reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3A - Freestanding Medical Facilities › Section 19-3A-02 - Licensing -- Regulations and Requirements

(a)    On or before January 1, 2006, the Department shall adopt regulations for licensing a freestanding medical facility that uses in its title or advertising the word “emergency” or other language indicating to the public that medical treatment for immediately life-threatening medical conditions is available at that freestanding medical facility.
(b)    The regulations shall require the freestanding medical facility to:
(1)    Be open 24 hours a day, 7 days a week;
(2)    Have available at all times:
(i)    At least 1 physician who is credentialed in emergency medicine by the hospital of which the freestanding medical facility is an administrative part;
(ii)    A sufficient number of registered nurses and other health care professionals to provide advanced life support;
(iii)    Basic diagnostic and laboratory facilities and technicians;
(iv)    Resuscitation supplies and equipment, including monitors, defibrillators, cardiac medications, intubation equipment, and intravenous line equipment;
(v)    A commercial ambulance for transport of individuals in need of hospitalization or other emergency care; and
(vi)    Emergency services to all individuals, regardless of ability to pay;
(3)    Comply with all Maryland Institute for Emergency Medical Services Systems emergency transport protocols established for the freestanding medical facility;
(4)    (i)    Comply, except in a life–threatening emergency in which compliance is not feasible or practicable, with the federal Centers for Disease Control and Prevention guidelines on universal precautions; and
(ii)    Display the notice developed under § 1–207 of the Health Occupations Article that explains the federal Centers for Disease Control and Prevention’s guidelines on universal precautions at the entrance to the freestanding medical facility;
(5)    Refrain from use of the words “emergency department”, “emergency room”, or “hospital”; and
(6)    Meet any other standard that the Secretary deems necessary to ensure the quality and safety of services provided by a freestanding medical facility.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3A - Freestanding Medical Facilities › Section 19-3A-03 - Certification -- Issuance

(a)    The Department shall issue a license to a freestanding medical facility that:
(1)    Meets the licensure requirements under this subtitle; and
(2)    Receives a certificate of need or an exemption from obtaining a certificate of need from the Maryland Health Care Commission under § 19–120 of this title.
(b)    A freestanding medical facility that uses in its title or advertising the word “emergency” or other language indicating to the public that medical treatment for immediately life–threatening medical conditions exist at that facility shall be licensed by the Department before it may operate in this State.
(c)    Notwithstanding subsection (a)(2) of this section, the Department may not require a freestanding medical facility pilot project to be approved by the Maryland Health Care Commission as a condition of licensure.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3A - Freestanding Medical Facilities › Section 19-3A-05 - Violations; Sanctions; Hearing and Review

(a)    Except as provided in subsection (b) of this section, a person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(b)    (1)    In addition to other penalties available under law, the Department may impose sanctions against a freestanding medical facility that fails to comply with this subtitle or regulations adopted under this subtitle.
(2)    The sanctions imposed by the Department under paragraph (1) of this subsection include:
(i)    A civil penalty not to exceed $10,000;
(ii)    Restrictions on the operation of the freestanding medical facility;
(iii)    A directed plan of correction; and
(iv)    Suspension or revocation of the freestanding medical facility’s license.
(c)    (1)    Except as otherwise provided under the Administrative Procedure Act, before the Department may impose sanctions under subsection (b)(2)(i), (ii), or (iv) of this section, the Department shall give the freestanding medical facility notice and the opportunity for a hearing and judicial review under the Administrative Procedure Act, as provided in Title 10, Subtitle 2 of the State Government Article.
(2)    Before the Department may impose a directed plan of correction, the Department shall give the freestanding medical facility notice and the opportunity for a prompt informal hearing with the Director of the Office of Health Care Quality.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3A - Freestanding Medical Facilities › Section 19-3A-07 - Freestanding Medical Facility Pilot Projects

