subsidy that will be available for payment;

(12) Specify how and when payment requests shall be made to the local office;

(13) Specify the term of the agreement;

(14) Contain the enrolled provider's Federal Employer Identification number or Social Security number;

(15) Specify that the subsidized residents are third-party beneficiaries of the service agreement;

(16) Require that any amendments to the service agreement be in writing and executed by all parties to the agreement or their authorized representatives; and

(17) Specify that if an emergency prevents a local office from carrying out its responsibilities under a service agreement, the Department may enforce and administer the service agreement.

B. A local office shall send a copy of the service agreement format to the Department.

Md. Code Regs. 32.03.03.10

Regulations .10, Group Sheltered Housing for the Elderly, repealed and new Regulations .01_.11, Senior Assisted Living Group Home Subsidy Program, adopted effective August 23, 1999 (26:17 Md. R. 1325)