reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part V - Receivership of Nursing Homes and Community Programs › Section 19-338 - Funding; Liens

(a)    The Secretary shall determine whether the receivership can be funded by State funds previously designated for the community program. In the event that previously designated funds are available, these funds shall be used for the operation of the receivership.
(b)    In the event that there are insufficient funds to operate the receivership, the Secretary may petition the Board of Public Works for sufficient funds to operate the receivership.
(c)    (1)    State funds used to operate a receivership under this section shall be a lien on the community program and its assets if the receiver files a notice of the lien that contains:
(i)    The amount of the lien;
(ii)    The name of the community program to which the lien attaches; and
(iii)    A description of the assets of the community program that are affected by the lien.
(2)    The receiver shall file the notice of lien with:
(i)    The land and chattel records of the county where the sites operated by the community program are located; and
(ii)    The Department of Assessments and Taxation.
(3)    A lien under this subsection:
(i)    Extends to the property of the community program that is described in the notice of lien; and
(ii)    Has priority over any lien or other interest that attaches after the date of the completion of the filings required under this subsection.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part V - Receivership of Nursing Homes and Community Programs › Section 19-339 - Termination of Receivership

(a)    (1)    The owner or operating entity or receiver of a nursing home or community program may petition the court to terminate the receivership.
(2)    The court shall terminate the receivership, if the court finds:
(i)    The grounds for appointment of the receiver under Part V of this subtitle no longer exist; or
(ii)    The nursing home or community program is ready to be closed because all residents have been moved.
(b)    A receivership ends automatically 1 year after the court appoints the receiver, unless the court:
(1)    Terminates the receivership sooner; or
(2)    On petition of the Secretary, extends the receivership for an additional 1-year period because the court finds that the grounds for appointment of a receiver under Part V of this subtitle still exist.
(c)    The sale of a nursing home or site for a community program or any of its assets does not terminate a receivership of the nursing home or community program.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-343 - Related Institutions

(a)    In this section and §§ 19–344, 19–345, 19–345.1, 19–345.2, and 19–345.3 of this subtitle, “facility” means a related institution that, under the rules and regulations of the Department, is a comprehensive care facility or an extended care facility.
(b)    (1)    The General Assembly intends to promote the interests and well–being of each resident of a facility.
(2)    It is the policy of this State that, in addition to any other rights, each resident of a facility has the following basic rights:
(i)    The right to be treated with consideration, respect, and full recognition of human dignity and individuality;
(ii)    The right to receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant State and federal laws, rules, and regulations;
(iii)    The right to privacy;
(iv)    The right to be free from mental and physical abuse;
(v)    The right to notice, procedural fairness, and humane treatment when being transferred or discharged from a facility;
(vi)    The right to participate in decision making regarding transitions in care, including a transfer or discharge from a facility;
(vii)    The right to expect and receive appropriate assessment, management, and treatment of pain as an integral component of the patient’s care;
(viii)    The right to be free from physical and chemical restraints, except for restraints that a physician authorizes for a clearly indicated medical need;
(ix)    The right to receive respect and privacy in a medical care program; and
(x)    The right to manage personal financial affairs.
(c)    Each facility shall:
(1)    Post, conspicuously in a public place, the policy set forth in subsection (b) of this section and the provisions in §§ 19–344(b) through (m), 19–345, and 19–346(i)(2) of this subtitle;
(2)    Give a copy of the policy and those provisions:
(i)    On admission, to the resident;
(ii)    To the guardian, next of kin, or sponsoring agency of the resident; and
(iii)    To a representative payee of the resident;
(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 and those provisions.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-345 - Transfer or Discharge of Resident