(a)    There are two freestanding medical facility pilot projects that shall operate in two jurisdictions in the State.
(b)    The Department shall issue a freestanding medical facility license to:
(1)    One freestanding medical facility pilot project if:
(i)    The freestanding medical facility pilot project is established by, and will operate administratively as part of, an acute care general hospital;
(ii)    The acute care general hospital is part of a merged asset system with all of its existing Maryland acute care general hospitals located in a single jurisdiction;
(iii)    There are not more than 5 acute care general hospitals in the jurisdiction;
(iv)    One or more of the existing acute care general hospitals in the merged asset system has an emergency department volume of 75,000 or more visits for the 12 months ending June 30, 2004;
(v)    The freestanding medical facility pilot project will operate in Montgomery County;
(vi)    The capital expenditure to implement the freestanding medical facility pilot project otherwise meets the requirements of § 19–120(k)(6)(viii) of this title; and
(vii)    The freestanding medical facility pilot project meets the requirements under § 19–3A–02(b) of this subtitle; and
(2)    One freestanding medical facility pilot project if:
(i)    The freestanding medical facility pilot project is established by, and will operate administratively as part of, an acute care general hospital located in Talbot County;
(ii)    The freestanding medical facility pilot project will operate in Queen Anne’s County;
(iii)    The capital expenditure to implement the freestanding medical facility pilot project otherwise meets the requirements of § 19–120(k)(6)(viii) of this title; and
(iv)    The freestanding medical facility pilot project meets the requirements under § 19–3A–02(b) of this subtitle.
(c)    (1)    A freestanding medical facility pilot project shall provide to the Maryland Health Care Commission information, as specified by the Commission, on the configuration, location, operation, and utilization, including patient–level utilization, of the pilot project.
(2)    A certificate of need is not required for a freestanding medical facility pilot project.
(d)    The provisions of §§ 19–3A–01 through 19–3A–06 of this subtitle shall apply to a freestanding medical facility pilot project.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3A - Freestanding Medical Facilities › Section 19-3A-08 - Freestanding Medical Facilities -- Rate Setting

(a)    This section applies to all payors subject to the rate–setting authority of the Health Services Cost Review Commission, including:
(1)    Insurers, nonprofit health service plans, and health maintenance organizations that deliver or issue for delivery individual, group, or blanket health insurance policies and contracts in the State;
(2)    Managed care organizations, as defined in § 15–101 of this article; and
(3)    The Maryland Medical Assistance Program established under Title 15, Subtitle 1 of this article.
(b)    A payor subject to this section shall pay rates set by the Health Services Cost Review Commission under Subtitle 2 of this title for hospital services provided at:
(1)    A freestanding medical facility pilot project authorized under this subtitle prior to January 1, 2008; and
(2)    A freestanding medical facility licensed under § 19–3A–03 of this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3B - Freestanding Ambulatory Care Facilities › Section 19-3B-02 - License

(a)    A freestanding ambulatory care facility may not operate in the State unless the Secretary has granted the facility a license.
(b)    The Secretary shall issue a license to an applicant that meets the requirements of this subtitle and all applicable regulations adopted by the Secretary.
(c)    A license issued under this subtitle is not transferable.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3B - Freestanding Ambulatory Care Facilities › Section 19-3B-04 - Applying for License

(a)    An applicant for a license shall submit an application to the Secretary.
(b)    The application shall:
(1)    Be on a form and accompanied by any supporting information that the Secretary requires, including documentation that the Maryland Health Care Commission has determined that the freestanding ambulatory care facility either received a certificate of need or is exempt from certificate of need requirements; and
(2)    Be signed and verified by the applicant.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3B - Freestanding Ambulatory Care Facilities › Section 19-3B-05 - License Expiration and Renewal

A license does not entitle the licensee to an exemption from other provisions of law relating to:
(1)    The review and approval of hospital rates and charges by the Health Services Cost Review Commission; or
(2)    The review and approval of new services or facilities by the Maryland Health Care Commission.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3B - Freestanding Ambulatory Care Facilities › Section 19-3B-07 - Complaints

(a)    The Secretary may investigate complaints concerning the conformance of a freestanding ambulatory care facility to the requirements of this subtitle or to the regulations adopted under this subtitle.
(b)    If the complaint concerns health care practitioner performance or standards of medical practice, the complaint shall be referred to the board that licenses, certifies, or otherwise authorizes the health care practitioner under the Health Occupations Article to provide medical services.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3B - Freestanding Ambulatory Care Facilities › Section 19-3B-08 - License Revocation, Suspension, or Restriction

(a)    (1)    The Secretary may deny a license to any applicant, or suspend, restrict, or revoke a license if the applicant has been convicted of:
(i)    A felony that relates to Medicaid; or
(ii)    A crime involving moral turpitude.
(2)    The Secretary may deny a license to any applicant or may restrict, suspend, or revoke any license if the applicant does not meet the requirements of this subtitle or any regulation that the Secretary adopts under this subtitle.
(b)    (1)    Before denying, suspending, restricting, or revoking a license or a provisional license under this section, the Secretary shall provide the applicant an opportunity for a hearing.
(2)    The Secretary shall send a hearing notice to any applicant by certified mail, return receipt requested, at least 30 days before the hearing.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3B - Freestanding Ambulatory Care Facilities › Section 19-3B-09 - Penalties

