Maryland addaa regulations Subtitle 47 alcohol and drug abuse administration 10. 47. 01 Requirements



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Maryland ADDAA Regulations

Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION


10.47.01 Requirements


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10.47.01.00.htm

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION Chapter 01 Requirements Authority: Health-General Article, §8-401―8-405 and 19-308, Annotated Code of Maryland

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Scope. This chapter sets forth the requirements for certification of drug and alcohol treatment programs..

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Definitions. A. In this subtitle, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Addiction Severity Index" means a standardized method for the assessment of adults regarding addictions severity and patient need.2) "Administration" means the Alcohol and Drug Abuse Administration within the Department of Health and Mental Hygiene.3) "Administrator" means the program director of an alcohol or drug abuse facility or a health care facility.

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Governance. The program shall:. A. Have a governing body legally responsible for overseeing the management and operation of the program and for ensuring compliance with applicable laws and regulations by:1) Approving the program's:. a) Mission;. b) Goals;. c) Policies and procedures;. d) Budget; and. e) Program service plan;. 2) Adopting written bylaws;. 3) Overseeing the operation of the program, according to the stated purposes of the program;. 4) Ensuring proper manage

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Clinical Requirements. A. Admission. The program:. 1) Shall upon request for admission:. a) Establish an interview date that falls within 10 working days of the individual's initial contact;b) Refer or recommend another program to the individual; or. c) Place the individual on a waiting list;. 2) Shall have a detailed description of patient placement criteria for admission to the program, including:a) Eligibility criteria, using guidelines such as the American Society of A

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Environmental Requirements. A. Life Safety Requirements. A program shall:. 1) Have a facility free from fire hazards and have:. a) Adequate smoke detectors;. b) Working and updated fire extinguishers;. c) A written fire evacuation plan; and. d) A current fire inspection certification;. 2) Comply with applicable federal, State, and local sanitation, building, fire codes, and zoning req3) Maintain documentation of legally required periodic evacuation drills, if applicable; and.

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Staff Requirements. A. Administrator.. 1) A program shall have an administrator.2) Qualifications. The administrator shall:. a) Possess a working knowledge of all applicable State and federal laws;. b) Possess a working knowledge of program management skills;. c) Be employed as an administrator before October 1, 2002; or. d) Have at a minimum:. i) A bachelor's degree from an accredited educational institution; and. ii) At least 5 years of documented experience in h

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Patient Rights and Grievance Procedures. A. Patient Rights.. 1) A program shall:. a) Treat each patient with consideration, respect, and full recognition of the patient's human dignity and individuality;b) Provide treatment, care, and services that are adequate, appropriate, and in compliance with relevant State, local, and federal laws and regulations;c) Prevent physical or mental abuse by the program staff;. d) Provide an atmosphere free from discrimination;.

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Records. A. Program Records.. 1) A program shall either manually or electronically maintain a record for each patient that includes, but is not limited to:a) A patient identifier, which may be a name, number, or an identifying code;. b) Intake information, including the patient's name, date of admission, summary of medical examinations, allergies to medication, and laboratory reports;c) Assessments, individualized treatment plans, progress notes, and consent

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Referral Agreements and Program Cooperation..A. A program shall coordinate patient care with other community service providers to ensure that the widest range of appropriate services are available to patients.B. Referral Agreements.. 1) A program shall establish referral agreements with other human service agencies as required by COMAR 10.47.02.2) The program shall make the referral agreements available to the Administration for review.. 3) A program shall have r

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Administrative History Effective date: April 8, 1985 (12:7 Md. R. 703). Regulations .26H, .30L, and .31K amended effective June 17, 1985 (12:12 Md. R. 1165) ―. Regulations .01―33, Certification of Alcoholism and Alcohol Abuse Facilities, repealed and new Regulations .01―09, Requirements, adopted effective June 10, 2002 (29:11 Md. R. 882)Regulation .02B amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 894) amended permanently effective May

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Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION
10.47.02
Specific Program RequirementsTop of Form

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Abstract

10.47.02.00.htm

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION Chapter 02 Specific Program Requirements Authority: Health-General Article, §8-401―8-405 and 19-308, Annotated Code of Maryland

10.47.02.01.htm

Scope. This chapter sets forth additional requirements that a program shall meet to be certified to offer a particular level of treatment. The program shall meet the requirements of COMAR 10.47.01 and 10.47.03.

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Definitions. In this chapter, terms have the meanings stated in COMAR 10.47.01.02..

