Maryland Administrative Code

.04 Violations. A. A person that violates this chapter is subject to: (1) For a first violation, a civil penalty not exceeding $1,000; and (2) For any subsequent violation, a civil penalty not exceeding $2,500 for each violation. B. In addition to the civil penalties described in…

.01 Scope. A. This chapter establishes regulations that prohibit the import, sale, or offering for sale of juvenile products, mattresses, upholstered furniture, or reupholstered furniture containing more than 0.1 percent of flame-retardant chemical by mass. B. This chapter does n…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Adult mattress” means any mattress other than a toddler mattress, a crib mattress, or any other infant sleep product. (2) “Flame-retardant chemical” means a chemical that:…

.03 Prohibition of Flame-Retardant Chemicals in Consumer Products. A. This regulation does not apply to: (1) An electronic component, or the casing for an electronic component, of a juvenile product, a mattress, upholstered furniture, or reupholstered furniture; (2) A component o…

.04 Complaints and Investigations. A. The Secretary or the Secretary’s designee may investigate conditions relative to the enforcement of this chapter. B. The person in charge of an establishment shall permit the Secretary or the Secretary’s designee to enter an establishment dur…

.05 Violations. A. If a person willfully violates this chapter, the Secretary may assess a civil penalty: (1) For a first violation after receiving a letter of reprimand, not exceeding $2,500; (2) For a second violation, not exceeding $5,000; (3) For a third violation, not exceed…

.06 Request for Hearing. A. In order to preserve a right to a hearing on a violation and penalty of this chapter, a person shall submit a written request to the Department for a hearing, if a hearing is desired, within 10 days of receipt of the notice of violation and penalty. B.…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means an individual who has applied for, or is in the process of applying for, Kidney Disease Program enrollment and has not yet been certified as an eligible r…

.02 Program Application Process. A. A Maryland resident diagnosed with end-stage renal disease may apply for certification with the Program. B. An applicant, or the applicant's representative, shall complete a written application on the form designated by the Program. C. Applicat…

.03 Recipient Eligibility and Certification for Program Participation. A. To be eligible for enrollment in the Program an applicant shall: (1) Be a resident of Maryland and one of the following: (a) A citizen of the United States, (b) A qualified alien, as specified in §C of this…

.04 Program Participation Fee. A. A recipient whose family income exceeds 175 percent of the poverty income guidelines or whose family liquid assets exceed 200 percent of the poverty income guidelines, or both, at the time of initial application or reapplication is required to pa…

.05 Preauthorization. A. The following procedures or services require preauthorization: (1) Treatment that is provided outside of Maryland; (2) Pre-renal transplant dental services; (3) Ancillary supplies for home intravenous antibiotic therapy; (4) Durable medical equipment and …

.06 License Requirements. A. A pharmacy may not qualify as a provider without first having obtained a permit from the Department pursuant to Health Occupations Article, Title 12, Annotated Code of Maryland, or from the appropriate agency in the state in which the pharmacy is loca…

.07 Provider Reimbursement. A. To qualify as a provider, a pharmacy shall: (1) Maintain a permit from the Department pursuant to Health Occupations Article, Title 12, Annotated Code of Maryland, or from the appropriate agency in the state in which the pharmacy is located; (2) To …

.08 Limitations. A. The Program does not cover a drug if: (1) The manufacturer has not provided the same rebate to the Kidney Disease Program as that provided for State-Only Pharmacy Assistance recipients’ purchases of drugs as is required under §1927(c) of Title XIX of the Socia…

.09 Payment Procedures. A. A provider shall submit the request for Program payment for services rendered to a recipient according to procedures established by the Program and in the form designated by the Program. B. The Program reserves the right to return to the provider, befor…

.10 Informal Reconsiderations and Hearings. A. Informal Reconsideration. (1) An applicant, recipient, or provider dissatisfied with a decision, action, or inaction of the Department under this chapter shall be granted an opportunity for an informal reconsideration of the matter. …

.11 Program Recovery and Reimbursement. A. The Department shall seek recovery in all cases when Program benefits have been incorrectly paid. B. The Department shall accept reimbursement when voluntarily offered by a current or former recipient or someone acting on the recipient's…

.12 Conflict with Regulations of the Kidney Disease Commission. Pursuant to Health-General Article, §13-308(e), Annotated Code of Maryland, the Department is authorized, after consulting with the Commission, to adopt these regulations. Accordingly, these regulations supersede any…

.01 Scope. A. This chapter governs the procedure for the involuntary admission of individuals to inpatient mental hygiene facilities, including State facilities, private psychiatric facilities, acute general hospitals with inpatient psychiatric units, and Veterans' Administration…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Behavioral Health Administration. (2) “Administrative law judge (ALJ)” means an individual in the Office of Administrative Hearings who is author…

.03 Application for Involuntary Admission (IVA). A. An applicant for IVA shall: (1) Have a legitimate interest in the welfare of the individual for whom IVA is sought; (2) Submit an application on the form required by: (a) The Veterans' Administration, if the application is submi…

.04 Physician’s, Psychologist’s or Psychiatric Nurse Practitioner’s Certificate for Involuntary Admission (IVA). A. The following shall be submitted when initiating the IVA of an individual: (1) An application for IVA completed under the provisions of Regulation .03 of this chapt…

