COMAR 10.09.54.17. Covered Services — Dietitian and Nutritionist Services

A. Dietitian and nutritionist services shall include:

(1) The provision of nutrition care plan outcomes and approaches;

(2) Nutrition care planning, nutrition assessment, and dietetic instruction; and

(3) Services within the scope of practice of the nutritionist's or dietitian's license, as defined by:

(a) Health Occupations Article, Title V, Annotated Code of Maryland; and

(b) Regulations under COMAR 10.56 for the Board of Dietetic Practice.

B. Dietitian and nutritionist services may not include services rendered:

(1) On a group basis or in a classroom setting; or

(2) To participants residing in a licensed assisted living facility.

C. The services shall be:

(1) Covered if the participant's medical condition requires the judgment, knowledge, and skills of a licensed nutritionist or licensed dietitian;

(2) Targeted to the individualized needs of the participant, rather than being of general interest;

(3) Sensitive to the educational background, culture, religion, eating habits and preferences, and general environment of the participant; and

(4) Specified in the participant's plan of service as necessary to:

(a) Ensure the participant's health and safety; and

(b) Prevent the participant's institutionalization or hospitalization.

D. The initial assessment and counseling following a rehabilitative or hospital stay shall be performed in person.

E. If family members are unable to participate fully in the service when delivered via telehealth, the provider shall perform the service in person.

F. Except as provided in §§D and E of this regulation, dietitian and nutrition services may be rendered via telehealth.