Maryland Administrative Code

.04 Scope of Exemption. The Secretary may exempt a health care practitioner from the prohibition on self-referral pursuant to Health Occupations Article, §1-302(d)(5), Annotated Code of Maryland, in accordance with this chapter.

.05 Request for Exemption. A. A health care practitioner who has or wishes to have a beneficial interest in a health care entity may request from the Secretary an exemption from the self-referral laws. B. In order for a health care practitioner to obtain an exemption by the Secre…

.06 Timetable for the Secretary's Action. A. The Secretary shall make the required determinations within 90 calendar days following receipt of a health care practitioner's request for exemption. B. The Secretary shall request advice from the Executive Director of the MHCC as to w…

.07 Renewal of Exemption. A. The term of an exemption shall be in conjunction with a health care practitioner's professional license renewal and shall be renewed at the same time the health care practitioner's professional license is renewed. B. The exemption expires at the end o…

.01 Scope. A. This chapter applies to medical records and protected health information held by health care providers practicing in Maryland, their agents, and their records management service. B. This chapter does not supersede any federal or State laws or regulations that exceed…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Divisible” means a medical record that is amenable to separation or division after the expiration of the retention time stated in Regulation .04 of this chapter. (2) Healt…

.03 Incorporation by Reference. In this chapter, the following documents are incorporated by reference: A. 45 CFR Part 160, as amended; and B. 45 CFR Part 164, as amended.

.04 Maintenance of Medical Records. A. A health care provider shall develop and maintain a records retention schedule compatible with the requirements of Regulations .04—.07 of this chapter. B. Except as provided in Regulations .06 and .07 of this chapter, a health care provider …

.05 Disposal of Medical Records. A. A health care provider shall maintain a medical record in accordance with the records retention schedule and may dispose of the record when the minimum retention requirements as described in Regulation .04B of this chapter have been met. B. For…

.06 Instructions for Handling Medical Records Upon Discontinuation of Medical Practice. A. At the time a health care provider discontinues medical practice, the health care provider shall immediately secure the medical records until one of the following options are taken: (1) Med…

.07 Prerequisites for Early Destruction of Medical Records. Medical records that have not met the retention requirements of Regulation .04 of this chapter, may be destroyed only if: A. In the case of an adult, notification is sent by first-class mail to the last known address of …

.08 Enforcement. A. For entities and individuals not regulated by the Office of Health Care Quality or the appropriate health occupations board, the Secretary shall have the authority to investigate any complaint concerning medical records that are covered by this chapter. By let…

.09 Penalties. A. Damages. As provided in Health-General Article, §4-403(g)(1), Annotated Code of Maryland, a health care provider, record management service, or other person who knowingly violates any provision of Health-General Article, Title 4, Subtitle 4, is liable in court f…

.01 Scope. This chapter applies to entities regulated by the Office of Food Protection and the Office of Healthy Homes and Communities.

.02 Fees. The following fees are established by the Secretary: A. Annual permit or inspection fee for: (1) Bobtailer — $50; (2) Bulk milk hauler/sampler — $50; (3) Certified industry dairy farm inspector — $10; (4) Distribution station — $25; (5) Farmstead cheese processor — $100…

.01 Scope. This chapter: A. Prohibits inappropriate sexual behavior in covered programs; and B. Adopts awareness and prevention training and reporting requirements regarding inappropriate sexual behavior that a covered program shall fulfill in order to be licensed by the Departme…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Admission” means the process by which an individual is accepted as a resident or patient in a State facility and includes the physical act of the individual entering the S…

.03 Covered Program Policies. A. This regulation applies to the following covered programs as defined in Regulation .02 of this chapter: (1) State facilities; (2) Vocational and day service programs; (3) Psychiatric rehabilitation programs for adults and minors; (4) Residential r…

.04 Training Requirements. A. This regulation applies to the following covered programs as defined in Regulation .02 of this chapter: (1) State facilities; (2) Vocational and day service programs; (3) Psychiatric rehabilitation programs for adults and minors; (4) Residential reha…

.05 Mandatory Reporting Requirements. A. This regulation applies to the following covered programs as defined in Regulation .02 of this chapter: (1) Non-State operated residential treatment centers for emotionally disturbed children and adolescents; (2) Vocational and day service…

.06 Reporting Requirements for State Facilities. A. This regulation applies to State facilities. B. For purposes of this regulation, “discovery” means staff observes, receives a complaint from an individual or other source, or otherwise has reason to believe that inappropriate se…

.07 Additional Requirements for State Facilities. A. This regulation applies to State facilities. B. Screening and Prevention Policies. (1) The facility shall adopt and enforce written policies and procedures for ensuring the facility screens for, and takes reasonable steps to mi…

.08 Internal Complaint Process. A. This regulation applies to the following covered programs as defined in Regulation .02 of this chapter: (1) Vocational and day service programs; (2) Psychiatric rehabilitation programs for adults and minors; (3) Residential rehabilitation progra…

.09 Confidentiality. State and federal confidentiality laws and regulations shall govern the redisclosure of information disclosed in all actions taken upon a report or complaint of inappropriate sexual behavior.