(a)    A person who violates any provision of this subtitle or any regulation adopted under this subtitle is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding $1,000 or imprisonment not exceeding 1 year or both. Each day a violation is continued after the first conviction is a separate offense.
(b)    (1)    In addition to the provisions of subsection (a) of this section, the Secretary may impose an administrative penalty of up to $1,000 for a violation of any provision of this subtitle or any regulations adopted under this subtitle.
(2)    The Secretary shall adopt regulations to provide standards for the imposition of an administrative penalty under paragraph (1) of this subsection.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3C - Cosmetic Surgical Facilities › Section 19-3C-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Cosmetic surgical facility” means an office or a facility in which a cosmetic surgical procedure is performed.
(2)    “Cosmetic surgical facility” does not include:
(i)    An ambulatory surgical facility regulated under Subtitle 3B of this title;
(ii)    A hospital regulated under Subtitle 3 of this title; or
(iii)    An office owned or operated by one or more dentists providing services within the scope of practice of dentistry under Title 4 of the Health Occupations Article.
(c)    (1)    “Cosmetic surgical procedure” means the use of surgical services to reshape the structure of a human body to change the appearance of an individual.
(2)    Except as provided in paragraph (3) of this subsection, “cosmetic surgical procedure” does not include:
(i)    A procedure done under local anesthesia or mild sedation; or
(ii)    Liposuction that removes less than 1,000 cubic centimeters of aspirate.
(3)    “Cosmetic surgical procedure” includes any procedure under paragraph (2) of this subsection that, under the circumstances established by the Secretary in regulations adopted under § 19–3C–02(d) of this subtitle, is a cosmetic surgical procedure.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3C - Cosmetic Surgical Facilities › Section 19-3C-02 - Regulations

(a)    The Secretary may adopt regulations for cosmetic surgical facilities in the State.
(b)    Regulations adopted by the Secretary under this section shall include deeming a cosmetic surgical facility to meet specified requirements, if the cosmetic surgical facility is accredited by:
(1)    The American Association for Accreditation of Ambulatory Surgical Facilities;
(2)    The Accreditation Association for Ambulatory Health Care;
(3)    The Joint Commission; or
(4)    Any other accreditation organization, as determined by the Secretary.
(c)    Regulations adopted under this section may not require higher standards for cosmetic surgical facilities than the standards required for ambulatory surgical facilities under Subtitle 3B of this title.
(d)    (1)    The Secretary may adopt regulations that establish the circumstances under which a procedure is a “cosmetic surgical procedure” under § 19–3C–01(c)(3) of this subtitle.
(2)    The regulations adopted under paragraph (1) of this subsection shall be based on a finding by the Secretary that the procedure raises substantial health and safety concerns that warrant regulation of the procedure under this subtitle.
(3)    In adopting regulations under paragraph (1) of this subsection, the Secretary shall consider available studies, reports, and other literature related to:
(i)    The safety or risks of the procedure;
(ii)    The education and training of the health care practitioners administering anesthesia for the procedure;
(iii)    The education and training of the health care practitioners performing the procedure; and
(iv)    The setting in which the procedure is performed.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3C - Cosmetic Surgical Facilities › Section 19-3C-03 - Complaints

(a)    The Secretary may investigate complaints concerning the conformance of a cosmetic surgical facility to the requirements of regulations adopted under § 19–3C–02 of this subtitle.
(b)    If the complaint concerns health care practitioner performance or standards of medical practice, the complaint shall be referred to the appropriate health occupations board that licenses, certifies, or otherwise regulates the health care practitioner under the Health Occupations Article.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4 - Home Health Agencies › Section 19-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Home health agency” means a health-related institution, organization, or a part of an institution that:
(1)    Is owned or operated by 1 or more persons, whether or not for profit and whether as a public or private enterprise; and
(2)    Directly or through a contractual arrangement, provides to a sick or disabled individual in the residence of that individual skilled nursing services, home health aid services, and at least one other home health care service that are centrally administered.
(c)    (1)    “Home health care” means any of the following services that are provided under the general direction of a licensed health professional practicing within the scope of their practice:
(i)    Audiology and speech pathology;
(ii)    Dietary and nutritional services;
(iii)    Drug services;
(iv)    Home health aid;
(v)    Laboratory;
(vi)    Medical social services;
(vii)    Nursing;
(viii)    Occupational therapy;
(ix)    Physical therapy; or
(x)    Provision of medically necessary sickroom equipment and supplies.
(2)    However, the provisions of this subsection do not apply to:
(i)    A nursing referral service agency that is licensed as a nursing referral service agency under the provisions of Subtitle 4B of this title; or
(ii)    A home-based hospice care program that is licensed as a home-based hospice care program under the provisions of Subtitle 9 of this title.
(3)    A home health agency shall also be licensed as a hospice care program if the home health agency operates a hospice care program that is distinct from its other services.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4 - Home Health Agencies › Section 19-402 - Statement of Purpose

