reglab/housing_qa huggingface dataset:
MD. Health - General Code Ann. §  7-404.1 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 4 - Provision of Services|Section 7-404.1 - Military Families

    (a)    In this section, “legal resident” means an individual who maintains the State as the individual’s principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, the individual intends to return.    (b)    A dependent of a legal resident of the State who is determined eligible to receive services from the Administration under this title shall retain eligibility for the services:        (1)    Regardless of whether the legal resident leaves the State due to the legal resident’s military assignment outside the State; and        (2)    If the dependent is otherwise eligible for the services.    (c)    If a dependent of a legal resident is on a waiting list for services to be provided under this title, the Administration shall allow the dependent to remain on the waiting list for services while the legal resident is outside the State due to the legal resident’s military assignment outside the State.    (d)    The Administration shall reinstate services provided under this title to a dependent of a legal resident who resides with the legal resident while the legal resident is outside the State due to the legal resident’s military assignment outside the State:        (1)    On the relocation of the dependent to the State; and        (2)    If a request for services is made.
MD. Health - General Code Ann. §  7-405 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 4 - Provision of Services|Section 7-405 - Eligibility for Other Services

    (a)    Acceptance for services under this title does not affect an individual’s eligibility for services provided by any other public or private agencies.    (b)    If the Secretary determines that an individual who is eligible for services under this title also may be eligible for services provided by another agency, the Secretary shall refer the individual to that agency.
MD. Health - General Code Ann. §  7-406 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 4 - Provision of Services|Section 7-406 - Hearings

    (a)    The Secretary shall provide notice and an opportunity for a Medicaid fair hearing in accordance with Title 10, Subtitle 2 of the State Government Article and federal Medicaid law to:        (1)    An applicant for Administration Medicaid waiver services who is denied eligibility for the services;        (2)    An applicant for Administration Medicaid waiver services who contests the priority category assigned to the applicant for the services; and        (3)    A recipient of Administration Medicaid waiver services:            (i)    Whose claim for Administration Medicaid waiver services is denied or is not acted on with reasonable promptness; or            (ii)    Who believes the Administration has taken an action erroneously.    (b)    (1)    Except as provided in subsection (a) of this section, an applicant for services or a recipient of services under this title may:            (i)    Request an informal hearing before the Secretary’s designee on any action or inaction of the Secretary made under this title; and            (ii)    Request the Secretary to review the decision of the informal hearing.        (2)    After the Secretary receives a request for a review, the Secretary shall conduct the review in accordance with Title 10, Subtitle 2 of the State Government Article.
MD. Health - General Code Ann. §  7-407 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 4 - Provision of Services|Section 7-407 - Appeals

    Any person aggrieved by a final decision of the Secretary in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
MD. Health - General Code Ann. §  7-801 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 8 - Transfers|Section 7-801 - Authority of Deputy Secretary

    (a)    The Deputy Secretary may transfer an individual with developmental disability from a public residential program or a public day program to another public residential program or public day program or, if a private provider of services agrees, to that private program, if the Deputy Secretary finds that:        (1)    The individual with developmental disability either can receive better treatment in, or would be more likely to benefit from treatment at the other program; or        (2)    The safety or welfare of other individuals with developmental disability would be furthered.    (b)    The Deputy Secretary may transfer any individual with developmental disability who is a resident of another state to a residential facility in that state if the Deputy Secretary finds that the transfer is feasible.    (c)    (1)    Any finding that the Deputy Secretary makes under subsection (a) or (b) of this section shall be in writing and filed with the record of the individual with developmental disability.        (2)    A copy of the finding and the notice to the private provider of services or program to which the individual with developmental disability is being transferred shall be sent to the proponent of admission, guardian of the person, next of kin, and counsel of the individual with developmental disability.        (3)    The Deputy Secretary shall give the individual with developmental disability the opportunity for a hearing on the proposed transfer under this section. A transfer may not take place until a decision is issued as a result of the hearing.        (4)    The determination of an administrative law judge as a result of a hearing under this section is a final decision of the Department for the purpose of judicial review of final decisions under Title 10, Subtitle 2 of the State Government Article.
MD. Health - General Code Ann. §  7-802 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 8 - Transfers|Section 7-802 - Transfer to Mental Health Program

