Maryland Administrative Code

.14 Pharmacy Services. A. Pharmacy services for freestanding medical facility patients may be provided by: (1) The facility's affiliated hospital; or (2) A contracted pharmacy. B. The freestanding medical facility that does not have 24-hour a day, 7-day a week outpatient pharmacy…

.15 Access to Emergency Medical Services. An emergency medical facility shall meet the requirements of the Maryland Institute for Emergency Medical Services Systems to be eligible to accept patients through the Emergency Medical System.

.16 Transfer of Patients. A. The freestanding medical facility shall have pre-arranged transfer agreements with facilities that are capable of providing definitive care appropriate for the nature and severity of the patient's illness or injury. B. Patient transfers shall be consi…

.17 Medical Records. A. The freestanding medical facility shall ensure that staff members develop a legible and appropriate medical record for each patient who visits the facility for treatment. B. Security and Disclosure of Medical Information. The freestanding medical facility …

.18 Nourishing Snacks. A freestanding medical facility shall maintain a supply of nourishing snacks for patients who may require them. The facility shall provide appropriate storage facilities, including refrigeration for the nourishing snacks.

.19 Infection Control. The freestanding medical facility shall comply with the U.S. Centers for Disease Control and Prevention guidelines for standard precautions and the federal Occupational Safety and Health Administration/Maryland Occupational Safety and Health, Bloodborne Pat…

.20 Equipment and Supplies. The freestanding medical facility shall have equipment and supplies available consistent with the “Suggested Equipment and Supplies for Emergency Departments,” ACEP Policy Statement: Emergency Department Planning and Resources Guidelines, pages 7—10.

.21 Physical Environment. A. Construction and Zoning. The freestanding medical facility shall comply with the following construction and zoning requirements: (1) All federal, State, and local building, construction and zoning laws; and (2) “Guidelines for Design and Construction …

.22 Emergency Preparedness. The freestanding medical facility shall develop an emergency preparedness plan to address internal and external emergencies. The emergency plan shall identify the manner by which the facility will interface with local emergency services and the affilia…

.23 Emergency Suspension. A. The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action. B. Notice of Emergency Suspension. The Department shall deliver a written notice to the licensee: (1) Informi…

.24 Sanctions. A. In addition to other penalties available under State law, the Department may impose sanctions against a freestanding medical facility that fails to comply with Health-General Article, Subtitle 3A, Annotated Code of Maryland, or the regulations of this chapter. T…

.25 Hearings. A. The licensee shall file a request for a hearing with the Office of Administrative Hearings, with a copy to the Office of Health Care Quality of the Department, not later than 30 days after receipt of notice of the Secretary's action. The request shall include a c…

.01 Scope. The provisions of this chapter apply to a health care facility which is licensed as a comprehensive or extended care facility under COMAR 10.07.02. These facilities are generally known as “nursing facilities”. Failure to comply with the regulations of this chapter is g…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Abuse of a Resident. (a) “Abuse of a resident” means: (i) The nontherapeutic infliction upon a resident of physical pain or injury, for example, striking a resident; or (ii…

.03 Resident's Representative. A. A nursing facility or nursing facility's agent shall recognize the authority of: (1) A guardian of the person under Estates and Trusts Article, §13-705, Annotated Code of Maryland; (2) A guardian of the property under the Estates and Trusts Artic…

.04 Admission Procedures and Requirements. A. At the time of admission of a resident, and whenever information changes during the resident's stay, the nursing facility shall notify the resident and, when applicable, a representative or interested family member, in writing and ora…

.05 Admission Prohibitions. A. The acts in §B of this regulation are admission prohibitions. B. A nursing facility may not: (1) Require or solicit, as a condition of admission into the nursing facility, the signature of an individual other than the applicant on the application or…

.06 Admission Contract Required. A. Before or upon admission, a nursing facility and applicant or, when applicable, the applicant's agent, shall execute an admission contract which has been approved by the Department. B. If the Department has approved a model contract, a nursing …

.07 Third-Party Signature on Admission Contract. A. If a facility requires an individual, other than the applicant or resident, to sign the admission contract, the conditions of Regulation .05B(1) of this chapter shall be met. B. If an agent, as defined in Regulation .02B(3) of t…

.08 Resident's Rights and Services. A. A nursing facility shall provide care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect, and in full recognition of the resident's individuality. B. A nursing facility may not inte…

.09 Implementation of Residents' Bill of Rights. A nursing facility shall: A. Ensure that: (1) The rights of residents as set forth in the Residents' Bill of Rights are protected, including but not limited to informing each resident of the resident's right to select a physician a…

.10 Resident Transfers and Discharges. A. A nursing facility may not involuntarily transfer or discharge a resident from the nursing facility unless the: (1) Transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the nursing facili…

.11 Involuntary Discharge or Transfer of a Resident. A. In addition to the provisions of Regulation .10 of this chapter, a facility may not involuntarily discharge or transfer a resident unless, within 48 hours before the discharge or transfer, the facility has: (1) Provided or o…