(a)    A resident of a facility may not be transferred or discharged from the facility involuntarily except for the following reasons:
(1)    The transfer or discharge is necessary for the resident’s welfare and the resident’s needs cannot be met in the facility;
(2)    The transfer or discharge is appropriate because the resident’s health has improved sufficiently so that the resident no longer needs the services provided by the facility;
(3)    The health or safety of an individual in a facility is endangered;
(4)    The resident has failed, after reasonable and appropriate notice, to pay for, or under Medicare or Medicaid or otherwise, to have paid for a stay at the facility; or
(5)    The facility ceases to operate.
(b)    (1)    A Medicaid certified facility may not:
(i)    Include in the admission contract of a resident any requirement that, to stay at the facility, the resident will be required to pay for any period of time or amount of money as a private pay resident for any period when the resident is eligible for Medicaid benefits; or
(ii)    Transfer or discharge a resident involuntarily because the resident is a Medicaid benefits recipient.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, a Medicaid certified facility is presumed to be transferring or discharging a resident in violation of this subsection, if the resident is or becomes eligible for Medicaid benefits.
(ii)    A Medicaid certified facility is not presumed to be transferring or discharging a resident in violation of this subsection for transferring or discharging a resident for nonpayment for services while the resident was ineligible for assistance under the medical assistance program.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-345.3 - Penalties

(a)    The Secretary may impose a civil money penalty not to exceed $10,000 for:
(1)    Each violation by a facility of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle; or
(2)    Each willful or grossly negligent violation by a resident’s agent or legal representative of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle.
(b)    If a civil money penalty is imposed under this section, the facility or agent or legal representative of the resident shall have the right to appeal from an order imposing the civil money penalty in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    (1)    A resident, resident’s agent, or resident’s attorney, or the Attorney General on behalf of the resident, who believes that an involuntary discharge or transfer that violates the requirements of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle is imminent or has taken place may request injunctive relief from a circuit court.
(2)    In an action brought by the Attorney General under this subsection, the Attorney General may request that the court impose a civil penalty not to exceed $100,000 for each violation by a facility of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-347.1 - Mandatory Reporting of Inappropriate Sexual Behavior in Private Residential Treatment Centers

(a)    In this section, “inappropriate sexual behavior” has the meaning stated in COMAR 10.01.18.02.
(b)    A privately owned and operated residential treatment center shall be subject to the reporting requirements established by the Department under COMAR 10.01.18.05 that apply when a staff member observes, receives a complaint regarding, or otherwise has reason to believe that an individual has been subjected to inappropriate sexual behavior.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-348 - Examination for Cervical Cancer; Mammography Educational Materials

(a)    (1)    Each hospital shall offer to each adult female inpatient of the hospital a Papanicolaou smear for detection of cervical cancer unless:
(i)    The attending physician orders otherwise; or
(ii)    The patient has had the examination within the preceding year.
(2)    A patient may refuse the examination.
(b)    (1)    Each hospital shall offer mammography educational materials to each female patient when medically appropriate for the patient.
(2)    The Department, in collaboration with the Maryland Hospital Association, the Medical and Chirurgical Faculty of Maryland, and appropriate advocacy groups, shall select and approve, or develop and print, and update as necessary, mammography educational materials for the purposes of paragraph (1) of this subsection.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-349 - Notice of Increase in Charges

At least 45 days before a related institution increases any fee or charge for a service of the related institution, the related institution shall give each resident or the authorized representative of the resident written notice of the amount of the increase.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-349.1 - Notice of Outpatient Status, Billing Implications, and Impact of Status

(a)    A hospital shall provide oral and written notice to a patient of the patient’s outpatient status, the billing implications of the outpatient status, and the impact of the outpatient status on the patient’s eligibility for Medicare rehabilitation services if:
(1)    The patient receives on–site services from the hospital for more than 23 consecutive hours;
(2)    The on–site services received by the patient include a hospital bed and meals that have been provided in an area of the hospital other than the emergency room; and
(3)    The patient is classified as an outpatient at the hospital for observation rather than an admitted inpatient.
(b)    The Department, in consultation with hospitals in the State, shall adopt by regulation standardized elements to be included in the written notice required under subsection (a) of this section.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-350.1 - Uniform Claims Forms