    (a)    The Developmental Disabilities Administration may ask the Behavioral Health Administration to accept primary responsibility for an individual in or eligible for admission to a State residential center, if the Developmental Disabilities Administration finds that the individual would be provided for more appropriately in a program for individuals with mental disorders.    (b)    The Behavioral Health Administration shall determine whether transfer to a mental health program is appropriate.    (c)    A dispute over a transfer of an individual from the Developmental Disabilities Administration to the Behavioral Health Administration shall be resolved, in accordance with procedures that the Secretary sets, on request of the Developmental Disabilities Administration or the Behavioral Health Administration.    (d)    The Director shall give the individual with developmental disability the opportunity for a hearing on the proposed transfer under this section.
MD. Health - General Code Ann. §  7-803 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 8 - Transfers|Section 7-803 - Facilities

    (a)    In this section, the term “facility” means an intermediate care facility–intellectual disability consistent with § 1905(d) of the Social Security Act.    (b)    A resident of a facility may not be transferred or discharged from the facility involuntarily except for the following reasons:        (1)    A medical reason;        (2)    The welfare of the resident or other residents;        (3)    Knowingly transferring personal assets in violation of a contract provision and only to become eligible for Medicaid benefits;        (4)    A nonpayment for a stay; or        (5)    The planned closing of the facility.
MD. Health - General Code Ann. §  7-901 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 9 - Licensing|Section 7-901 - "Recipient of Individual Support Services" Defined

    In this subtitle, “recipient of individual support services” means an individual who receives individual support services.
MD. Health - General Code Ann. §  7-902 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 9 - Licensing|Section 7-902 - Practice of Health Occupation Not Limited

    This subtitle does not limit the right of any person to practice a health occupation that the individual is licensed or otherwise authorized to practice under the Health Occupations Article.
MD. Health - General Code Ann. §  7-903 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 9 - Licensing|Section 7-903 - Services for Which License Required

    (a)    (1)    In addition to any other license required by law, a person shall be licensed by the Department before the person may provide services to an individual with developmental disability or a recipient of individual support services.        (2)    The Department shall adopt regulations providing for the services requiring licensure under paragraph (1) of this subsection.    (b)    (1)    If a person is licensed or certified by another State agency or accredited by an organization approved by the Secretary in accordance with § 19–2302 of this article to provide services to an individual with a developmental disability or a recipient of individual support services, the Deputy Secretary may waive the requirement for a license by the Department.        (2)    Upon a showing by the Deputy Secretary that the licensed, certified, or accredited person is out of compliance with licensing regulations adopted by the Secretary, the Deputy Secretary may revoke the waiver.
MD. Health - General Code Ann. §  7-904 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 9 - Licensing|Section 7-904 - Rules and Regulations

