Maryland Administrative Code

.61 Criminal Penalties. A. Operating Without a License. (1) A person may not knowingly and willfully operate, maintain, or own an assisted living program without a license. (2) A person who violates §A(1) of this regulation is guilty of a felony and on conviction is subject to: (…

.62 Health Care Quality Account. A. The Department shall establish a health care quality account in the Department for assisted living programs. B. The health care quality account shall be funded by civil money penalties paid by assisted living programs. C. The Department shall u…

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

.64 Revocation of License. A. The Secretary, for cause shown, may notify the assisted living program of the Secretary’s decision to revoke the assisted living program’s license. The revocation shall be stayed if a hearing is requested. B. The Department shall notify the assisted …

.65 Hearings. A. A request for a hearing shall be filed 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 copy of th…

.01 Definitions. A. In this chapter, the following terms have the meaning indicated. B. Terms Defined. (1) “Department” means the Maryland Department of Health. (2) “Health care facility within a correctional institution” means a specified area within the correctional institution…

.02 Application Requirements. A. Any person desiring to open a related institution or to continue the operation of a related institution shall file an application with the Secretary, on a form provided by the Secretary. B. Applications on behalf of a corporation, association, or …

.03 Fee Assessment — Repealed.

.01 Scope. The purpose of this chapter is to: A. Outline the licensing, site, and staffing requirements for a provider of limited private inpatient facility services; and B. Provide a flexible model of service delivery and oversight.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "Administration” means the Behavioral Health Administration. (2) “Department” means the Maryland Department of Health or its designee. (3) “Facility” means a limited privat…

.03 Incorporation by Reference. A. In this chapter, the following is incorporated by reference. B. Document Incorporated. “Standards for Behavioral Health Care, 2013 Edition, The Joint Commission, One Renaissance Blvd., Oakbrook Terrace, Illinois 60181”.

.04 Eligibility. A. An individual is eligible for limited private inpatient facility services if the individual: (1) Requires 24-hour inpatient mental health evaluation and treatment services but does not require acute or long-term psychiatric hospital services; and (2) Has state…

.05 Licensure Process. A. An applicant shall obtain a license from the Department before providing services. B. Initial and Renewal Licensure. In order to be licensed as a limited private inpatient facility, the facility shall: (1) File an initial application with the Department …

.06 Duration of License. A. The Secretary shall issue a license to an accredited facility for the term of the facility's accreditation. B. The Secretary shall issue a provisional license to a non-accredited facility that otherwise meets the requirements for licensure for a term n…

.07 Separate License Required. A. A separate license is required for facilities maintained on separate premises, even if both facilities are operated under the same management. B. A separate license is not required for separate buildings on the same grounds.

.08 Inspections. A. A facility shall be open to inspection by the Department at all times for the purpose of quality oversight and investigation of complaints or incidents. B. The facility’s administrative and medical records shall be available for review and for copying by the D…

.09 Complaint Investigations. A. To resolve expeditiously a complaint that alleges the existence of any non-life-threatening deficiency: (1) The Department shall refer the complaint directly to the facility; and (2) The facility shall: (a) Conduct an internal investigation into t…

.10 Facility Service Plan. A. The limited private inpatient facility shall provide services in accordance with the facility service plan submitted to and approved by the Department. B. A written facility service plan shall include at a minimum: (1) The rationale for the facility …

.11 Staffing. A. Required Staff. The facility director shall ensure that the facility’s staff is sufficient in numbers and qualifications to provide clinically appropriate services to the individuals served and includes, at a minimum: (1) A facility director that is responsible f…

.12 Physical Environment Requirements. A. A limited private inpatient facility shall have a building that: (1) Meets all relevant federal, State, or local ordinances, laws, regulations, and building codes; and (2) Provides sufficient space for group and individual therapies, dini…

.13 Emergency Procedures. A. The program shall develop an emergency plan and procedures that shall be followed in the event of an internal or external emergency. B. The emergency plan and procedures shall; (1) Be updated annually; and (2) Include: (a) Easily accessible emergency …

.14 Dietary Services. A. The facility shall ensure sufficient numbers of trained and qualified staff to meet the nutritional needs of residents served by the facility. B. Nutritional Needs. The facility shall ensure that: (1) A resident is provided three meals in a common dining …

.15 Resident’s Rights. A facility shall: A. Explain to a resident their rights as set forth in Health-General Article, Title 10, Subtitle 7, and Title 4, Subtitle 3, Annotated Code of Maryland; B. Provide, in writing, information regarding an individual’s rights as outlined in §A…

.16 Records. A. The facility shall, either manually or electronically: (1) Establish a record for a resident; and (2) Ensure that entries in the record are dated, signed, and include the signer's degree or license, or if the signer has no degree or license, the signer's staff pos…

.17 Reporting of Deaths. Upon the death of an individual in the facility, the administrative head of the facility shall: A. Submit a written report to the Department within 5 working days of the death; and B. Use the form required by the Administration.