.05 Notice of Status and Rights. A. If an individual is confined on observation status in an inpatient facility on the basis of an application and certificates for IVA, staff at the inpatient facility shall inform the individual of the individual's status and rights: (1) By givin…

.06 Notice of Hearing. A. Staff at an inpatient facility shall inform an individual of the individual's right to an IVA hearing in accordance with the requirements for providing Notice of Status and Rights delineated in Regulation .05 of this chapter. B. Staff shall give the Noti…

.07 Observation Status. A. Upon a properly executed application executed in accordance with Regulation .03 of this chapter and certificates for IVA and all required attachments in accordance with Regulation .04 of this chapter, an inpatient facility that accepts individuals who a…

.08 Schedule of IVA Hearings. A. Initial Hearing. (1) When an individual is confined on observation status in an inpatient facility on the basis of application and certificates for IVA, inpatient facility staff shall: (a) Schedule a hearing to take place within 10 days of the ind…

.09 Conduct of IVA Hearings. A. Powers and Duties of ALJ. An ALJ from the OAH shall conduct a hearing at the inpatient facility according to the rules of procedure outlined in COMAR 28.02.01. B. Location. Unless the ALJ, for good cause, relocates a hearing, the hearing shall take…

.10 Evaluation Following ALJ Release. If an individual is released from an inpatient facility by an ALJ under the provisions of Regulation .09G(3) of this chapter, and the individual’s treating physician, psychologist, or psychiatric nurse practitioner determines, based on the in…

.11 Discharge of an Involuntarily Admitted Individual and Referral for IVA in Another Inpatient Facility. Unless an individual is discharged from one State inpatient facility and referred for IVA in another State inpatient facility: A. When an inpatient facility discharges an ind…

.01 Definitions. A. “Adolescents” means persons 13 to 18 years old. B. “Board” means the executive authority and policy-making group which operates a psychiatric day treatment center for mentally ill persons. C. “Children” means persons younger than 13 years old. D. “Consumer” me…

.02 General Provisions. A. Program Approval. Psychiatric day treatment services which are under the auspices of a psychiatric unit located in a licensed psychiatric hospital or under the auspices of a psychiatric unit of a licensed acute general hospital shall be reviewed and app…

.03 Admission Policies. A. Criteria for admission shall be established for types of patients the program is designed to benefit, the goals and objectives of treatment, and the means by which these goals and objectives will be accomplished. B. Admission criteria may not discrimina…

.04 Discharge Policies. Criteria for discharge shall be established and shall be available for use by the utilization review committee. Discharge criteria may include, but not be limited to, symptomatic improvement; readiness for participation in voluntary, educational, or vocati…

.05 Records. A. Clinical records shall contain sufficient information to identify the patient clearly, to support the diagnosis, to justify the treatment plan, and to document the results accurately. B. A clinical record shall be established for every person admitted to a day tre…

.06 Staff. A. Professional and paraprofessional staff shall be adequate to carry out the treatment program. B. Minimum requirements for the staff are as follows: (1) The staff of a psychiatric day treatment program shall be a multi-disciplinary team, including a psychiatrist, a r…

.07 Medications. Medications shall be stored separately in locked facilities and dispensed by qualified staff, in conformity with Health Occupations Article, §12-301, Annotated Code of Maryland.

.08 Organizational and Administrative Structure. A. Any corporation delivering day treatment services shall have a valid charter of incorporation. B. Every day treatment program shall have a mechanism to assure community and consumer participation in the establishment of policies…

.09 Process of Approval and Appeal. A. The Mental Hygiene Administration shall be responsible for approving the programmatic aspects of the day treatment services. Approval shall be issued on the basis of a formal scheduled site visit by a designated evaluation team of the Admini…

.10 Physical Plant. A. Location. The premises on which a psychiatric day treatment center is to be located shall be served by a good road. Accessible public transportation is desirable. B. Communication. There shall be at least one telephone readily available — not a pay station …

.01 Scope. A. These regulations shall apply to every individual admitted either voluntarily or involuntarily to any inpatient mental health facility licensed by, or under the jurisdiction of, the Maryland Department of Health. These regulations may not apply to institutions for t…

.02 Definitions. A. “Active treatment” means the regular participation by a patient in professionally developed and supervised activities, experiences, or therapies based on an individual treatment plan. B. “Department” means the Maryland Department of Health. C. “Mental health p…

.03 Content and Nature of Individual Treatment Plan. A. The individual treatment plan is a comprehensive and thoughtfully written plan based on an initial diagnostic impression and an overall evaluation of the patient's specific needs and problems. It includes an inventory of the…

.04 Severability. If any section or provision of these regulations is declared unconstitutional or void by any court of competent jurisdiction, or its applicability to any person or circumstances is held invalid, the constitutionality or validity of the remainder of these regulat…

.01 Scope. This chapter establishes the licensing procedure for group homes for adults with mental disorders.

.02 Definitions. A. In this chapter, terms have the meanings stated in COMAR 10.21.17. B. Definition of Group Home. (1) “Group home” means a community-based residential program that provides services: (a) For individuals who have been or are under treatment for a mental disorder;…

.03 Admission Standards. A. A group home may admit an individual if the individual: (1) Has a mental disorder; (2) Because of the mental disorder, requires residential services for assistance and support in community living; (3) Has the ability to understand and states, in writin…