Maryland - Skilled Respite Service — Licensing, Medicaid Enrollment and Startup Requirements
Last reviewed: 2026-09-10
The Maryland Department of Health (MDH) Developmental Disabilities Administration (DDA) funds Respite Care Services through the Community Pathways, Community Supports, and Family Supports waivers, but Maryland does not issue a distinct license for "Skilled Respite." Agencies intending to deploy licensed nurses (RNs or LPNs) to provide respite care must first obtain a Residential Service Agency (RSA) license with a skilled nursing designation from the Office of Health Care Quality (OHCQ) before applying for DDA certification.
Approval requires navigating a sequential process starting with OHCQ licensure, followed by Medicaid enrollment through the ePREP portal, and concluding with DDA provider certification. An applicant cannot submit a DDA provider application for waiver services until they hold the underlying OHCQ license and have an active Maryland Medicaid provider number.
1. Service Definition and Scope
Maryland does not define "Skilled Respite" as a standalone waiver service. Instead, providers deliver DDA Respite Care Services utilizing licensed nursing staff to support participants whose medical needs exceed the scope of unlicensed direct support professionals.
This service provides short-term, temporary relief to a participant's primary caregiver. When delivered by an agency using nurses, the agency must comply with both DDA waiver regulations for respite and OHCQ clinical regulations for skilled nursing.
- Service Name: Respite Care Services (delivered via skilled nursing)
- Funding Authority: DDA Community Pathways, Community Supports, and Family Supports Waivers
- Scope: Short-term periodic care to relieve primary caregivers, delivered by RNs or LPNs for participants with complex medical needs
- Setting: Participant's home, provider's home, or a licensed residential site
- Exclusions: Cannot be billed concurrently with continuous Nursing Services or Medical Day Care
2. Regulatory and Oversight Agencies
Oversight is bifurcated between the licensing body that regulates the agency's clinical capacity and the waiver operating agency that certifies the provider for HCBS delivery.
Medicaid enrollment and claims processing are managed through centralized state portals that interface with both OHCQ and DDA data.
- Licensing Authority: MDH Office of Health Care Quality (OHCQ) (https://health.maryland.gov/ohcq)
- Waiver Authority: MDH Developmental Disabilities Administration (DDA) (https://health.maryland.gov/dda)
- Medicaid Enrollment: Maryland Medicaid ePREP Portal (https://eprep.health.maryland.gov)
- Claims and Authorization: LTSSMaryland (https://health.maryland.gov/mmcp/ltss)
3. Gatekeeping Prerequisites: Who Can Even Apply
Maryland does not require a Certificate of Need (CON) for Residential Service Agencies, nor does it currently impose a moratorium or closed network on DDA Respite Care providers.
The primary structural precondition is sequential licensure: DDA will not accept a provider application for nursing-level respite unless the entity already holds an active OHCQ RSA license.
- Certificate of Need (CON): Not required for Residential Service Agencies in Maryland
- Licensure Prerequisite: Must hold an active OHCQ RSA license with a skilled nursing designation before applying for DDA certification
- Corporate Status: Must be registered and in good standing with the Maryland State Department of Assessments and Taxation (SDAT)
- Network Restrictions: Open enrollment; Maryland does not currently cap the number of DDA Respite providers
4. Licensure and Certification Requirements
Agencies must first apply for an RSA license under COMAR 10.07.05, which requires submitting operational policies and passing an initial OHCQ survey.
Once licensed, the agency submits a DDA provider application, which requires a detailed business plan and a quality assurance plan specific to developmental disabilities.
- License Type: Residential Service Agency (RSA) - Skilled Nursing (COMAR 10.07.05)
- Application Fee: $1,000 initial RSA license fee payable to OHCQ
- DDA Certification: Requires submission of a program service plan, business plan, and quality assurance plan to DDA
- Renewal: RSA licenses must be renewed every 3 years; DDA renewal applications are due 60 days before expiration
5. Medicaid Provider Enrollment
All Medicaid enrollment actions in Maryland are processed through the electronic Provider Revalidation and Enrollment Portal (ePREP).