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Early Intervention Level 0.5. A. Prevention Program Description. The prevention program shall treat patients who are, for a known reason, at risk for developing alcohol or other drug abuse or dependence but for whom there is not yet sufficient information to document alcohol or other drug abuse or dependence.B. Patients who are appropriate for this level of treatment shall meet the current edition of the American Society of Addiction Medicine Patient Place

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Outpatient Services Level I.. A. Program Description. The program shall provide outpatient evaluation and treatment to patients who require services for less than 9 hours weekly for adults and 6 hours weekly for adolescents.B. Patients who are appropriate for this level of treatment shall:. 1) Meet the current edition of the American Society of Addiction Medicine Patient Placement Criteria for Level I, or its equivalent as approved by the Administration; and

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Intensive Outpatient Services Level II.1 and Partial Hospitalization Services Level II.5. A. Program Description. A program shall provide structured outpatient evaluation and treatment to patients who require programming:1) From 9 to 20 hours weekly for adult intensive outpatient services;. 2) From 6 to 20 hours weekly for adolescent intensive outpatient services, based on the adolescents' developmental and clinical needs; and

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Residential Service ― Clinically Managed Low Intensity Treatment Level III.1.. A. Program Description. Clinically managed low intensity treatment programs shall offer treatment services at least 5 hours a week directed toward preventing relapse, applying recovery skills, promoting personal responsibility, and reintegration.B. Patients who are appropriate for this level of treatment shall:. 1) Meet the current edition of the American Society of Addiction Medicine P

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Residential Services ― Clinically Managed Medium Intensity Treatment Level III.3.. A. Program Description. A clinically managed medium intensity treatment program provides a structured environment in combination with medium intensity treatment and ancillary services to support and promote recovery.B. Patients who are appropriate for this level of treatment:. 1) Meet the current edition of the American Society of Addiction Medicine Patient Placement Criteria

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Residential Services ― Clinically Managed High Intensity Treatment Level III.5.. A. Program Description. A clinically managed high intensity residential program shall:. 1) Provide a highly structured environment in combination with moderate to high intensity treatment and ancillary services to support and promote recovery; and2) Be characterized by its reliance on the treatment community as a therapeutic agent.. B. Patients who are appropriate for this level of

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Residential Services ― Medically Monitored Intensive Inpatient Treatment Level III.7.. A. Program Description. A medically monitored intensive inpatient treatment program shall:. 1) Offer a planned regimen of 24-hour professionally directed evaluation, care, and treatment in an inpatient setting;2) Act as an Intermediate Care Facility Type C/D; and. 3) Meet the certification requirements for detoxification services as described in COMAR 10.47.02.10E.

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Detoxification Services.. A. Description of Services. A detoxification program shall provide services to an intoxicated patient by:1) Monitoring the decreasing amount of psychoactive substances in the body;. 2) Managing the withdrawal symptoms; and. 3) Motivating the individual to participate in an appropriate treatment program for alcohol or other drug dependence.B. A detoxification program shall:. 1) Avoid potentially harmful consequences of withdrawal from alcohol and dr

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Opioid Maintenance Therapy.. A. Program Description. Opioid maintenance therapy:. 1) Uses pharmacological interventions, including full and partial opiate agonist treatment medications, to provide treatment, support, and recovery to opioid-addicted patients;2) Is a separate service that is certified and offered by a program as described in COMAR 10.47.02.03―11;3) Complies with the requirements under this regulation; and.

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Administrative History Effective date: November 4, 1985 (12:22 Md. R. 2107) ―. Regulations .01―11, DWI Program Protocols, repealed and new Regulations .01―11, Specific Program Requirements, adopted effective June 10, 2002 (29:11 Md. R. 882)Regulation .03 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 894) amended permanently effective May 5, 2008 (35:9 Md. R. 898)Regulation .04 amended as an emergency provision effective April 1, 2008 (3

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Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION

10.47.03 Specific Program Requirements for Correctional Levels of Care

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Abstract

10.47.03.00.htm

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION Chapter 03 Specific Program Requirements for Correctional Levels of Care Authority: Health-General Article, §8-401―8-405 and 19-308, Annotated Code of Maryland

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Scope. A. This chapter sets forth:. 1) Additional requirements that a program shall meet to be certified to offer the correctional levels of care; and2) Requirement exemptions for a program certified as a correctional level of care, which shall meet the requirements of COMAR 10.47.01 and 10.47.04.B. Correctional levels are exempt from the following requirements of COMAR 10.47.01:. 1) COMAR 10.47.01.03C(2)h) if the correctional facility's requirements are more stringent;.

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Definitions.. In this chapter, terms have the meanings stated in COMAR 10.47.01.02..