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Third party payor” means any person that administers or provides reimbursement for hospital benefits on an expense incurred basis including:
(i)    A health maintenance organization issued a certificate of authority in accordance with Subtitle 7 of this title;
(ii)    A health insurer or nonprofit health service plan authorized to offer health insurance policies or contracts in this State in accordance with the Insurance Article; or
(iii)    A third party administrator registered under the Insurance Article.
(3)    “Uniform claims form” means the claim or billing form for reimbursement of hospital services adopted by the Insurance Commissioner under § 15-1003 of the Insurance Article.
(b)    When submitting a claim or bill for reimbursement to a third party payor, a hospital shall use the uniform claims form.
(c)    The uniform claims form submitted under this section:
(1)    Shall be properly completed; and
(2)    May be submitted by electronic transfer.
(d)    The Secretary may impose a penalty not to exceed $500 on any hospital that violates the provisions of this section.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-351 - Staff

(a)    Except as provided in subsections (b) and (d) of this section, this subtitle does not affect the right of a hospital or related institution to employ or appoint staff.
(b)    (1)    A hospital or related institution that provides services that licensed podiatrists are authorized to perform under Title 16 of the Health Occupations Article, other than incidental care, shall include, in its bylaws, rules, or regulations, provisions for use of facilities by and staff privileges for qualified podiatrists.
(2)    The hospital or related institution may restrict use of facilities and staff privileges by podiatrists to those podiatrists who meet the qualifications that the hospital or related institution sets for granting those privileges.
(3)    The qualifications that the hospital or related institution sets for granting privileges for services that licensed podiatrists are authorized to perform under Title 16 of the Health Occupations Article shall include consideration of the training, education, and experience of the podiatrist.
(c)    (1)    A hospital or related institution shall include in its bylaws, rules, or regulations provisions for use of facilities by and staff privileges for qualified dentists.
(2)    The hospital or related institution may restrict use of facilities and staff privileges by dentists to those dentists who meet the qualifications that the hospital or related institution sets for granting those privileges.
(d)    (1)    A hospital or related institution that provides services of the type that licensed psychologists are permitted to perform under Title 18 of the Health Occupations Article shall include in its bylaws, rules, or regulations, provisions for use of facilities by and staff privileges for qualified psychologists.
(2)    The hospital or related institution may restrict use of facilities and staff privileges by psychologists to those psychologists who meet the qualifications that the hospital or related institution sets for granting those privileges.
(3)    (i)    Nothing in this subsection shall be construed to require a hospital to:
1.    Grant admitting privileges to a psychologist; or
2.    Permit the exercise of those privileges granted by the hospital board of trustees to psychologists without appropriate collaboration with the physician who has privileges to admit and attend patients in the unit of the facility where the patient is being treated and who has ongoing responsibility for the patient.
(ii)    In the event of a disagreement between the psychologist and the physician concerning the patient’s treatment, the decision of the physician who has ongoing responsibility for the patient shall govern.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-352 - Interest Penalties

(a)    In this section, “nursing home” means a related institution that is classified as a nursing home.
(b)    A nursing home may not assess an interest penalty on charges for services provided to a resident until, whichever is later in time:
(1)    45 days after the nursing home mails an itemized statement of the charges to the person responsible for payment of the charges; or
(2)    30 days after the end of the period for which the itemized statement of the charges covers.
(c)    The nursing home shall include on the itemized statement of charges a statement in bold and conspicuous print as to when interest may be assessed consistent with the provisions of subsection (b) of this section.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VI - Rights of Individuals › Section 19-353 - Statement of Right to Receive Pain Assessment, Management, and Treatment

A health care facility that is not covered under § 19-342 or § 19-343 of this subtitle shall include in a patient’s bill of rights or similar document that is provided to the patient or resident a statement that a patient or resident has the right to expect and receive appropriate assessment, management, and treatment of pain as an integral component of that patient’s or resident’s care.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VII - Prohibited Acts; Penalties; Liability › Section 19-355 - Discrimination Prohibited