Providers must enroll using their RSA license and link their National Provider Identifier (NPI) to the specific taxonomy codes required for DDA waiver billing.
- System: electronic Provider Revalidation and Enrollment Portal (ePREP)
- Provider Type: Residential Service Agency (Provider Type 85) or DDA Provider
- Required Identifiers: National Provider Identifier (NPI) and Federal Tax ID (EIN)
- Application Fee: Subject to CMS institutional provider application fee unless waived by Medicare enrollment
6. Staffing, Training and Background Checks
Because this service involves skilled care, direct care staff must hold active nursing licenses in Maryland or a compact state.
All staff must clear state and federal background checks before having any direct contact with waiver participants.
- Clinical Staff: Registered Nurses (RN) or Licensed Practical Nurses (LPN) licensed by the Maryland Board of Nursing
- Background Checks: Fingerprint-based Criminal Justice Information System (CJIS) background check required for all patient-facing staff
- Exclusion Screening: Monthly checks against the Maryland Medicaid Exclusion List and federal LEIE
- Basic Training: Current First Aid and CPR certification with an in-person, hands-on component
7. Documentation, Policies and Records
Providers must maintain dual compliance with OHCQ clinical record requirements and DDA waiver documentation standards.
Service logs must explicitly track the start and end times of respite care to support 15-minute unit billing in LTSSMaryland.
- Service Plan: DDA requires a program service plan detailing the agency's service delivery model
- Quality Assurance: Written quality assurance plan approved by DDA
- Service Logs: Attendance log with in and out times, signed by the nurse and caregiver
- Insurance: Proof of Workers' Compensation and Commercial General Liability Insurance
8. Billing, Rates and Claims
Claims are submitted through the LTSSMaryland Provider Portal based on authorizations generated from the participant's Person-Centered Plan (PCP).
Rates are established by the DDA Rate System and vary based on the level of care and whether the service is billed in 15-minute increments or daily rates.
- Billing System: LTSSMaryland Provider Portal
- Unit of Service: Typically billed in 15-minute increments or daily rates depending on the authorization
- Rate Setting: Established by the DDA Rate System; providers must accept Medicaid rates as payment in full
- Prior Authorization: Services must be included in the participant's DDA Person-Centered Plan (PCP) and authorized in LTSSMaryland before delivery
9. Approval Sequence and Timeline
The critical path to becoming a billing provider requires completing each agency's process in a strict sequence.
Attempting to apply for DDA certification before OHCQ licensure is complete will result in immediate rejection.
- Step 1: SDAT Registration (1-2 weeks)
- Step 2: OHCQ RSA License Application and Survey (3-6 months)
- Step 3: Medicaid ePREP Enrollment (30-60 days)
- Step 4: DDA Provider Certification Application (60-90 days)
10. Common Denials and Survey Findings
Applications are frequently delayed when providers fail to submit DDA-specific business and quality assurance plans.
During OHCQ surveys, the most common citations involve incomplete personnel files and lapsed background checks.
- Policy Deficiencies: Failure to submit a DDA-compliant Quality Assurance Plan
- Staffing Records: Missing primary source verification of Maryland Board of Nursing licenses
- Background Checks: Allowing staff to provide care before CJIS results are fully cleared
- Insurance Lapses: Failure to maintain continuous Workers' Compensation or Commercial General Liability coverage
11. Key Contacts and Resources
Providers must interact with multiple state portals and division websites to maintain compliance.
Official guidance is updated regularly through DDA transmittals and OHCQ provider alerts.
- OHCQ RSA Licensing: https://health.maryland.gov/ohcq/Pages/Residential-Service-Agencies.aspx
- DDA Provider Enrollment: https://health.maryland.gov/dda/Pages/Provider-Enrollment.aspx
- Maryland ePREP Portal: https://eprep.health.maryland.gov
- Maryland Board of Nursing: https://mbon.maryland.gov
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