The purpose of home health care is:
(1)    To avoid institutionalization;
(2)    To shorten hospital stays;
(3)    To speed recovery; and
(4)    To bridge the gap in community health services for patients who otherwise could not get adequate health care.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4 - Home Health Agencies › Section 19-403 - Scope of Subtitle

This subtitle does not:
(1)    Limit the right of any person to practice a health occupation that the individual is authorized to practice under the Health Occupations Article;
(2)    Limit the right of any person who holds a license under this article to act as authorized by that license; or
(3)    Prohibit the care of an individual who relies on treatment in accordance with the tenets and practices of a recognized church or religious denomination and, with or without compensation, is cared for in accordance with those tenets and practices.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4 - Home Health Agencies › Section 19-404 - Rules and Regulations

(a)    The Department shall adopt rules and regulations that set standards for the care, treatment, health, safety, welfare, and comfort of patients of home health agencies.
(b)    The rules and regulations shall provide for the licensing of home health agencies and shall establish standards that require as a minimum, that all home health agencies:
(1)    Within 10 days of acceptance of a patient for skilled care, make and record all reasonable efforts to contact a physician to obtain the signed order required under item (2) of this subsection;
(2)    That accept patients for skilled care do so only on the signed order of a physician obtained within 28 days after acceptance;
(3)    Adopt procedures for the administration of drugs and biologicals;
(4)    Maintain clinical records on all patients accepted for skilled care;
(5)    Establish patient care policies and personnel policies;
(6)    Have services available at least 8 hours a day, 5 days a week, and available on an emergency basis 24 hours a day, 7 days a week;
(7)    Make service available to an individual in need within 24 hours of a referral when stipulated by a physician’s order;
(8)    Have a designated supervisor of patient care who is a full–time employee of the agency and is available at all times during operating hours and additionally as needed; and
(9)    Have as the administrator of the agency a person who has at least 1 year of supervisory experience in hospital management, home health management, or public health program management and who is:
(i)    A licensed physician;
(ii)    A registered nurse; or
(iii)    A college graduate with a bachelor’s degree in a health–related field.
(c)    The rules and regulations may include provisions that:
(1)    Deal with the establishment of home health agencies;
(2)    Require each home health agency to have its policies established by a professional group that includes at least:
(i)    1 physician;
(ii)    1 registered nurse;
(iii)    1 representative of another offered service; and
(iv)    1 public member;
(3)    Govern the services provided by the home health agencies;
(4)    Require keeping clinical records of each patient, including the plan of treatment to be provided;
(5)    Govern supervision of the services, as appropriate, by:
(i)    A physician;
(ii)    A registered nurse; or
(iii)    Another health professional who is qualified sufficiently by advanced training to supervise the same kind of services in a hospital; and
(6)    Require submission of an annual report which includes service utilization statistics.
(d)    The provisions of this section do not waive the requirement for a home health agency to obtain a certificate of need.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4 - Home Health Agencies › Section 19-406 - Qualifications of Applicants

To qualify for a license, an applicant shall:
(1)    Show that the home health agency will provide:
(i)    Appropriate home health care to patients who may be cared for at a prescribed level of care, in their residence instead of in a hospital; and
(ii)    Skilled nursing, home health aid, and at least one other home health care service that is approved by the Secretary; and
(2)    Meet the requirements of Subtitle 1 of this title for certification of need.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4 - Home Health Agencies › Section 19-407 - Inspections; Issuance and Revocation of Licenses

The Department shall:
(1)    Inspect the operations of each home health agency at least every 3 years to determine whether it is meeting the requirements of this subtitle and the rules and regulations adopted under it; and
(2)    Issue, deny, suspend, or revoke a home health agency license in accordance with the rules and regulations adopted under this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4 - Home Health Agencies › Section 19-408 - Prohibited Acts