(a)    In this section, “gender identity” and “sexual orientation” have the meanings stated in § 20–101 of the State Government Article.
(b)    This section does not prohibit a hospital or related institution that is licensed or otherwise regulated by the Department or a unit of the Department from refusing, withholding from, or denying any person services for failure to conform to the usual and regular requirements, standards, and regulations imposed by the licensed or regulated hospital or related institution, unless the refusal, withholding, or denial is based on discrimination on the grounds of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.
(c)    A hospital or related institution may not discriminate against any individual with respect to the individual’s medical care because of the race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability of the individual.
(d)    The Commission on Civil Rights shall enforce this section as provided in Title 20 of the State Government Article.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VII - Prohibited Acts; Penalties; Liability › Section 19-356 - Medical Referral Services

(a)    A hospital or related institution may not grant a discount to or receive a discount from any medical referral service or in any manner split fees with a medical referral service.
(b)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for the first offense and not exceeding $500 for each subsequent conviction for a violation of the same provision.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VII - Prohibited Acts; Penalties; Liability › Section 19-357 - Pharmaceutical Suppliers

(a)    A person who operates a hospital or related institution may not ask for or receive any rebate, commission, or other consideration from a pharmacy or other provider of drugs, prescriptions, or pharmaceutical services.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 and is subject to suspension or revocation of the license.
(c)    In addition to the penalties provided in subsection (b) of this section, the Department may declare a person who violates this section to be ineligible to participate in the Maryland Medical Assistance Program.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VII - Prohibited Acts; Penalties; Liability › Section 19-358 - Operating Without License or Registration Permit

(a)    A person may not operate a hospital or related institution unless issued a registration permit or licensed by the Secretary.
(b)    A hospital may not provide or hold itself out as providing comprehensive physical rehabilitation services, as defined in § 19-1201 of this title, or operate as a special rehabilitation hospital unless the hospital is classified as a special rehabilitation hospital by the Secretary.
(c)    Unless a health care facility is classified as a special rehabilitation hospital by the Secretary, a health care facility may only offer those physical rehabilitation services which are appropriate and necessary to the care, treatment, or support of the acute, chronic disease, or long-term care patient.
(d)    (1)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $10,000 for each subsequent conviction for a violation of the same provision. Each day a violation is continued after the first conviction is a subsequent offense.
(2)    The Secretary may impose a civil money penalty not to exceed $10,000 for each offense under this section.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VII - Prohibited Acts; Penalties; Liability › Section 19-359 - Regulations on Related Institutions

(a)    A person who operates a related institution in violation of the rules and regulations that the Secretary adopts for related institutions is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. Each day a violation is continued after the first conviction is a separate offense.
(b)    The Secretary may impose a civil money penalty not to exceed $10,000 for each offense under this section.
(c)    (1)    If a civil money penalty is imposed under this section or under § 19-358 of this subtitle, the Secretary shall issue an order which shall state the basis on which the order is made, the amount of the civil money penalty imposed, and the manner in which the amount of the civil money penalty was calculated.
(2)    The operator of an unlicensed hospital or an unlicensed or unregistered related institution shall have the right to appeal from the order imposing the civil money penalty in accordance with Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act - Contested Cases).
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VIII - Intermediate Sanction › Section 19-361 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “Hazardous condition” means a condition existing in a related institution that does not constitute a life-threatening, health, or fire safety deficiency, as described in § 19-328 of this subtitle, but which is a violation of departmental regulations which is likely to endanger the health, life, or safety of patients.
(c)    “Intermediate sanction” means the establishment of an escrow account by a related institution.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VIII - Intermediate Sanction › Section 19-362 - Intermediate Sanctions; Plan of Correction