.12 Resident Relocation and Bed Hold. A. Notification of Resident Relocation Within a Facility. (1) Except in emergency situations or when it is documented in the resident's record that a resident's physical, clinical, or psychological well-being would be jeopardized, a nursing f…

.13 Hearings for Transfers and Discharges, and Establishment of an Escrow Account. A. A resident may request a hearing within 30 days of receiving a notice of an intended involuntary transfer or discharge as provided in Regulation .10C of this chapter. B. Except in an emergency o…

.14 Physical and Chemical Restraints. A. Physical restraints may be used only: (1) As an integral part of an individual medical treatment plan; (2) If absolutely necessary to protect the resident or others from injury; (3) If prescribed by a physician or administered by another h…

.15 Abuse of Residents. A. A nursing facility shall develop and implement policies and procedures prohibiting abuse and neglect of residents. B. A nursing facility may not knowingly employ an individual who has been convicted of abusing or neglecting a resident or who has had a f…

.16 Complaint Procedure. A. A resident, the resident's representative, or an interested individual has the right to: (1) Make a complaint about the nursing facility; (2) Recommend a change in facility policy and procedure; and (3) Be free from reprisal, restraint, interference, c…

.17 Personal Property of Residents. A. Personal Possessions. (1) A resident has the right to retain and use personal possessions, including furnishings and appropriate clothing as space permits, unless to do so would be detrimental to the rights or health and safety of other resi…

.18 Protection of a Resident's Personal Funds. A. A resident has the right to: (1) Manage the resident's financial affairs; or (2) Choose any person who is willing to handle the resident's financial affairs. B. Except as authorized by being appointed representative payee, a nursi…

.19 Records of Resident Personal Funds. A. Records. For all resident funds entrusted to a nursing facility, the facility shall: (1) Maintain an individual record for the funds of each resident, which includes the following information regarding each fund transaction: (a) The date…

.20 Misuse of Resident's Funds. A. A person may not misappropriate a resident's assets or income, including spending the resident's assets or income against or without the resident or resident's agent's consent, except as permitted by Regulation .19B(4) of this chapter. B. A pers…

.01 Purpose. The purpose of these regulations is: A. To promote the interests and general well-being of all patients of home health agencies providing service within the State; B. To protect those interests by a public declaration of support for a patient's bill of rights; and C.…

.02 Definitions. A. All terms used in these regulations shall have the same meaning as those used in the Act. B. Terms Defined. (1) “Administrator” means an individual who has had: (a) Formal education in health services or administration, as evidenced by being a: (i) Physician, …

.03 Application for a License. A. The applicant shall file an application for a license to operate a home health agency on forms provided by the Department. B. The application for licensure shall contain the name and address of each officer and director of the home health agency.…

.04 General Licensure Provisions. A. A person, partnership, corporation, or association, or any State or local government or agency thereof, may not conduct, operate, or maintain a home health agency in the State without being licensed by the Department. A license is valid for 1 …

.05 Inspections. A licensed home health agency 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 residents, for inspection by the Department or by any other agency designated by the Depart…

.06 Administrative Enforcement. A. When a home health agency fails to comply with these regulations, the Department may: (1) Deny any application for a license; (2) Suspend or revoke a license; or (3) Issue a provisional license. B. Revocation, suspension, denial, or issuance of …

.07 Notice to Patients. The home health agency shall notify each patient or the patient's authorized representative, the patient's attending physician, and any third-party payers at least 30 days before the voluntary surrender of its license, or as directed under an order of deni…

.08 Posting of License. A. The home health agency shall conspicuously post its license in its office and in each of its branch offices. The license shall be posted as to be viewable by the general public. B. In branch offices, the license shall be accompanied by a Departmental st…

.09 Governing Authority. A. The home health agency shall have a duly constituted governing body, or designated persons so functioning, with full legal authority, responsibility, and accountability for its operation. B. Adoption of By-laws. (1) The governing body shall adopt writt…

.10 Personnel. A. All professional personnel employed by or conducting business with a home health agency shall be licensed or duly authorized to conduct the business under the laws and regulations of the State. B. The home health agency shall have written policies on qualificati…

.11 Staff Supervision and Training. A. The Administrator shall appoint a full-time employee as a “service director” to provide general supervision and direction of the professional services offered by the home health agency. The service director, who shall be a physician, registe…

.12 Clinical Records. A. A clinical record shall be maintained for each patient in accordance with accepted professional standards, including, at a minimum: (1) All pertinent diagnoses; (2) Name, address, and telephone number of physicians; (3) Physician's orders, including speci…

.13 Program Review and Evaluation. A. The home health agency shall establish policies and procedures for self-evaluation of its programs. These should include, at a minimum: (1) Evaluations of staffing patterns to assure adequacy and appropriateness of service delivered; (2) An a…

.14 Patient's Bill of Rights. A. The home health agency shall provide each patient, client, or designated representative with a written statement affirming the agency's representatives support of a patient's bill of rights, including: (1) Upon request, a written statement of serv…

.15 Tuberculosis Screening. A. Certification of paid and unpaid personnel under Regulation .09E shall occur not later than 10 days after the beginning of service. Certification shall be accomplished in one of the following four ways as specified in §A(1)—(4), of this regulation: …