(a)    A person may not operate, attempt to operate, or hold one’s self out as operating a home health agency unless licensed under this subtitle.
(b)    A home health agency may not withhold any home health care services from an individual because of the individual’s age, sex, color, creed, national origin, source of payment, or ability to pay.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4 - Home Health Agencies › Section 19-410 - Physical Rehabilitation Services

A home health agency may not hold itself out as providing a complete array of physical rehabilitation services unless the home health agency:
(1)    Provides a program of coordinated interdisciplinary rehabilitative care, including at a minimum, physical and occupational therapy, speech and language therapy, audiology therapy, psychotherapy, and social work services;
(2)    Holds interdisciplinary meetings with the involvement of a physician to plan and monitor patient care; and
(3)    Meets any other standard that the Secretary may adopt by regulation.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4 - Home Health Agencies › Section 19-411 - Adoption and Implementation of Covid-19 Control Plans by Home Health Agency -- Items Included -- Plans Provided to Patients and Staff. [Abrogated]

// EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 29 AND 31 OF THE 2021 SPECIAL SESSION //
(a)    (1)    In this section the following words have the meanings indicated.
(2)    “COVID–19” means, interchangeably and collectively, the coronavirus known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus.
(3)    “COVID–19 test” means an in vitro diagnostic test for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, as described in § 3201 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
(b)    For calendar years 2021 and 2022, a home health agency shall adopt and implement a COVID–19 infection control and prevention plan for patients and staff who provide home health care services to patients of the home health agency.
(c)    (1)    The plan required under subsection (b) of this section shall:
(i)    Be adopted and implemented in accordance with any applicable federal orders and guidance; and
(ii)    Ensure that patients and staff who provide home health care services to patients of the home health agency are screened for COVID–19 on a regular basis and tested or referred for testing for COVID–19, if required or recommended under applicable federal orders or guidance, to control and prevent the spread of COVID–19 among staff and patients of the home health agency.
(2)    The screening required under paragraph (1) of this subsection shall include reporting to the home health agency of any:
(i)    Symptoms related to COVID–19 experienced by patients and staff; and
(ii)    Known exposures of patients and staff to individuals who have been diagnosed with COVID–19.
(d)    A home health agency shall provide the plan required under subsection (b) of this section to:
(1)    Patients and staff; and
(2)    Members of the public on request.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4A - Residential Service Agencies › Section 19-4A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Home health care” includes any of the following services:
(1)    Audiology and speech pathology;
(2)    Dietary and nutritional services;
(3)    Drug services;
(4)    Home health aide;
(5)    Laboratory;
(6)    Medical social services;
(7)    Nursing;
(8)    Occupational therapy;
(9)    Physical therapy;
(10)    Provision of invasive medical equipment; and
(11)    Home medical equipment services.
(c)    “Home medical equipment services” means the delivery, installation, maintenance, or replacement of, or instruction in the use of, medical equipment used by a sick or disabled individual to allow the individual to be maintained in a noninstitutional environment.
(d)    “Medical equipment” means technologically sophisticated medical devices including:
(1)    Oxygen and oxygen delivery systems;
(2)    Ventilators;
(3)    Respiratory disease management devices;
(4)    Electronic and computer driven wheelchairs and seating systems;
(5)    Apnea monitors;
(6)    Transcutaneous electrical nerve stimulator (T.E.N.S.) units;
(7)    Low air loss cutaneous pressure management devices;
(8)    Sequential compression devices;
(9)    Neonatal home phototherapy devices;
(10)    Feeding pumps; and
(11)    Other similar equipment as defined in regulations established by the Secretary.
(e)    “Personal care aide” means an individual who provides personal care as defined in § 19–301 of this title.
(f)    (1)    “Residential service agency” means any person that is engaged in a nongovernmental business of employing or contracting with individuals to provide home health care for compensation to an unrelated sick or disabled individual in the residence of that individual.
(2)    “Residential service agency” includes any agency that employs or contracts with individuals directly for hire as home health care providers.
(3)    “Residential service agency” does not include:
(i)    A home health agency that is licensed under the provisions of Subtitle 4 of this title;
(ii)    A person required to be licensed as a home health agency under the provisions of Subtitle 4 of this title;
(iii)    A home–based hospice care program that is licensed under the provisions of Subtitle 9 of this title;
(iv)    A hospital that is licensed under the provisions of Subtitle 3 of this title;
(v)    A related institution that is licensed under the provisions of Subtitle 3 of this title;
(vi)    Personal care providers under the Medical Assistance Personal Care Program;
(vii)    Any person practicing a health occupation that the person is authorized to practice under the Health Occupations Article;
(viii)    A nursing referral service agency that is licensed under Subtitle 4B of this title;
(ix)    A group of persons licensed under the same title of the Health Occupations Article practicing as a business; or
(x)    Residential rehabilitation services providers approved under regulations adopted by the State mental health authority.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4A - Residential Service Agencies › Section 19-4A-02 - Scope of Subtitle