(a)    (1)    An intermediate sanction may be imposed consistent with this section when a hazardous condition exists in a related institution and that condition is not remedied pursuant to the following sections.
(2)    In determining whether a hazardous condition exists, the following factors shall be considered:
(i)    The potential impact of the condition on the health, life, or safety of patients;
(ii)    The period of time during which the condition has existed;
(iii)    The frequency of occurrence of the condition; and
(iv)    The efforts made by the related institution to correct the condition.
(3)    Upon determination by the Department that a hazardous condition exists, the Department will notify the facility that a hazardous condition exists which may subject the facility to a sanction.
(b)    (1)    The Department shall order that a plan of correction which is acceptable to the Department be submitted within 10 working days.
(2)    The Department shall notify the related institution within 3 working days of receipt of the plan of correction as to whether it is or is not acceptable.
(3)    If the Department determines that the plan is not acceptable, the related institution will resubmit a revised plan within 5 working days of such notification.
(4)    The Department will schedule reinspections of the facility based on time frames established in the plan of correction.
(c)    (1)    If the Department determines that an acceptable plan of correction has not been submitted, that the hazardous condition has not been corrected, or that progress satisfactory to the Department has not been accomplished, the Department shall order the facility ownership and appropriate administrative personnel to appear before a representative of the Department.
(2)    Following the appearance, or if the facility ownership fails to appear, a decision may be issued which:
(i)    Extends the time frame in which the hazardous condition must be corrected; or
(ii)    Proposes the imposition of the sanction.
(d)    (1)    If a sanction is proposed, or if at the end of the extended time frame the hazardous condition has not been corrected, the Secretary may issue a sanction order.
(2)    The sanction order shall state the number of days within which the hazardous condition must be corrected and shall require the related institution to establish an escrow account in accordance with § 19-363 of this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VIII - Intermediate Sanction › Section 19-363 - Escrow Account

(a)    The funds in the escrow account shall be used only for the purposes of remedying the hazardous condition.
(b)    The amount of the escrow account shall be the estimated cost of correcting the hazardous condition or $5,000 whichever is greater.
(c)    The escrow account is to be established by the related institution at an authorized financial institution selected by the related institution.
(d)    Current operating funds may not be used to establish the escrow account.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VIII - Intermediate Sanction › Section 19-364 - Appeals

(a)    The related institution shall have the right to appeal from the order within 5 working days from the receipt of the order.
(b)    The appeal shall be heard by the hearings office of the Department, which shall render the final agency decision for purposes of judicial review.
(c)    Imposition of the sanction shall be stayed until the final decision is issued pursuant to subsection (m) of this section.
(d)    A hearing on the sanction shall be held within 10 working days of the request for hearing.
(e)    The parties to the hearing shall be the aggrieved related institution and the Secretary.
(f)    The parties are entitled to be represented by counsel.
(g)    The hearings office may permit, modify, or deny a timely request by the related institution for prehearing discovery.
(h)    The hearings office, upon its own motion or upon motion of either party, may subpoena any person or evidence, administer oaths, and take depositions and other testimony.
(i)    The hearing shall inquire fully into all of the matters at issue and shall receive into evidence the testimony of witnesses and any documents which are relevant and material to such matters.
(j)    The parties shall have the right to present evidence and testimony and to cross-examine that presented by the opposing party.
(k)    The purpose of the hearing is to consider and render a decision on the following matters:
(1)    The existence of a hazardous condition;
(2)    If a hazardous condition exists, the amount of money to be placed into the escrow account; and
(3)    The length of time in which the hazardous condition must be corrected.
(l)    The burdens of proof are as follows:
(1)    The related institution has the burden of proof with respect to establishing the lack of the cited deficiency or deficiencies; and
(2)    The Secretary has the burden of proof with respect to the establishment of a deficiency or deficiencies as constituting a hazardous condition.
(m)    A decision shall be rendered by the hearings office within 7 days of the hearing. The decision shall be the final agency decision of the Department, subject to appeal pursuant to § 19-367 of this part.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VIII - Intermediate Sanction › Section 19-365 - Release of Escrowed Funds

(a)    Escrowed funds may be released by the escrow agent:
(1)    If the related institution can present specific bills (vouchers) for correcting the hazardous condition which have been certified by the Secretary as appropriate; and
(2)    In the absence of bills or vouchers, the related institution has received written approval from the Secretary that the expenditure is appropriate for correcting the hazardous condition.
(b)    The escrow is terminated and the balance, if any, in the account is returned to the related institution when:
(1)    The Secretary certifies that the hazardous condition is corrected;
(2)    After the time period set by the Secretary, the Secretary certifies that adequate progress has been made toward correcting the hazardous condition; or
(3)    The related institution changes ownership.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VIII - Intermediate Sanction › Section 19-366 - Failure to Establish Escrow Account or Correct Hazardous Condition