    (a)    The Secretary shall adopt rules and regulations for the licensing of services for an individual with developmental disability or a recipient of individual support services.    (b)    The rules and regulations shall ensure that services to an individual with developmental disability or a recipient of individual support services are provided in accordance with the policy stated in Subtitle 1 of this title.    (c)    (1)    The rules and regulations shall require that:            (i)    At least 75% of the governing body of a licensee shall be residents of the State or reside within a 100–mile radius of the administrative offices of the licensee, which shall be located in the State; and            (ii)    No employee of a licensee or immediate family member of an employee of a licensee may serve as a voting member of the governing body of a licensee unless:                1.    The employee receives services from the licensee; or                2.    The Department explicitly approves the composition of the governing body through an innovative program service plan in accordance with COMAR 10.22.02.09.F.        (2)    The requirements of paragraph (1)(i) of this subsection may be waived if a community–based advisory board or committee is established by the licensee and approved by the Department.    (d)    The rules and regulations shall also require that an applicant for a license under this section shall demonstrate to the Department the applicant’s capability to provide for or arrange for the provision of all applicable services required by this title by submitting, at a minimum, the following documents to the Department:        (1)    A business plan that clearly demonstrates the ability of the applicant to provide services in accordance with Maryland regulations and funding requirements;        (2)    A summary of the applicant’s demonstrated experience in the field of developmental disabilities, in accordance with standards developed by the Department;        (3)    Prior licensing reports issued within the previous 10 years from any in–State or out–of–state entities associated with the applicant, including deficiency reports and compliance records on which the State may make reasoned decisions about the qualifications of the applicant; and        (4)    A written quality assurance plan, approved by the Developmental Disabilities Administration, to address how the applicant will ensure the health and safety of the individuals served by the applicant and the quality of services provided to individuals by the applicant.
MD. Health - General Code Ann. §  7-905 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 9 - Licensing|Section 7-905 - Applications

    (a)    An applicant for a license shall submit an application to the Department on the form that the Department requires.    (b)    The application shall provide the information that the Department requires.
MD. Health - General Code Ann. §  7-906 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 9 - Licensing|Section 7-906 - Investigations

    When an application for a license is filed, the Department promptly shall investigate the applicant.
MD. Health - General Code Ann. §  7-907 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 9 - Licensing|Section 7-907 - Issuance and Denial

    (a)    An applicant for a license shall meet all requirements in rules and regulations adopted under § 7–904 of this subtitle to be issued a license.    (b)    The Department may deny a license:        (1)    To any entity that has had a license revoked by the Department within the previous 10 years; or        (2)    To any entity that has a corporate officer who has served as a corporate officer for an entity that has had a license revoked by the Department within the previous 10 years.
MD. Health - General Code Ann. §  7-908 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 9 - Licensing|Section 7-908 - Authority of Licensee

    A license authorizes the licensee to provide services while the license is effective.
MD. Health - General Code Ann. §  7-1001 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 10 - Rights of Individuals|Section 7-1001 - "Licensee" Defined

    In this subtitle, “licensee” means:         (1)    A person who is licensed by the Administration to provide services; and        (2)    A State residential center.
MD. Health - General Code Ann. §  7-1002 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 10 - Rights of Individuals|Section 7-1002 - "Qualified Developmental Disability Professional" Defined; Policy; Regulations; Posting and Copies of Policy

    (a)    “Qualified developmental disability professional” shall be defined by rule and regulation.    (b)    It is the policy of this State that, in addition to any other rights, each individual who receives any services provided by the Administration or by a licensee has the following basic rights:        (1)    The right to be treated with courtesy, respect, and full recognition of human dignity and individuality;        (2)    The right to receive treatment, services, and habilitation in the most integrated setting that is available, adequate, appropriate, and in compliance with relevant laws and regulations;        (3)    The right to be free from mental and physical abuse;        (4)    The right to be free from chemical restraints, except for minimal restraints that a physician authorizes, in writing, for a clearly indicated medical need and makes a permanent part of the individual’s record;        (5)    The right to be free from physical restraints except for minimal restraints that are authorized in writing and made a permanent part of the record by a physician or qualified developmental disability professional and which are clearly indicated for the protection of the individual with developmental disability or others;        (6)    The right to privacy;        (7)    The right to worship as the individual chooses;        (8)    The right to an accounting of any funds of the individual; and        (9)    The right to be informed of all of the most integrated setting service options licensed through the Administration.    (c)    The Secretary shall issue regulations to enforce the rights enumerated in subsection (b) of this section.    (d)    Each licensee shall:        (1)    Post, conspicuously in a public place, the policy stated in this section;        (2)    Give a copy of the policy:            (i)    On admittance, to the individual;            (ii)    To the guardian, next of kin, or sponsoring agency of the individual; and            (iii)    To a representative payee of the individual;        (3)    Keep a receipt for the copy that is signed by the person who received the copy; and        (4)    Provide appropriate staff training to carry out the policy.
MD. Health - General Code Ann. §  7-1004 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 10 - Rights of Individuals|Section 7-1004 - Infringement of Right to Vote or Receive, Hold, and Dispose of Property

