Maryland Administrative Code

.03 Distribution of State Matching Funds. A. For fiscal year 2013 and each subsequent fiscal year, each subdivision shall receive, at a minimum, the amount of State matching funds distributed in fiscal year 2012 for local health services. B. The annual formula adjustment and any …

.04 Requirement for Local Matching Funds. A. As to appropriations referenced in Health-General Article, §2-302, Annotated Code of Maryland, local matching funds shall be required as a condition of any distribution to a subdivision. B. Local Share Match Requirement. (1) The local …

.05 Submission of Local Health Department Budget for Local Health Services. A. An operating budget to implement each local health department's projects for the next fiscal year, funded partially or wholly from funds provided through local health services, shall be prepared in suf…

.06 Procedures and Conditions. A. Purpose of Expenditure. State funds and local matching funds may only be expended if the activity to be funded is: (1) The responsibility of the local health officer, the Secretary, or the Secretary of the Environment, as established by the gener…

.01 Scope. It is the policy of the Maryland Department of Health to determine the ability of recipients of services, responsible relatives, and other chargeable persons to pay for in-patient or in-residence services to individuals in State-operated facilities. These regulations s…

.02 Definitions. A. “Adjusted gross monthly income” means gross monthly income less allowable deductions as set forth in Regulation .04C(5), of this chapter. B. “Assets” means all accumulated personal wealth over which a person has the authority or power to liquidate his interest…

.03 Determination of the Ability of a Recipient of Services to Pay. A. A recipient of services' primary liability-to-pay in-patient charges established in accordance with COMAR 10.02.01.04 shall be determined by conducting a financial investigation of the individual's income, ass…

.04 Determination of the Ability of a Responsible Relative to Pay. A. Investigation of Financial Condition. (1) A responsible relative's ability to pay will be determined by an investigation of the financial condition of the person or persons to be held liable for payment for the…

.01 Purpose. The purpose of this chapter is to prescribe standards, policies, and procedures for the auditing of grants and contracts of the Maryland Department of Health with vendors, providers of service, and local health departments.

.02 Scope. A. This chapter shall apply to all contracts and grants made by the Maryland Department of Health with private vendors, grantees, and local health departments for which an audit is provided as described in State Finance and Procurement Article, §7-404, Annotated Code o…

.03 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) “Contract” means a formal agreement between the Maryland Department of Health and a provider of services to conduct a program or perform specified services for a consideration. (2) “Expendi…

.04 Agency Responsibility. A. The Secretary of Health shall provide for a periodic examination of the accounts and records of grantees and local health departments receiving funds under contracts and grants with the Department. In addition, periodic audits shall be conducted of t…

.05 Grantee Responsibility. A. The grantee, provider, and local health departments shall provide full disclosure of all accounting, financial, and other records as needed, to the Audit Division during regular business hours of the audited organization. B. The grantee, provider, a…

.01 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) “Agreement” means a legal document setting forth the rights and responsibilities of the Department and the vendor. (2) “Department” means the Maryland Department of Health. (3) “Human Servi…

.02 Manual. A. The Department may enter into an agreement with a vendor to provide human services. B. The agreement shall specify that the Department and the vendor comply with requirements and procedures set forth in the “Human Services Agreements Manual”, which is incorporated …

.01 Scope. A. This chapter applies to all freestanding ambulatory care facilities. B. An applicant or licensee shall also comply with the regulations of one of the following chapters as appropriate: (1) COMAR 10.05.02; (2) COMAR 10.05.03; (3) COMAR 10.05.04; or (4) COMAR 10.05.05…

.02 Definitions. A. In this subtitle, the following terms have the meanings indicated. B. Terms Defined. (1) “Department” means the Maryland Department of Health. (2) “Facility” means a freestanding ambulatory care facility as defined in §B(4) of this regulation. (3) “FDA” means …

.03 License Required. A. A person may not establish or operate a freestanding ambulatory care facility without obtaining a license from the Secretary. B. License Period. A license is valid for 3 years from the date of issuance, unless suspended or revoked by the Secretary. C. A l…

.04 Licensing Procedure. A. A person desiring to operate a facility shall: (1) Be in compliance with all applicable federal, State, and local laws and regulations; (2) File an application on a written or electronic form provided by the Department; (3) Submit documentation that th…

.05 Inspections by Secretary of Health. A. Open for Inspection. A licensed facility or an entity proposing to operate such a facility shall be open during normal business hours, or any other times that the facility is serving patients, for inspection by the Department and by any …

.06 Administration. A. The licensee is responsible for the overall conduct of the facility and for compliance with applicable laws and regulations. B. Governing Body. The governing body shall identify the administrator who has been given the authority and responsibility for overa…

.07 Personnel. A. The administrator shall ensure that all personnel: (1) Receive orientation and have experience sufficient to demonstrate competency to perform assigned patient care duties; (2) Are licensed or certified by an appropriate occupational licensing board to practice …

.08 Quality Assurance Program. A. The administrator shall ensure that the facility develops and maintains a quality assurance program which includes: (1) Monitoring and evaluation of the quality of patient care; (2) Identification, evaluation, and resolution of care problems; and…