This subtitle does not:
(1)    Limit the right of any person who holds a license under this article to act as authorized by that license; or
(2)    Prohibit the care of an individual who relies on treatment in accordance with the tenets and practices of a recognized church or religious denomination and, with or without compensation, is provided care in accordance with those tenets and practices.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4A - Residential Service Agencies › Section 19-4A-03 - Regulations

(a)    The Department shall adopt regulations that set standards for the care, treatment, health, safety, welfare, and comfort of individuals who receive home health care services through a residential service agency.
(b)    The regulations shall provide for the licensing of residential service agencies.
(c)    The regulations shall include provisions that:
(1)    Provide for the establishment of residential service agencies;
(2)    Establish qualifications for licensure;
(3)    Set minimum standards for individuals who provide home health care services through a residential service agency; and
(4)    Require the residential service agency to screen and verify the character references of all home health care providers that are employed by the residential service agency.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4A - Residential Service Agencies › Section 19-4A-03.1 - Residential Service Agencies -- Training Requirements -- Certificates of Completion -- Records Maintained

(a)    In this section, “supervisory staff” means an individual who supervises direct care staff in the individual’s clinical role.
(b)    This section does not apply to a residential service agency that only provides durable medical equipment.
(c)    (1)    Except as provided in subsection (d) of this section, beginning July 1, 2022, each residential service agency shall ensure that:
(i)    Within 45 days after an individual’s start of employment as part of the residential service agency’s direct care or supervisory staff, the individual is trained to provide the care required by the clients of the residential service agency by, at a minimum, providing 3 hours of online or in–person training regarding dementia, including training regarding:
1.    An overview of Alzheimer’s disease and dementia;
2.    Person–centered care;
3.    An understanding of the assessment and care planning process;
4.    Activities of daily living; and
5.    Alzheimer’s disease and dementia–related behaviors and communication; and
(ii)    Each member of the residential service agency’s direct care or supervisory staff receives 2 hours of online or in–person continuing education training regarding Alzheimer’s disease and dementia each calendar year.
(2)    The training required under paragraph (1) of this subsection may be provided by a supervisory staff member who is responsible for developing an individual’s plan of care and assigning appropriate personnel.
(d)    A residential service agency is not required to provide the training:
(1)    Described under subsection (c)(1)(i) of this section if the individual has:
(i)    Provided Alzheimer’s disease or dementia–related direct care or supervisory services for at least 24 consecutive months before beginning employment with the residential service agency; and
(ii)    Received from a residential service agency or other entity a certificate of completion issued under subsection (e) of this section; or
(2)    Described under subsection (c)(1)(ii) of this section if the individual has completed the training described under subsection (c)(1)(ii) of this section in the immediately preceding 12 months.
(e)    A person providing the training described under subsection (c) of this section shall issue a certificate of completion to each individual who completes the training.
(f)    Each residential service agency shall maintain records that indicate the type of training received by each individual who has received a certificate of completion issued under subsection (e) of this section while employed by the residential service agency.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4A - Residential Service Agencies › Section 19-4A-05 - Requirements for License

To qualify for a license, an applicant:
(1)    Shall show that the residential service agency will provide appropriate home health care providers to sick or disabled individuals who may be provided care in the individual’s residence, instead of in a hospital;
(2)    Shall meet any additional requirements that the Department adopts; and
(3)    May not be required to meet the requirements of Subtitle 1 of this title for certificate of need.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4A - Residential Service Agencies › Section 19-4A-06 - Powers and Duties of Department

The Department shall:
(1)    Inspect the operations of each residential service agency to determine whether the agency is meeting the requirements of this subtitle and the regulations adopted under this subtitle; and
(2)    Issue, deny, suspend, or revoke a residential service agency license in accordance with the regulations adopted under this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4A - Residential Service Agencies › Section 19-4A-08 - Penalty for Unlicensed Operation