(a)    If the related institution fails to establish the escrow account as ordered, the Secretary may petition the appropriate circuit court to require compliance with the sanction order.
(b)    If the hazardous condition is not corrected or progress acceptable to the Secretary is not made within the time frame set by the sanction order, the Secretary may:
(1)    Petition the appropriate circuit court to require the related institution to comply with the sanction order; or
(2)    Order the forfeiture of the escrowed funds and/or remove all patients and initiate procedures to revoke the related institution’s licensure in accordance with § 19–327 of this subtitle.
(c)    Upon petition to the circuit court under subsection (b)(1) of this section, and following notification to the Secretary by the circuit court that the related institution has failed to comply with a court order, the Secretary may impose further sanctions in accordance with subsection (b)(2) of this section. This sanction is in addition to all remedies otherwise available to the circuit court for enforcement of a court order.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part VIII - Intermediate Sanction › Section 19-367 - Appeal of Decision of Hearings Office

(a)    Either party aggrieved by the decision of the hearings office shall have the right to appeal that decision.
(b)    A related institution subject to a sanction shall have the right to appeal a decision by the Secretary that the hazardous condition has not been corrected or that inadequate progress has been made toward correcting the hazardous condition.
(c)    Such appeal shall be filed within 30 days of the action to be appealed.
(d)    The appeal shall be taken directly to the circuit court of the jurisdiction in which the related institution is located.
(e)    Appeal to the circuit court does not stay the imposition of the sanction.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part IX - Patient Care Advisory Committees › Section 19-370 - Definitions

(a)    In this Part IX of this subtitle the following words have the meanings indicated.
(b)    “Advice” means the recommendations of the advisory committee.
(c)    “Advisory committee” means a patient care advisory committee.
(d)    “Petitioner” means one of the following individuals who is responsible for making a decision with a medical consequence for a patient:
(1)    A patient;
(2)    A physician;
(3)    A registered nurse;
(4)    A social worker;
(5)    A family member;
(6)    A guardian;
(7)    An individual with a power of attorney to make a decision with a medical consequence for a patient; or
(8)    Any other health care practitioner directly involved in the care of the patient.
(e)    “Related institution” does not include a domiciliary care home that is operated independent of any other related institution.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part IX - Patient Care Advisory Committees › Section 19-371 - Establishment and Manner of Functioning

(a)    Each hospital and each related institution shall establish:
(1)    An advisory committee as provided in this Part IX of this subtitle; and
(2)    A written procedure by which the advisory committee shall be convened.
(b)    An advisory committee at a related institution may function:
(1)    Solely at that related institution;
(2)    Jointly with a hospital advisory committee; or
(3)    Jointly with an advisory committee representing no more than 30 other related institutions.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part IX - Patient Care Advisory Committees › Section 19-372 - Members; Persons Accompanying Petitioner

(a)    (1)    Each advisory committee shall consist of at least 4 members, including:
(i)    A physician not directly involved with the care of the patient in question;
(ii)    A registered nurse not directly involved with the care of the patient in question;
(iii)    A social worker; and
(iv)    The chief executive officer or a designee from each hospital and each related institution represented on that advisory committee.
(2)    The advisory committee may consist of as many other individuals as each represented hospital and related institution may choose, including:
(i)    Representatives of the community; and
(ii)    Ethical advisors or clergy.
(3)    As part of the advisory committee’s deliberations, the advisory committee, in appropriate cases, shall consult:
(i)    All members of the patient’s treatment team;
(ii)    The patient;
(iii)    The patient’s family; and
(iv)    In a case involving the options for medical care and treatment of a child with a life-threatening condition, a medical professional familiar with pediatric end-of-life care, if a medical professional with this expertise is not already a member of the committee.
(b)    The petitioner may be accompanied by any persons the petitioner desires.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part IX - Patient Care Advisory Committees › Section 19-373 - Additional Duties and Responsibilities of Advisory Committee

