Regulations

The Behavioral Health Administration’s regulations are included in COMAR Title 10, Department of Health and Mental Hygiene; Subtitles:
For a complete list of regulations scheduled for repeal under subtitles 21 and 47, please click here​.

2018 Regulatory Review​

In accordance with the Regulatory Review and Evaluation Act (RREA), State Government Article, §§10–130 — 10–139, the Maryland Department of Health is required to review any current regulation that has not been newly adopted or comprehensively amended in the past 8 years or that is not federally mandated.
The Behavioral Health Administration is responsible for the COMAR subtitles listed below that are scheduled for RREA review this year.  These chapters are being posted to invite public comment on the current regulations.  Specifically, stakeholders are invited to review the regulations and provide comments and feedback that ensure the regulations are necessary, supported by statutory authority and judicial opinion, or not otherwise obsolete or in need of amendments. This posting is to assist the Behavioral Health Administration in identifying interested stakeholders and to ensure participation in the review process.

The COMAR Regulations required to be reviewed:

COMAR 10.21.01—10.21.06
COMAR 10.21.08—10.21.13 
COMAR 10.21.15—10.21.30 

10.47.01—10.47.05 

Click here​ to view the July 20, 2018 Maryland Register Regulatory Review and Evaluation Act Notice. 
All comments must be submitted by August 31, 2018 to Lisa N. Fassett, Policy and Regulations Analyst, Behavioral Health Administration, 55 Wade Avenue, Dix Building SGHC, Catonsville, Maryland 21228 or by email to bha.regulations@maryland.gov.​​

Variances

”Variance” means a temporary alternative approved by the Behavioral Health Administration to satisfy the intent of a regulatory mandate. 

The Behavioral Health Administration:
  • may not grant a variance that would endanger the health or safety of the individuals served;
  • does not have the authority to grant a variance for any accreditation standard; and
  • does not have the authority to grant a variance for COMAR 10.09 regarding the reimbursement of services through Medicaid.


Resources


 

Contact Us

For questions regarding regulations or variances, please contact:

Lisa N. Fassett
Policy and Regulations Analyst
Office of Government Affairs and Communications
410–402–8449