A person who operates a residential service agency without a license 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 offense.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4A - Residential Service Agencies › Section 19-4A-09 - Penalty for Violation of Regulations Adopted Under This Subtitle

A person who operates a residential service agency in violation of the regulations adopted under this subtitle 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.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4B - Nursing Referral Service Agencies › Section 19-4B-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Background check” has the meaning stated in § 19-1901 of this title.
(c)    “Care provider” means an individual who provides health care services and assistance to a client in the activities of daily living, including:
(1)    Bathing, toileting, and personal hygiene;
(2)    Dressing;
(3)    Meal preparation and eating;
(4)    Companionship; and
(5)    Assistance in physical transfer and ambulation.
(d)    “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(e)    “Home health aid services” means personal and health care services delivered to a client by a care provider.
(f)    “License” means a nursing referral service agency license.
(g)    “Licensed health professional” means an individual who is licensed or certified under the Health Occupations Article to provide health care services.
(h)    “Nursing referral service agency” means one or more individuals engaged in the business of screening and referring, directly or in accordance with contractual arrangements that may include independent contractors, licensed health professionals or care providers to clients for the provision of nursing services, home health aid services, or other home health care services at the request of the client.
(i)    “Private agency” has the meaning stated in § 19-1901 of this title.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4B - Nursing Referral Service Agencies › Section 19-4B-04 - Regulations

(a)    (1)    The Department shall adopt regulations to implement the requirements of this subtitle.
(2)    The regulations may not preclude a nursing referral service agency from operating with independent contractors.
(b)    The Department shall issue a license to a nursing referral service agency after the nursing referral service agency completes an application for licensure.
(c)    The Department may suspend or revoke a license issued under this section if the nursing referral service agency is operating in violation of the requirements of this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4B - Nursing Referral Service Agencies › Section 19-4B-05 - License Required

(a)    An individual may not operate or engage in, or attempt to operate or engage in, or hold one’s self out as operating or engaging in the business of a nursing referral service agency unless the individual is licensed under this subtitle.
(b)    (1)    An individual who violates 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 any subsequent offense.
(2)    Each day a violation is continued after the first conviction is a separate offense.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 4B - Nursing Referral Service Agencies › Section 19-4B-06 - Grant of License Not Constituting Finding of Fact

For the purposes of any other provision of law, the granting of a license under this subtitle does not constitute a finding of any fact on which the granting of the license was based and may not give rise to any presumption regarding the existence of any fact on which the granting of the license was based.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 5 - Chronic Disease Centers › Section 19-502 - Purpose and Location

(a)    There are chronic disease centers in the State for individuals who:
(1)    Need constant medical and nursing care by reason of chronic illness or infirmity; or
(2)    Have a chronic disability amenable to rehabilitation.
(b)    One center shall be located in each of the following places:
(1)    The Eastern Shore.
(2)    The western part of this State.
(c)    The Secretary also shall operate any other centers established by law and placed under the jurisdiction of the Secretary for the care of individuals who have chronic diseases.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 5 - Chronic Disease Centers › Section 19-504 - Programs

Each center may:
(1)    Establish any outpatient clinic for preadmission evaluation, aftercare, or other home health care service;
(2)    Further medical knowledge by having a facility to explore new ways of treating problems peculiar to chronically ill and disabled individuals;
(3)    Conduct any educational and training program to improve the knowledge and skills of physicians and ancillary professional, scientific, and other staff of the center and other treatment facilities and, thus, to improve a high standard of patient care; and
(4)    Add a unit to treat chronic diseases of children.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 5 - Chronic Disease Centers › Section 19-505 - Admissions

(a)    Admission of an individual to a center shall be based on:
(1)    The statement of a physician who, after an examination of the individual, finds that the individual needs care at a center; and
(2)    The review and approval of an application for admission of the individual by the center.
(b)    If an individual cannot be placed in a special facility in this State that can treat the condition of the individual, the individual may be admitted to a center.
(c)    A center may not admit an individual who has:
(1)    A mental disorder of the type that requires care in a mental health facility; or
(2)    An orthopedic disease for which medical treatment is available in a special orthopedic hospital.
(d)    (1)    The centers shall be operated primarily for residents of this State.
(2)    A center may admit an individual who is not a resident of this State if:
(i)    The individual is admitted and discharged in accordance with a specific regional health program or specific demonstration or study project approved by the Department; and
(ii)    This State is reimbursed for the full cost of services to the individual.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 5 - Chronic Disease Centers › Section 19-506 - Discharges

