Maryland Administrative Code

.19 Opioid Treatment Service. An opioid treatment service is one that: A. Complies with the requirements of 42 CFR §8; B. Is under the direction of a medical director who is a physician and: (1) Has at least 3 years of documented experience providing services to persons with subs…

.20 Mobile Crisis Team Programs. A. Definition. (1) In this regulation, the following term has the meaning indicated. (2) Term Defined. “Program” means the site and service combination which is recognized through licensure to offer an organized system of activities performed for …

.21 Behavioral Health Crisis Stabilization Center (BHCSC) Program. A. Definition. (1) In this regulation, the following term has the meaning indicated. (2) Term Defined. “Program” means the site and service combination which: (a) Is recognized through licensure to offer an organi…

.01 Scope. This chapter sets forth descriptions of, criteria for, and licensing requirements for, three specific programs that provide residential community-based behavioral health services. These programs shall comply with COMAR 10.63.01—.02, 10.63.04, and 10.63.06. Residential …

.02 Covered Programs. This chapter applies to the following programs: A. Group Homes for Adults with Mental Illness; B. Residential Crisis Services (RCS) program; and C. Residential Rehabilitation Program (RRP).

.03 Group Homes for Adults with Mental Illness. A. In order to be licensed under this subtitle, a group home for adults with mental illness shall: (1) Meet the definition in Health-General Article, §10-514 (b), (d), and (e), Annotated Code of Maryland; (2) Provide a home-like, su…

.04 Residential Crisis Services (RCS). In order to be licensed under this subtitle, a residential crisis services program: A. Shall provide short-term mental health treatment and support services in a structured environment for individuals who require 24-hour supervision due to a…

.05 Residential Rehabilitation Program (RRP). In order to be licensed under this subtitle, a residential rehabilitation program (RRP) shall: A. Serve individuals with a mental disorder; B. Be operated by a licensed PRP-A; C. Lease or own the RRP sites; D. Be approved by BHA for R…

.06 Application Requirements for a Residence to be Operated by a Program. A program seeking a license under this subtitle for a residential site shall submit to the CSA or LBHA a completed application that: A. Is on the form required by the Administration with all required docume…

.07 Residential Site Requirements. A program licensed to provide community-based behavioral health residential services under this chapter shall ensure that: A. All areas of a residence, including storage areas: (1) Are safe; (2) Clean; and (3) Free of hazards and clutter; B. A r…

.01 Scope. This chapter sets forth the descriptions of, and the criteria for, community behavioral health programs that are permitted to operate in Maryland so long as they have valid and current non-accreditation-based licenses under this subtitle. The program shall also meet th…

.02 Requirements for Non-Accreditation Based Licenses. To operate in Maryland, the programs described in this chapter shall have a valid and current non-accreditation-based license to provide community-based behavioral health services.

.03 Covered Programs. This chapter applies to the following programs: A. Substance-Related Disorder Assessment and Referral Program; B. DUI Education Program; and C. Early Intervention Level 0.5 programs.

.04 Substance-Related Disorder Assessment and Referral Program. To be licensed under this subtitle, a substance-related disorder assessment and referral program shall: A. Be operated by a State or local government entity; B. Provide a comprehensive assessment of an individual’s c…

.05 DUI Education Program. To be licensed under this subtitle, a DUI education program shall: A. Provide services to individuals convicted under Transportation Article, §21-902, Annotated Code of Maryland, and ordered under Criminal Procedure Article, §6-219, to attend an educati…

.06 Early Intervention Level 0.5 Program. To be licensed under this subtitle, an early intervention level 0.5 program shall: A. Provide services to individuals: (1) Who meet the ASAM Criteria for level .05; (2) For whom a diagnosable substance-related disorder is not documented; …

.07 Requirements for Programs Requiring Non-Accreditation-Based Licenses. A. The provisions of this regulation apply to a program with a community-based behavioral health license that does not require accreditation. B. Participant Rights. (1) A program shall: (a) Treat each parti…

.01 Scope. This chapter sets forth the processes governing application for accreditation-based and non-accreditation-based licenses to provide community-based behavioral health services, issuance and parameters of the license, and sanctioning of licensees.

.02 License Application Process for All Community-Based Behavioral Health Programs. A. An applicant for a license, whether accreditation or non-accreditation-based, to provide community-based behavioral health services shall: (1) Use the application form required by the Departmen…

.03 Additional Application Requirements for Licenses Requiring Accreditation. A. In addition to the application requirements for all community-based behavioral health services licenses, the provisions of this regulation apply to all applicants for licenses to provide community-ba…

.04 Additional Application Requirements for Licenses Not Requiring Accreditation. A. In addition to the application requirements for all community-based behavioral health services licenses, the provisions of this regulation apply to all applicants for licenses to provide communit…

.05 Issuance and Duration of Accreditation-Based and Non-Accreditation-Based Licenses. A. If the Department’s designated approval unit determines that a program is eligible for a license to provide community-based behavioral health services, whether accreditation-based or non-acc…

.06 Denial of License to Provide Community-Based Behavioral Health Services. A. The Department may deny a license to provide community-based behavioral health services to: (1) An applicant, if the Department’s designated approval unit determines that the application does not meet…