(a)    In addition to any other duties or responsibilities, and on the request of a petitioner, the advisory committee shall offer advice in cases involving individuals with life-threatening conditions.
(b)    In addition to any other duties or responsibilities, the advisory committee may:
(1)    Educate represented hospital and related institution personnel, patients, and patients’ families concerning medical decision-making; and
(2)    Review and recommend institutional policies and guidelines concerning the withholding of medical treatment.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part IX - Patient Care Advisory Committees › Section 19-374 - Advice as to Options for Individuals With Life-Threatening Conditions; Notification of Individual's Rights; Liability for Advice Given; Confidentiality

(a)    On the request of a petitioner, an advisory committee shall give advice concerning the options for medical care and treatment of an individual with a life-threatening condition.
(b)    (1)    The advisory committee shall make a good faith effort to notify a patient, a patient’s immediate family members, a patient’s guardians, and an individual with a power of attorney to make a decision with a medical consequence for a patient, of the individual’s right:
(i)    To be a petitioner;
(ii)    To meet with the advisory committee concerning the options for medical care and treatment; and
(iii)    To receive an explanation of the basis of the advisory committee’s advice.
(2)    Any information or document that indicates the wishes of the patient shall take precedence in the deliberations of the advisory committee.
(c)    An advisory committee or a member of an advisory committee who gives advice in good faith may not be held liable in court for the advice given.
(d)    A person that assists one or more hospitals or related institutions in the establishment of an advisory committee may not be held liable in court for any advice given in good faith by that person, the related institution, the advisory committee, or any member of the advisory committee and the committee and its members may not be held liable for any advice given in good faith.
(e)    (1)    The proceedings and deliberations of an advisory committee are confidential as provided in § 1-401 of the Health Occupations Article.
(2)    The advice of an advisory committee concerning a patient’s medical care and treatment shall become part of the patient’s medical record and is confidential under §§ 4-301 and 4-302 of this article.
(f)    A hospital or related institution may not be held liable in a civil action for failing to carry out the advice of an advisory committee concerning a patient’s medical care if the advice given is inconsistent with the written policies of the hospital or related institution.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part X - Safe Patient Lifting › Section 19-377 - General Consideration

(a)    In this section, “safe patient lifting” means the use of mechanical lifting devices by hospital employees, instead of manual lifting, to lift, transfer, and reposition patients.
(b)    On or before December 1, 2007, each hospital shall establish a safe patient lifting committee with equal membership from management and employees.
(c)    (1)    On or before July 1, 2008, the safe patient lifting committee shall develop a safe patient lifting policy for the hospital.
(2)    The goal of the policy shall be to reduce employee injuries associated with patient lifting.
(d)    While developing a safe patient lifting policy, the committee shall consider, based on the patient population of that hospital, the appropriateness and effectiveness of:
(1)    Developing or enhancing patient handling hazard assessment processes;
(2)    Enhanced use of mechanical lifting devices;
(3)    Developing specialized lift teams;
(4)    Training programs for safe patient lifting required for all patient care personnel at the hospital;
(5)    Incorporating physical space and construction design  for mechanical lifting devices in any architectural plans for hospital construction or renovation; and
(6)    Developing an evaluation process to determine the effectiveness of the policy.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part XI - Designation of Lay Caregivers › Section 19-380 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    (1)    “Aftercare” means any assistance provided by a lay caregiver to a patient after discharge of the patient.
(2)    “Aftercare” includes tasks that are limited to the patient’s condition at the time of discharge that do not require a licensed professional.
(c)    “Discharge” means the exit or release of a patient from inpatient care in a hospital to the residence of the patient.
(d)    “Lay caregiver” means an individual who:
(1)    Is an adult;
(2)    Is designated as a lay caregiver by a patient or the legal guardian of a patient under this part; and
(3)    Performs aftercare for the patient at the residence of the patient.
(e)    (1)    “Residence” means a dwelling that a patient considers to be home.
(2)    “Residence” does not include:
(i)    A rehabilitation facility;
(ii)    A hospital;
(iii)    A nursing home;
(iv)    An assisted living facility; or
(v)    A group home licensed by the State.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part XI - Designation of Lay Caregivers › Section 19-381 - Designation of Lay Caregivers