.09 Medical Records. A. The facility shall maintain a complete, comprehensive, and accurate medical record for each patient. B. Each patient's medical record shall include at least the following: (1) Patient identifier; (2) Significant medical history and results of a physical ex…

.10 Patients' Rights and Responsibilities. A. The administrator shall ensure that the facility develops and implements written policies and procedures concerning patients' rights and responsibilities. B. The facility shall make the policies and procedures available to patients, g…

.11 Physical Environment. A. The facility shall meet all federal, State, and local laws, ordinances, and regulations for construction. B. The facility shall meet all safety requirements of the National Fire Protection Association, NFPA 101 “Life Safety Code”, which is incorporate…

.12 Complaint Investigations. A. The Secretary may inspect a facility to investigate and resolve any complaint concerning patient care and safety. B. If the complaint concerns the performance of a health care practitioner or standards of practice, the Department shall refer the c…

.13 Emergency Suspension. A. The Secretary may immediately suspend a license on a finding that the public health, safety, or welfare requires emergency action. B. The Department shall deliver a written notice to the licensee informing the licensee of the emergency suspension, giv…

.14 Revocation of License. A. Revocation of License. The Secretary, for cause shown, shall notify the licensee of the Secretary's decision to revoke the facility's license. The revocation shall be stayed if a hearing is requested. B. The Secretary may revoke a license if the lice…

.15 Penalties. A. Criminal Penalty. A person who violates any provision of this chapter is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding $1,000, or imprisonment not exceeding 1 year, or both. B. Each day that a violation is continued after the fi…

.16 Hearings. A. A request for a hearing shall be filed with the Office of Administrative Hearings, with a copy to the Licensing and Certification Administration of the Department, not later than 30 days after receipt of notice of the Secretary's action. The request shall include…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Board of Nursing. (2) “Certified nurse midwife” has the meaning stated in COMAR 10.27.05.01. (3) Freestanding Birthing Center. (a) “Freestanding birthing …

.02 Incorporation By Reference. In this chapter, the following document is incorporated by reference, National Fire Protection Association (NFPA) 101 Life Safety Code (2018 Edition), which is incorporated by reference in COMAR 29.06.01.06.

.03 License Requirements. A freestanding birthing center shall only provide normal maternity care and shall meet all general licensing requirements for a facility as provided in COMAR 10.05.01 and all requirements of this chapter.

.04 Licensing Procedure. A. An applicant shall submit: (1) An application on a written or electronic form provided by the Department; (2) All other reasonable documents as required by the Department; and (3) A business email address for the applicant or their organization. B. Lic…

.05 Inspection by OHCQ. A. A licensee operating a freestanding birthing center shall undergo a routine annual survey. B. A licensee shall allow an on-site survey by the Department at any time during the center’s normal hours of operation to evaluate the center’s compliance with t…

.06 Personnel. A. Administrator. The licensee shall appoint an administrator of the freestanding birthing center who is responsible for the: (1) Daily administration of the center; and (2) Training and supervision of all nonprofessional staff, unlicensed staff, and volunteers. B.…

.07 Clinical Practice Guidelines. A. The clinical director and director of midwifery shall develop clinical practice guidelines for the management of routine and emergency care of the patient and the fetus or newborn during pregnancy, birth, and postpartum through discharge, whet…

.08 Consultation. A licensed direct-entry midwife, licensed certified midwife, certified nurse midwife, or physician shall consult or collaborate with another health care practitioner who has the knowledge, skills, and expertise to manage a clinical issue, as needed or as require…

.09 Referral System. A licensed direct-entry midwife, licensed certified midwife, certified nurse midwife, or physician shall refer and transfer patients with complications beyond their scope of practice to a health care practitioner with the knowledge, skills, and experience to …

.10 Hospitalization. A. A freestanding birthing center shall have a written procedure for the transfer of patients to a nearby hospital when care beyond the capabilities of the facility is required. B. Procedures for emergency transfer to a hospital shall include, at minimum: (1)…

.11 Quality Assurance Program. A. A freestanding birthing center shall develop and implement a quality assurance program. B. A freestanding birthing center shall collect the following evaluative data in addition to that required in COMAR 10.05.01.08: (1) Number of births; (2) Int…

.12 Physical Plant. A. Bedrooms. A freestanding birthing center shall: (1) Locate bedrooms so as to provide unimpeded, rapid access to an exit of the building where emergency transportation vehicles may be accommodated; (2) Have bedrooms that can accommodate: (a) A double bed or …

.13 Fire Safety and Emergency Preparedness. A. Fire Safety Protection. (1) Smoke Alarms. A freestanding birthing center shall place smoke alarms on each floor and at points as recommended by the State Fire Marshal or local fire authority. A freestanding birthing center shall have…

.14 Equipment. A. Equipment and furnishings shall be constructed of materials that are easily cleaned and maintained and shall include, at a minimum: (1) A heat source for infant examination or resuscitation; (2) A transfer isolette or demonstrated capability of ready access to a…

.15 Health Record. A. In addition to meeting the requirements of this regulation, a freestanding birthing center shall comply with the requirements of COMAR 10.05.01.09. B. The health record of each patient shall contain documentation of all services provided while the patient an…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Freestanding Facility Operating Major Medical Equipment. (a) “Freestanding facility operating major medical equipment” means a facility using major medical equipment. (b) “…