.10 Effective Date. This chapter is effective January 1, 2015.

.01 Scope. A. This chapter applies to the collection by the Maryland Department of Health of a quality assessment, pursuant to Health-General Article, §19-310.1, Annotated Code of Maryland, to be paid on a quarterly basis by nursing facilities subject to the assessment. B. All am…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Assessment” means the quality assessment paid on a quarterly basis by each nursing facility subject to this chapter, determined by the Department for each facility based u…

.03 Collection of Nursing Facility Quality Assessment. A. On or before the 60th day after each quarter of the State fiscal year, each nursing facility subject to the quality assessment shall pay the specified amount into a bank account established under the authority of the State…

.01 Scope. This chapter sets out the Medical Orders for Life-Sustaining Treatment (MOLST) form, instructions, and certain related procedures and requirements developed by the Maryland Department of Health, in conjunction with the Board of Physicians and the Maryland Institute for…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Advance directive” has the meaning stated in Health-General Article, §5-601(b), Annotated Code of Maryland. (2) “Assisted living program” has the meaning stated in COMAR 1…

.03 Nature and Contents of the MOLST Form and Instructions. The content of the form and the form’s instructions are as follows: FORM AT END OF CHAPTER.

.04 Use of the MOLST Form. A. Definitions. (1) In this regulation, the following terms have the meanings indicated. (2) Defined Terms. (a) “Completing a MOLST form” means: (i) Certifying, when applicable, the bases for the orders contained therein; (ii) Completing section one for…

.05 Resolving Conflicts Between MOLST Forms. A. If the medical records of a patient contain more than one MOLST form, the orders contained in the most recent MOLST form shall be followed unless and until the form is updated. B. If MOLST forms completed on different dates contain …

.06 Reproduction and Alteration of the MOLST Form. A. A health care provider may freely copy, store electronically, and subsequently print or otherwise reproduce the form. B. A health care provider may not alter the contents or format of the form.

.07 Immunity. A health care provider that, in good faith, authorizes the provision, withholding, or withdrawing of treatment in furtherance of orders contained in a MOLST form is entitled to the immunity provided under Health-General Article, §5-609, Annotated Code of Maryland.

.01 Purpose. The purpose of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants is to improve health care access for all Marylanders by recruiting and retaining health care providers in areas of Maryland with health care professional shortages t…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Department” means the Maryland Department of Health. (2) “Education loan” has the meaning stated in Health-General Article, §24-1701, Annotated Code of Maryland. ​ (3) “El…

.03 Program Eligibility. A. Eligibility. To be eligible for the program the individual shall: (1) Meet the licensure requirements set forth in §B of this regulation; (2) Be a United States citizen or national; (3) Be liable and personally owe educational debt; (4) Have a valid em…

.04 Application Procedures. A. By the published deadlines, on the form designated by the Department, an applicant shall: (1) Submit a complete application to the Department; (2) Facilitate submission of application components by all contributors; and (3) Submit any supporting doc…

.05 Participant Selection. A. The Department shall: (1) Assess applicant eligibility based on documentation received by the published deadline; (2) Require from an applicant additional documentation or use independent verification means to verify information in the application; a…

.06 Award Distribution. A. The distribution of Program awards shall be based on the funding prioritization in accordance with Health-General Article, §24–1704(b), Annotated Code of Maryland. B. The Department shall prioritize funding for the repayment of education loans in accord…

.07 Participant Obligation. A. A participant shall provide the Department with required documentation including: (1) Lender verification of education loan balance; (2) Documentation of employer verification; (3) A signed Promissory Note that includes: (a) The disbursement methods…

.08 Verification of Service Obligation Fulfillment. A. The Department shall verify annually during Program participation, the participant’s compliance with: (1) The Program Promissory Note; (2) The Service Obligation Agreement; and (3) Any subregulatory guidelines developed by th…

.09 Breach of Agreement and Penalties. A. A participant's failure to comply with the Service Obligation Agreement and Promissory Note shall constitute a breach of agreement with the Department. B. A final year medical resident who fails to begin a service obligation at the start …

.10 Amendments to a Participant’s Service Obligation. A. Practice Site Transfer. (1) The Department may consider practice site transfer requests during a participant’s service obligation period. (2) A participant shall submit a site transfer request to the Department for consider…

.01 Purpose. The purpose of the Maryland Loan Assistance Repayment Program for Nurses and Nursing Support Staff is to improve access to care for all Marylanders by recruiting and retaining health care providers in health care professional shortage areas of Maryland through the pr…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Department” means the Maryland Department of Health. (2) “Education loan” has the meaning stated in Health-General Article, §24-1901, Annotated Code of Maryland. ​ (3) “El…