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Correctional Level I.. A. Program Description.. 1) The program shall provide evaluation and treatment to patients who require services for less than 9 hours weekly in a correctional facility.2) Inmates receiving treatment may be housed throughout the correctional facility.. B. Inmates who are appropriate for this level of treatment shall:. 1) Meet the current edition of the American Society of Addiction Medicine Patient Placement Criteria for Level I, or its equi

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Correctional Level II.1.. A. Program Description.. 1) A program shall provide structured evaluation and treatment to patients who require services from 9 to 20 hours weekly in a correctional facility.2) Inmates receiving treatment may be housed throughout the institution.. B. Inmates who are appropriate for this level of treatment shall:. 1) Meet the current edition of the American Society of Addiction Medicine Patient Placement Criteria for Level II.1, or its e

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Correctional Level II.5.. A. Program Description.. 1) A program shall provide structured evaluation and treatment to patients who require programming from 20 to 35 hours weekly in a correctional facility.2) Inmates receiving treatment may be housed together in a separate unit.. B. Inmates who are appropriate for this level of treatment shall:. 1) Meet the current edition of the American Society of Addiction Medicine Patient Placement Criteria for Level II.5, or its e

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Correctional Level III.1.. A. Program Description.. 1) A program shall offer treatment services at least 5 hours a week directed toward preventing relapse, applying recovery skills, promoting personal responsibility, and reintegration into the community.2) Inmates receiving this level of treatment shall be housed:. a) Together in a prerelease center or a correctional halfway house; and. b) Separately from inmates not receiving this level of treatment..

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Correctional Level III.5.. A. Program Description. A correctional Level III.5 program:. 1) Shall provide a highly structured environment in combination with moderate to high intensity treatment and ancillary services to support and promote recovery;2) Shall be characterized by its reliance on the treatment community as a therapeutic agent; and. 3) May not allow a structure whereby inmates have authority over one another..

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Administrative History Effective date:. COMAR 10.47.03, Certification Requirements, recodified to be COMAR 10.47.04 and new chapter, Specific Program Requirements for Correctional Levels of Care, adopted as an emergency provision effective April 1, 2008 (35:9 Md. R. 894) adopted permanently effective May 5, 2008 (35:9 Md. R. 898)

Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION

10.47.04 Certification Requirements

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10.47.04.00.htm

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION Chapter 04 Certification Requirements Authority: Health-General Article, §8-401―8-405 and 19-308, Annotated Code of Maryland

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Scope.. This chapter sets forth additional requirements that a program shall meet to be certified to offer a particular level of treatment. The program shall meet the requirements of COMAR 10.47.01 and this chapter.

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Definitions. A. In this chapter, terms have the meanings stated in COMAR 10.47.01.02.. B. In addition to terms referenced under §A of this regulation, in this chapter the following terms have the meanings indicated.C. Terms Defined.. 1) "Deficiency" means a failure to meet a regulation or its intent.. 2) "Plan of correction" means the program's proposed response to findings of noncompliance identified by the Office of Health Care Quality or the Administration.

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Certification Required. A. All programs and prevention programs shall be certified by the Department before program services and prevention program services may be provided in the State.B. The following are exempt from certification under this chapter:. 1) A health professional licensed under the Health Occupations Article who is treating patients within the scope of the professional's practice and who does not advertise the practice as an alcohol abuse or drug abuse program;

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Type and Duration of Certification.. A. Initial Certification.. 1) After receipt of the completed application and inspection by the Office of Health Care Quality, if there are no deficiencies, the Administration shall grant an initial certification.2) The initial certification is valid for a period in the discretion of the Administration, not to exceed 6 months.B. Provisional Certification.. 1) After a program has been in operation for 4 months, after inspection by

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Application Process and Evaluation. A. Application. An applicant for certification of a program or renewal of certification shall submit to the Office of Health Care Quality:1) A completed application on a form approved by the Administration;. 2) Documentation of:. a) The program service plan;. b) Satisfactory fire, safety, and health inspection reports; and. c) Compliance with COMAR 10.47.01 and the applicable specific program requirements under COMAR 10.47.02;

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Waiver and Variances. A. Upon written request by the program, the Director shall issue a written decision which may:. 1) Grant a variance or waiver from a regulation if the:. a) Variance or waiver would not endanger the life or safety of a patient in a program; or. b) Intent of the regulation to which a variance or waiver is sought meets the alternative proposed by the program; or2) Deny the variance or waiver.. B. The Director may grant a variance or waiver that:.

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Investigation or Inspection by the Administration or Office of Health Care Quality. A program shall be open at all reasonable times for announced and unannounced inspections or investigations by the Administration or its designees.B. A program shall be open at all reasonable times for announced and unannounced inspections or investigations by the Office of Health Care Quality.

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Denial, Probation, Intermediate Sanctions, Suspension, or Revocation.. A. If an applicant or program fails to comply with the applicable State and federal laws, rules, or regulations, the Director may:1) Deny approval to the applicant; or. 2) Take disciplinary action, such as:. a) Placing the program on probation;. b) Suspending or revoking the certification of the program; or. c) Imposing intermediate sanctions on the program..

