# COMAR 10.09.33.08: COMAR 10.09.33.08. Limitations > Maryland · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_08 ## Section - **Citation:** COMAR 10.09.33.08 - **Heading:** COMAR 10.09.33.08. Limitations - **Jurisdiction:** Maryland - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Code of Maryland Regulations / Title 10 MARYLAND DEPARTMENT OF HEALTH / Subtitle 09 MEDICAL CARE PROGRAMS / Chapter 33 Health Homes / COMAR 10.09.33.08 ## Text A. An eligible individual may not receive services from a health home provider that is not the individual’s PRP, MTS, or OTP provider. B. Health home services do not restrict or otherwise affect: (1) Eligibility for Title XIX benefits or other available benefits or programs, except as limited by §E of this regulation ; (2) The freedom of a participant to select from all available services for which the participant is found to be eligible; or (3) A participant’s free choice among providers in the Medical Assistance Program. C. The Department may not reimburse the health home provider for: (1) Activities that have already been billed to or counted towards a service requirement for another Medical Assistance Program or other program; (2) Activities not consistent with the definition of health home services under this chapter; (3) Activities delivered as part of institutional discharge planning that are not comprehensive transitional care services delivered by the health home; (4) A participant’s health home monthly rate more than once per month; (5) A participant’s health home monthly rate when the intake encounter is utilized by the provider as one of the two required monthly service encounters; (6) A participant’s health home monthly rate when the provider counts two encounters as having the same date of service, unless: (a) The modality of the two encounters is different because one was an individual encounter and one was a group encounter; or rticipant’s health home monthly rate when the intake encounter is utilized by the provider as one of the two required monthly service encounters; (6) A participant’s health home monthly rate when the provider counts two encounters as having the same date of service, unless: (a) The modality of the two encounters is different because one was an individual encounter and one was a group encounter; or (b) The encounters are distinguishable by both the time at which they were rendered and the subject matter discussed; or (7) The health home monthly rate when the two required services were both rendered as group services. D. The Department may not reimburse for monthly health home services unless the individual receiving health home services: (1) Is Medicaid eligible at the time of service delivery and engaged in treatment or rehabilitation with either OTP or PRP or MTS services; (2) Is enrolled as a health home member at the billing health home provider; and (3) Has received a minimum of two health home services in the stated month that has been documented in the ASO system. E. Reimbursement will not be made for health home services if the participant is receiving a comparable service under another Medical Assistance Program or other program. F. A participant’s health home provider may not be the participant’s family member. ## Nearby sections - [COMAR 10.09.33.01 COMAR 10.09.33.01. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_01.md) - [COMAR 10.09.33.02 COMAR 10.09.33.02. Licensing Requirements](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_02.md) - [COMAR 10.09.33.03 COMAR 10.09.33.03. Participant Eligibility](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_03.md) - [COMAR 10.09.33.04 COMAR 10.09.33.04. Conditions for Health Home Provider Participation](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_04.md) - [COMAR 10.09.33.05 COMAR 10.09.33.05. Health Home Provider Staff](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_05.md) - [COMAR 10.09.33.06 COMAR 10.09.33.06. Covered Services](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_06.md) - [COMAR 10.09.33.07 COMAR 10.09.33.07. Health Home Participant Flow](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_07.md) - [COMAR 10.09.33.08 COMAR 10.09.33.08. Limitations](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_08.md) - [COMAR 10.09.33.09 COMAR 10.09.33.09. Payment Procedures](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_09.md) - [COMAR 10.09.33.10 COMAR 10.09.33.10. Recovery and Reimbursement](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_10.md) - [COMAR 10.09.33.11 COMAR 10.09.33.11. Cause for Suspension or Removal and Imposition of Sanctions](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_11.md) - [COMAR 10.09.33.12 COMAR 10.09.33.12. Appeal Procedures](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_12.md) - [COMAR 10.09.33.13 COMAR 10.09.33.13. Interpretive Regulation](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_13.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_10_09_33_08. Check the current official text before relying on it. Not legal advice.