2013 Maryland Code
HEALTH - GENERAL
§ 7-307 - Reimbursement to community service providers

§7-307.

(a) (1) In this section the following words have the meanings indicated.

(2) “Community provider” means a community-based agency or program funded by the Administration to serve individuals with developmental disabilities.

(3) “Community direct service worker” means an employee of a community provider that provides treatment or services to developmentally disabled individuals.

(4) “Disparity amount” means the monetary calculation of the average difference in wages and benefits between community direct service workers and developmental disabilities associates or other comparable employees in State residential centers.

(5) “Rate” means the reimbursement rate paid by the Department to a community provider from the State General Fund, Maryland Medical Assistance Program funds, other State or federal funds, or a combination of funds.

(b) Notwithstanding the provisions of this title, the Department shall reimburse community providers as provided in this section.

(c) (1) On or before September 1, 2001, the Department shall determine:

(i) The disparity amount; and

(ii) The amount of annual increase in the rate of reimbursement to community providers necessary to reduce and eliminate the disparity amount as required under subsection (d) of this section.

(2) The Department shall determine the disparity amount using data and information from:

(i) The Community Services Rate Reimbursement Commission; and

(ii) Reports required to be provided to the General Assembly by the Department.

(d) The Department shall increase the rate of reimbursement for community services providers by an amount that:

(1) Reduces the disparity amount to 80% on or before July 1, 2002;

(2) Reduces the disparity amount to 62% on or before July 1, 2003;

(3) Reduces the disparity amount to 40% on or before July 1, 2004;

(4) Reduces the disparity amount to 20% on or before July 1, 2005; and

(5) Eliminates the disparity amount on or before July 1, 2006.

(e) The Secretary shall adopt regulations to implement this section.

(f) All increases in the rate of reimbursement provided for in this section shall be used to increase the compensation of community direct service workers.

(g) Nothing in this section shall be construed to prohibit the Department from eliminating the disparity amount prior to July 1, 2006.