.07 License Modification. A. A program may not change its program sites by adding, closing, or moving locations without prior approval from the Department’s designated approval unit. B. To request a change in its program sites by adding, closing, or moving locations, a licensed p…

.08 Waivers and Variances. A. Waivers. The Administration may not grant waivers of: (1) The requirements of any regulation adopted under this subtitle; or (2) Any accreditation standard. B. Variances. (1) If a program is licensed under this chapter, the Administration may grant a…

.09 Sale or Transfer of License to Provide Community-Based Behavioral Health Services. A. The license of a program to provide community-based behavioral health services shall be valid only for the program and address for which the license is issued. B. If the sale or transfer of …

.10 Discontinuation of Program Operations. A. If a program licensed to provide community-based behavioral health services intends to discontinue operations, the program director shall, no less than 60 calendar days before the program intends to discontinue operations, submit to t…

.11 Summary Suspension. A. Upon finding that a program licensed under this chapter has violated a regulation and that the public health, safety, or welfare imperatively requires emergency action, the Department may order the immediate suspension of the license of the program and …

.12 Notice of Deficiencies. A. If the Department determines that a program licensed under this chapter has violated any provision of this chapter, but does not summarily suspend the program, the Department’s designated approval unit shall provide the program with a notice of defi…

.13 License Revocation. A. If the Department’s designated approval unit determines that a program licensed under this chapter has violated a requirement of this chapter, the Department may revoke the license. B. If the Department’s designated approval unit determines that the pro…

.14 Intermediate Sanctions. A. If the Department determines that a program licensed under this chapter has violated a requirement of this subtitle, the Department’s designated approval unit may take one or more of the following actions: (1) Prohibit the program from serving any a…

.15 Directed Plan of Correction. A. If the Department determines that a program licensed under this chapter has violated any requirement of this chapter, the Department’s designated approval unit may impose a directed plan of correction, in addition to any intermediate sanctions …

.16 Settlement Agreement. A. The Department may enter into a settlement agreement with a program licensed under this chapter that has violated a requirement of this chapter, establishing specific conditions for continued operation, including time limits for compliance. B. A settl…

.17 Initiation of Receivership. The Secretary or designee may take action to initiate receivership of a program licensed under this chapter, pursuant to Health-General Article, §§19-333—19-339, Annotated Code of Maryland.

.18 Civil Money Penalties. A. Notwithstanding any penalty that may be imposed under the Civil False Claims Act, pursuant to Health-General Article, §2-611, Annotated Code of Maryland or other statute, the Department may impose a civil monetary penalty on a person for: (1) Operati…

.19 Program’s Right to a Hearing on Proposed Sanctions. A. A program licensed under this chapter that is aggrieved by the proposal of the Department’s designated approval unit to take any of the following actions may appeal the Department’s decision by filing a request for an adm…

.20 Hearing Procedures. A. If the Department’s designated approval unit proposes to take an action listed in Regulation .19 of this chapter, the Department shall deliver a written notice of the proposed action to the program director, in accordance with the provisions of COMAR 10…

.21 Deadlines and Effective Dates of this Chapter. A. Accreditation-based Licenses. The following shall apply for programs that are required by law and this chapter to be accredited to be licensed: (1) A program may not operate on or after April 1, 2018 without a license; (2) To …

.01 Scope. A. This chapter establishes a pilot program for outpatient civil commitment (OCC) to allow for the release of individuals who are involuntarily committed for inpatient treatment under Health-General Article, §10-632, Annotated Code of Maryland, on the condition of admi…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Behavioral Health Administration and its agents or designees. (2) “Administrative law judge (ALJ)” means an individual in the Office of Administr…

.03 Pilot Program. A. The Department authorizes the Administration to create a program to provide community-based treatment to individuals with mental disorders who were: (1) Admitted to an inpatient facility under Health-General Article, Title 10, Annotated Code of Maryland; and…

.04 Length of Time of the Pilot Program. The program and the regulations under this chapter shall end on the expiration of the federal grant program funding.

.05 Admission Criteria. A. To be involuntarily admitted to the program, an individual shall meet the following criteria: (1) Have a mental disorder; (2) Be 18 years old or older; (3) Be an eligible resident; (4) Have had two or more involuntary inpatient facility admissions in th…

.06 Application for Admission. A. The administrative head of an inpatient facility may submit an application to the Administration for admission to the program of an individual who is committed to the inpatient facility under Health-General Article, §10-632, Annotated Code of Mar…

.07 Application Approval and Development of Treatment Plan. A. Within 3 business days from receiving an application for admission, the Administration shall: (1) Determine whether the individual meets the criteria for admission to the program; (2) Determine whether the program is …

.08 Schedule of Hearing, Notice of Hearing, and Rights. A. If the application for admission to the program has been approved, the inpatient facility staff shall: (1) Schedule a hearing with the Office of Administrative Hearings; (2) Notify the legal service provider that the hear…

.09 Hearing. A. Within 10 business days from the Administration’s approval of the program application, a hearing shall be held by the Office of Administrative Hearings to decide if the patient meets the program admission requirements of this chapter. B. The hearing may be postpon…