(a)    A hospital shall provide a patient or the legal guardian of a patient with an opportunity to designate one lay caregiver before discharge of the patient.
(b)    If a patient or the legal guardian of a patient declines to designate a lay caregiver:
(1)    The hospital shall document the decision in the patient’s medical record; and
(2)    The hospital shall be deemed to be in compliance with the provisions of this part.
(c)    If a patient or the legal guardian of a patient designates a lay caregiver, the hospital shall:
(1)    Record in the patient’s medical record:
(i)    The designation of the lay caregiver;
(ii)    The relationship of the lay caregiver to the patient; and
(iii)    The name, telephone number, and address of the lay caregiver; and
(2)    Request the written consent of the patient or the legal guardian of the patient to release medical information to the lay caregiver in accordance with:
(i)    The procedures of the hospital for releasing personal health information; and
(ii)    All applicable federal and State laws.
(d)    If a patient or the legal guardian of a patient declines to consent to the release of medical information to the lay caregiver, the hospital is not required to:
(1)    Provide to the lay caregiver the notice required under § 19–382 of this part; or
(2)    Consult with the lay caregiver or provide to the lay caregiver information contained in the discharge plan issued under § 19–383 of this part.
(e)    A patient or the legal guardian of a patient may change the designation of a lay caregiver in the event the lay caregiver becomes incapacitated.
(f)    A designation of a lay caregiver by a patient or the legal guardian of a patient under this section does not obligate an individual to perform any aftercare for the patient.
(g)    This section may not be construed to require a patient or the legal guardian of a patient to designate a lay caregiver.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part XI - Designation of Lay Caregivers › Section 19-382 - Notification of Discharge or Transfer of Patient

If a patient or the legal guardian of a patient has designated a lay caregiver under § 19–381 of this part, the hospital shall notify the lay caregiver of the discharge of the patient or the transfer of the patient to another hospital or facility licensed by the State as soon as practicable.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part XI - Designation of Lay Caregivers › Section 19-383 - Consultation With Caregiver Prior to Discharge of Patient

(a)    As soon as practicable before discharge of a patient, a hospital shall attempt to:
(1)    Consult with the patient’s lay caregiver to prepare the lay caregiver for aftercare; and
(2)    Issue a discharge plan that describes the aftercare needs of the patient.
(b)    The inability of a hospital to consult with a patient’s designated lay caregiver may not interfere with, delay, or otherwise affect the medical care provided to the patient or the patient’s discharge.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part XI - Designation of Lay Caregivers › Section 19-384 - Discharge Process -- Incorporation of Established Practices

A hospital’s discharge process may incorporate established evidence–based practices, including those described in:
(1)    Standards for accreditation adopted by The Joint Commission or another nationally recognized hospital accreditation organization; and
(2)    The Conditions of Participation for hospitals adopted by the Centers for Medicare and Medicaid Services.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part XI - Designation of Lay Caregivers › Section 19-385 - Construction of Part; Funding Not Affected

(a)    This part may not be construed to:
(1)    Affect the rights of an agent to make health care decisions under Title 5, Subtitle 6 of this article; or
(2)    Create a private right of action against a hospital, a hospital employee, or a duly authorized agent of a hospital, or otherwise supersede or replace existing rights or remedies under any other State or federal law.
(b)    No federal or State:
(1)    Funds may be used for payment of a lay caregiver; and
(2)    Program funding may be impacted by this part.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3A - Freestanding Medical Facilities › Section 19-3A-01 - "Freestanding Medical Facility" Defined

In this subtitle, “freestanding medical facility” means a facility:
(1)    In which medical and health services are provided;
(2)    That, except for a freestanding medical facility established as a result of a conversion of a licensed general hospital under § 19–120(o)(3) of this title, is physically separate from a hospital or hospital grounds;
(3)    That is an administrative part of a hospital, as defined in § 19–301 of this title; and
(4)    That meets the requirements for provider–based status under the certification for an affiliated hospital as set forth by the Centers for Medicare and Medicaid Services in 42 C.F.R. § 413.65.