.18 Denial or Revocation of Approval. A. The Secretary may deny or revoke the license of a limited private inpatient facility that: (1) Does not comply with: (a) Health-General Article, §§10-501—10-511, Annotated Code of Maryland; (b) Health-General Article, §§10-701—10-713, Anno…

.19 Sanctions. A. If the Secretary determines serious or life-threatening resident care deficiencies exist at the limited private inpatient facility or that the facility fails to take the necessary corrective action, the Secretary may: (1) Revoke or place restrictions on the lice…

.20 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: (1) Informing the licensee of the emergency suspension…

.21 Revocation of License. A. 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 licensee: (1) Has been conv…

.22 Hearings. A. A request for a hearing shall be filed 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 copy of th…

.23 Licensure Standards Waiver. A. The Department may grant a limited private inpatient facility a waiver from the licensure requirements under Regulation .12 of this chapter with, or without, conditions. B. Application for Licensure Standards Waiver. (1) A facility shall submit …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Advanced life support” means initial resuscitation or emergency care provided to a patient with a serious illness or injury. (2) “Department” means the Maryland Department…

.02 License Required. A person may not convert to, operate, or continue the operation of an existing limited service hospital without first obtaining a license from the Secretary. A license is valid for 1 year from the date of issuance, unless revoked by the Secretary.

.03 Application Procedure. A. A person desiring to convert an existing facility, or to change the classification of an existing hospital to a limited service hospital, shall file an application with the Secretary, on a written or electronic form provided by the Secretary. B. An a…

.04 License Renewal. A. The licensee shall file an application for license renewal on a written or electronic form provided by the Secretary at least 60 days before the current license expires. B. The licensee shall include with the application for license renewal: (1) Updated do…

.05 Standards for Service. A. A facility shall comply with applicable federal, State, and local laws and regulations. B. Restriction of License—Nomenclature. A limited service hospital may not use in its title the words “emergency department”, “emergency center”, “emergency room”…

.06 Quality Assurance. A. The facility shall plan and implement 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 (3) A peer review process. B. The facilit…

.07 Risk Management Program. A. A facility shall comply with the requirements of COMAR 10.07.01.25.

.08 Utilization Review. A facility shall comply with the requirements of COMAR 10.07.01.13—.19.

.09 Physician Credentialing. A facility shall comply with the requirements of COMAR 10.07.01.24.

.10 Penalties. A. The Secretary shall deny a license to a person who has been convicted of a felony that relates to Medicaid or to a nursing home. B. The Secretary shall revoke the license of any licensee convicted of a felony that relates to Medicaid or to a nursing home. C. The…

.01 Definitions. A. In this chapter, the following words have the meanings indicated. B. Terms Defined. (1) “Commission on Accreditation of Rehabilitation Facilities” means the private, nonprofit organization formed in 1966 which has established standards of quality for rehabilit…

.02 Scope. This chapter does not apply to a home health agency or special rehabilitation hospital.

.03 Compliance Required. A comprehensive rehabilitation facility shall comply with the requirements of this chapter before the facility may provide: A. Comprehensive rehabilitation services; or B. A specialized rehabilitation program.

.04 License Provisions. A. A comprehensive rehabilitation facility license is required before a person may provide or hold itself out as providing comprehensive physical rehabilitation services in the State. B. To obtain a comprehensive rehabilitation facility license, a person s…

.05 Standards of Operation. A. A comprehensive rehabilitation facility: (1) Shall be accredited by the Commission on Accreditation of Rehabilitation Facilities; (2) May provide only those specialized rehabilitation programs that the facility has been accredited to provide by the …

.06 Records and Reports — Inspection. Licensees shall keep such records and make reports in the manner and form as the Secretary shall prescribe, and all these records shall be open to inspection by the Secretary.