(a)    If the medical staff of a center determines that an individual cannot receive any further benefit at the center, the individual shall be discharged on the written order of a medical staff member.
(b)    If, after a competent authority directs a discharged individual to leave the center, the individual fails to do so, the administrative head of the center may take any legal step needed to remove the individual from the center, under an adequate plan for treatment and care.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 5 - Chronic Disease Centers › Section 19-507 - Transfers

(a)    If this State is paying any of the costs of an individual at a center, the individual may be transferred to another facility that is approved under a federal program.
(b)    If the individual refuses to apply for assistance from any applicable State, federal, or local program, the administrative head of the center or the designee of the administrative head may apply for the assistance and transfer the individual to another facility.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 5 - Chronic Disease Centers › Section 19-509 - Boards -- Membership

(a)    (1)    Each board consists of 7 members appointed by the Governor.
(2)    The Governor shall appoint the members from a list of qualified individuals submitted to the Governor by the Secretary.
(b)    Each member of the board for a center:
(1)    Shall be a citizen of this State;
(2)    Shall be a resident of a county that the center serves;
(3)    Shall be representative of the community; and
(4)    Shall be known for an interest in civic and public affairs and for concern about the care of chronically ill individuals.
(c)    (1)    The term of a member is 4 years.
(2)    The terms of members are staggered as required by the terms provided for members of each board on July 1, 1982. The terms of those members end as follows:
(i)    1 in 1983.
(ii)    4 in 1984.
(iii)    1 in 1985.
(iv)    1 in 1986.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)    A member who serves 2 consecutive full 4-year terms may not be reappointed for 4 years after completion of those terms.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 5 - Chronic Disease Centers › Section 19-512 - Boards -- Powers and Duties

(a)    Each board may adopt rules and regulations for the conduct of its meetings.
(b)    (1)    Each board serves in an advisory capacity.
(2)    Each board shall:
(i)    Submit to the Secretary an annual report on:
1.    The needs of chronically ill individuals; and
2.    The extent to which its center meets these needs;
(ii)    Advise the administrative head of the center on its facilities, goals, programs, and policies;
(iii)    Help in evaluating the degree to which these goals are achieved;
(iv)    Review and make recommendations about the annual budget of the center;
(v)    Assume leadership in developing community understanding of the needs of chronically ill individuals; and
(vi)    Carry out any other responsibility that the administrative head of the center requests.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 5 - Chronic Disease Centers › Section 19-513 - Prohibited Acts

(a)    Except with the approval of the administrative head of a center, a person other than an employee of the center may not bring any alcoholic beverage into any area of the center that is used by individuals under treatment in the center.
(b)    An employee of the center may not:
(1)    Drink any alcoholic beverage while on duty; or
(2)    Give any alcoholic beverage to an individual who is under treatment in the center.
(c)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding $100 or imprisonment not exceeding 60 days or both.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 7 - Health Maintenance Organizations › Section 19-702 - Declaration of Intent and Policy

(a)    In adopting this subtitle, the General Assembly intends to:
(1)    Provide alternative methods for the delivery of health care services to residents of this State, with a view toward achieving greater efficiency and economy in providing these services;
(2)    Encourage the formation of health maintenance organizations that provide health care services to subscribers or groups of subscribers who contract for these services under a system of prepayments; and
(3)    Encourage the formation of health maintenance organizations by such diverse groups as:
(i)    Nonprofit health service plans;
(ii)    Medical health service plans;
(iii)    Medical care foundations;
(iv)    Groups of professionals, either in the form of partnerships or professional corporations;
(v)    Consumer sponsored organizations; or
(vi)    Business or legal entities.
(b)    To carry out the intent of subsection (a) of this section, the policy of this State is to:
(1)    Provide one overall State law that:
(i)    Regulates health maintenance organizations;
(ii)    Allows flexibility for the many forms these health maintenance organizations may take; and
(iii)    Facilitates public understanding and uniform administration of the rules and regulations that are adopted under this subtitle;
(2)    Eliminate legal barriers to the organization, promotion, and expansion of health maintenance organizations;
(3)    Provide for regulation of:
(i)    The quality of health care, by the Department and by professional standards review organizations where appropriate; and
(ii)    All other matters covered under this subtitle, by the Commissioner; and
(4)    Exempt health maintenance organizations from the insurance laws of this State, except as set forth in this subtitle.