.05 Specific Conditions for Provider Participation — Personal Assistance.

A. Personal assistance service providers shall:

(1) Be licensed as a residential service agency under COMAR 10.07.05 to provide Level Two or Level Three home care services;

(2) Employ a registered nurse who shall:

(a) Assess each new participant who requires personal assistance services;

(b) Participate in developing the worker instructions and in assigning appropriate personnel;

(c) Delegate nursing tasks, as appropriate, to a CNA or a CMT in accordance with COMAR 10.27.11; and

(d) Participate in instructing the workers who will provide the assistance, when indicated;

(3) Employ workers who will accept instruction on the personal assistance services required in the participant’s plan of service from the following:

(a) The participant or, when applicable, the participant’s representative;

(b) The nurse monitor;

(c) A treating physician or nurse practitioner; or

(d) An individual from the Department;

(4) Provide services directly through their workers under the direction of the participant or, when applicable, the participant’s representative;

(5) Allow participants to have a significant role in the delivery of their specific care including:

(a) Directing the services and supports identified in their plan of service; and

(b) Exercising as much control as desired to select, train, schedule, determine duties of, and dismiss the personal assistance worker in their home;

(6) Notify the Department in writing at least 45 days in advance of any:

(a) Voluntary closure;

(b) Change of ownership;

(c) Change of location;

(d) Sale of the business;

(e) Change in the name under which the provider is doing business; or

(f) Change in provider tax identification number;

(7) Include in the notice to the Department the method for informing participants and representatives of its intent to close, change ownership, change location, or sell its business;

(8) Include in the notice to the Department, and inform participants and representatives, of the transition plan developed by the agency to ensure continuity of services to participants;

(9) If applicable, apply for a new license whenever ownership is to be transferred from the person or organization named on the license to another person or organization in time to assure continuity of services;

(10) Submit a Medicaid provider application to the Department if the new owner chooses to participate in the Program; and

(11) Conduct a criminal history records check on all direct service workers including nurses, in accordance with the procedure for a State criminal history records check established under Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland.

B. A worker who performs delegated nursing services in accordance with COMAR 10.27.11 shall:

(1) If required to administer medications in accordance with the plan of service, be a certified medications technician; and

(2) If performing other delegated nursing functions, also be a certified nursing assistant.

C. A personal assistance provider agency may not assign the participant’s representative to provide services to that participant.