    An individual may not be deprived of the right to vote or to receive, hold, and dispose of property solely because the individual has developmental disability or receives services under this title.
MD. Health - General Code Ann. §  7-1005 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 10 - Rights of Individuals|Section 7-1005 - Abuse

    (a)    (1)    In this section, “abuse” means:            (i)    Any physical injury that is inflicted willfully or with gross recklessness;            (ii)    Inhumane treatment; or            (iii)    Any of the following kinds of sexual abuse:                1.    A sexual act, as defined in § 3–301 of the Criminal Law Article;                2.    Sexual contact, as defined in § 3–301 of the Criminal Law Article; or                3.    Vaginal intercourse, as defined in § 3–301 of the Criminal Law Article.        (2)    In this section, “abuse” does not include:            (i)    The performance of:                1.    An accepted medical procedure that a physician orders;                2.    An accepted behavioral procedure that a licensed psychologist or psychiatrist, as appropriate, orders; or            (ii)    An action taken by an employee that complies with applicable State and federal laws and applicable Department policies on the use of physical intervention.    (b)    (1)    In addition to any other reporting requirement of law, a person who believes that an individual with developmental disability has been abused promptly shall report the alleged abuse to the executive officer or administrative head of the licensee.        (2)    The executive officer or administrative head shall report the alleged abuse to an appropriate law–enforcement agency.        (3)    A report to the executive officer or administrative head:            (i)    May be oral or written; and            (ii)    Shall contain as much information as the reporter is able to provide.    (c)    (1)    The law–enforcement agency shall:            (i)    Investigate thoroughly each report of an alleged abuse; and            (ii)    Attempt to ensure the protection of the alleged victim.        (2)    The investigation shall include:            (i)    A determination of the nature, extent, and cause of the abuse;            (ii)    The identity of the alleged abuser or abusers; and            (iii)    Any other pertinent fact or matter.    (d)    As soon as possible, but no later than 10 working days after the completion of the investigation, the law–enforcement agency shall submit a written report of its findings to the State’s Attorney, the Deputy Secretary, the State–designated protection and advocacy agency, and the executive officer or administrative head of the licensee.    (e)    The Administration shall maintain a central registry of abuse reports and their disposition and shall take appropriate remedial action.    (f)    A person shall have the immunity from liability described under § 5–625 of the Courts and Judicial Proceedings Article for:        (1)    Making a report under this section;        (2)    Participating in an investigation arising out of a report under this section; or        (3)    Participating in a judicial proceeding arising out of a report under this section.
MD. Health - General Code Ann. §  7-1007 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 10 - Rights of Individuals|Section 7-1007 - Licensee Required to Provide Information on Request

    On request, the licensee shall give to the Deputy Secretary or a designee of the Deputy Secretary:        (1)    Any information that the licensee has about an individual served by the licensee;        (2)    Access to the records of the licensee;        (3)    Access to any individual served;        (4)    Access to the records of individuals served by the licensee; and        (5)    Access to any part of the premises of the licensee.
MD. Health - General Code Ann. §  7-1008 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 10 - Rights of Individuals|Section 7-1008 - Records -- Required

    (a)    (1)    Each licensee shall keep complete records for each individual who is served by the licensee under this title.        (2)    The record shall contain all of the information that is required by this title or the Administration.    (b)    A licensee shall keep records in a secure area and available for the inspection by any person with the right of access to the records under this title.
MD. Health - General Code Ann. §  7-1009 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 10 - Rights of Individuals|Section 7-1009 - Records -- Disclosure

    Within 14 days after an individual with developmental disability asks a licensee for information about its records on that individual, the licensee shall advise the individual, in writing, about the records and the procedures for their disclosure.