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Administrative History Effective date: June 10, 2002 (29:11 Md. R. 882) ―. Chapter recodified from COMAR 10.47.03 to 10.47.04 as an emergency provision effective April 1, 2008 (35:9 Md. R. 894) recodified permanently effective May 5, 2008 (35:9 Md. R. 898)Regulation .01 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 894) amended permanently effective May 5, 2008 (35:9 Md. R. 898)Regulation .03 amended as an emergency provision effective April 1, 2008 (3


Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION

10.47.05 Education Programs
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10.47.05 Education Programs

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10.47.05.00.htm

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION Chapter 05 Education Programs Authority: Health-General Article, §8-401―8-405 and 19-308, Annotated Code of Maryland

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Scope..This chapter sets forth additional requirements that a program shall meet as a private or public education program for individuals convicted under Transportation Article, §21-902, Annotated Code of Maryland, and ordered to attend an education program.

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Definitions.In this chapter, terms have the meanings set forth in COMAR 10.47.01.02..

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Application Process and Evaluation.. A. The applicant shall complete an application on a form approved by the Administration and submit the application and documentation to indicate the applicant is in compliance with the requirements of this chapter.B. After the Administration receives the application the Administration shall:. 1) Return the application if it is incomplete; or. 2) Arrange a site visit.. C. After the site visit, the Administration shall. 1) Grant approval;.

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Program Requirements.. The program shall:. A. Comply with COMAR 10.47.01 and 10.47.02.03;. B. At minimum, offer six weekly 2-hour sessions for a total of 12 hours;. C. Have instructors approved by the Administration who are:. 1) Instructors before October 1, 2002; or. 2) At a minimum, certified as a Certified Supervised Counselor-Alcohol and Drug, as defined by Health Occupations Article, Title 17, Annotated Code of Maryland;

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Denial, Probation, Intermediate Sanctions, Suspension, or Revocation.. A. If an applicant or Program fails to comply with the applicable State and federal laws, rules, or regulations, the Director may:1) Deny approval to the applicant; or. 2) Take disciplinary action, such as:. a) Placing the program on probation;. b) Suspending or revoking the certification of the program; or. c) Imposing intermediate sanctions on the program..

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Administrative History Effective date: June 10, 2002 (29:11 Md. R. 882) ―. Chapter recodified from COMAR 10.47.04 to 10.47.05 as an emergency provision effective April 1, 2008 (35:9 Md. R. 894) recodified permanently effective May 5, 2008 (35:9 Md. R. 898)Regulation .01 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 894) amended permanently effective May 5, 2008 (35:9 Md. R. 898)Regulation .04 amended as an emergency provision effective April 1, 2008 (3

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Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION

10.47.06 Substance Abuse Treatment Outcomes Partnerships (S.T.O.P.) Fund

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10.47.06.00.htm

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION Chapter 06 Substance Abuse Treatment Outcomes Partnerships ― (S.T.O.P. Fund Authority: Health-General Article, §8-6C-01―8-6C-04, Annotated Code of Maryland

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Scope. This chapter specifies the requirements for applying for funding from the Substance Abuse Treatment Outcomes Partnership Fund. This chapter establishes time lines and procedures for requests for partnership funding, guidelines that require programs to bill third-party insurers, and fund management including, but not limited to, authorization of distribution of money.

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Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Department" means the Department of Health and Mental Hygiene.. 2) "Eligible population" means:. a) Mothers of drug-addicted infants;. b) Parents of children in need of assistance;. c) Hospital emergency room admittees;. d) Needy families receiving temporary cash assistance;. e) Foster care children and parents;. f) Children in after-school programs and their par

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Requests for Partnership Funding and Criteria for Awarding Funding. A. Requests for partnership funding may be submitted to the Department by:. 1) The governing body of a jurisdiction or its designee; or. 2) The governing bodies of more than one jurisdiction or their designee.. B. Proposals shall include the following:. 1) Identification of one or more eligible populations per jurisdiction;. 2) A description of the plan to provide substance abuse services;.

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Fiscal Responsibility by Jurisdiction.. A. The Department may award partnership funding that results in a county being responsible for less than 1/2 of the cost of the approved partnership funding after considering:1) The financial hardship of the participating county;. 2) Prior and current contributions of funds for substance abuse treatment programs made by the participating county; and3) Other relevant considerations considered appropriate by the Department..

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Administrative History Effective date:. Regulations .01―04 adopted as an emergency provision effective January 30, 2001 (28:3 Md. R. 203) adopted permanently effective April 30, 2001 (28:8 Md. R. 762) ―Chapter recodified from COMAR 10.47.03 to 10.47.05 effective June 10, 2002 (29:11 Md. R. 882) ―. Chapter recodified from 10.47.05 to 10.47.06 as an emergency provision effective April 1, 2008 (35:9 Md. R. 894) recodified permanently effective May 5, 2008 (35:9 Md. R. 898)

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