reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-307 - Classifications of Hospitals and Related Institutions

(a)    (1)    A hospital shall be classified:
(i)    As a general hospital if the hospital at least has the facilities and provides the services that are necessary for the general medical and surgical care of patients;
(ii)    As a special hospital if the hospital:
1.    Defines a program of specialized services, such as obstetrics, mental health, tuberculosis, orthopedy, chronic disease, or communicable disease;
2.    Admits only patients with medical or surgical needs within the program; and
3.    Has the facilities for and provides those specialized services;
(iii)    As a special rehabilitation hospital if the hospital meets the requirements of this subtitle and Subtitle 12 of this title; or
(iv)    As a limited service hospital if the health care facility:
1.    Is licensed as a hospital on or after January 1, 1999;
2.    Changes the type or scope of services offered by eliminating the capability to admit or retain individuals for overnight hospitalization;
3.    Retains an emergency or urgent care center; and
4.    Complies with the regulations adopted by the Secretary under § 19-307.1 of this subtitle.
(2)    The Secretary may set, by rule or regulation, other reasonable classifications for hospitals.
(b)    A related institution shall be classified:
(1)    As a care home if the related institution provides care to individuals who, because of advanced age or physical or mental disability, require domiciliary care or personal care in a protective environment; or
(2)    As a nursing home if the related institution:
(i)    Provides nursing care for chronically ill or convalescent patients; or
(ii)    Offers to provide 24-hour a day nursing care of patients in a home-type facility such as:
1.    A convalescent home;
2.    A nursing unit of a home for the aged;
3.    A psychiatric nursing home;
4.    A nursing facility for individuals with disabilities;
5.    A home for alcoholics; or
6.    A halfway house.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-307.1 - Regulations for Limited Service Hospitals

The Department shall adopt regulations for a limited service hospital that include the following standards:
(1)    The limited service hospital shall be open 24 hours a day, 7 days a week;
(2)    There shall be at least one physician credentialed in emergency medicine at the limited service hospital at all times;
(3)    A sufficient number of registered nurses and other health professionals shall be available at the limited service hospital to provide advanced life support;
(4)    Basic X–ray and laboratory facilities shall be available at the limited service hospital and operable at all times by one radiology technician and one laboratory technician;
(5)    Resuscitation equipment, including monitor, defibrillator, cardiac medications, intubation equipment, and intravenous line equipment shall be available at the limited service hospital and operable at all times;
(6)    Standard procedures in accordance with the State Emergency Medical Services Plan shall exist for the immediate transport of individuals in need of hospitalization or other more definitive care;
(7)    A specific defined role in the Emergency Medical Services System with appropriate telephone communication shall exist;
(8)    Emergency services shall be available to all persons regardless of ability to pay;
(9)    Adoption, implementation, and enforcement of a policy shall exist that requires, except in an emergency life–threatening situation where it is not feasible or practicable, compliance by all employees and medical staff involved in patient care services with the Centers for Disease Control and Prevention’s guidelines on universal precautions; and
(10)    Any other standard that the Secretary deems necessary to ensure the quality of the services provided by a limited service hospital.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-307.2 - Licensed Bed Capacity

(a)    For a hospital classified as a general hospital, the Secretary shall annually calculate the hospital’s licensed bed capacity.
(b)    The annual licensed bed calculation for each hospital shall equal 140 percent of the average daily census for the 12-month period immediately preceding the calculation.
(c)    If necessary to adequately meet demand for services, a hospital may exceed its licensed bed capacity if:
(1)    On average for the 12-month period, the hospital does not exceed its licensed bed capacity based on the annual calculation; and
(2)    The hospital includes in its monthly report to the Health Services Cost Review Commission the following information:
(i)    The number of days in the month the hospital exceeded its licensed bed capacity; and
(ii)    The number of beds that were in excess on each of those days.
(d)    Before July 1, 2000 and each July 1 thereafter, the Secretary shall delicense any licensed hospital beds determined to be excess bed capacity under subsection (b) of this section.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-308 - Standards and Inspections

(a)    The Secretary shall adopt reasonable rules and regulations that set standards of services for related institutions, accredited hospitals, nonaccredited hospitals, accredited residential treatment centers, and nonaccredited residential treatment centers in the following areas:
(1)    The care of patients;
(2)    The medical supervision of patients;
(3)    The physical environment;
(4)    Disease control;
(5)    Sanitation;
(6)    Safety; and
(7)    Dietary matters.
(b)    (1)    To assure compliance with the standards adopted under this subtitle, the Secretary shall have an inspection made:
(i)    Of each related institution, each accredited hospital or nonaccredited hospital, and each accredited residential treatment center or nonaccredited residential treatment center for which a license is sought; and
(ii)    Periodically of each related institution, each accredited hospital or nonaccredited hospital, and each accredited residential treatment center or nonaccredited residential treatment center for which a license has been issued.
(2)    At least 2 inspections a year of each related institution shall be unannounced.
(3)    The part of a building that contains part of a hospital, residential treatment center, or related institution and any outbuilding are considered part of the facility and are subject to inspection to determine occupancy status for licensing purposes.
(4)    Subject to § 2–1257 of the State Government Article, during each regular session of the General Assembly, the Department shall submit to the General Assembly a report on the inspections.
(5)    (i)    An employee of the Department may not inform a hospital, residential treatment center, or related institution of any proposed inspection activity, unless the chief of the employee’s division directs the employee to do so.
(ii)    An employee who violates any provision of this paragraph is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-308.1 - Patient Care Personnel

(a)    (1)    In this section, “patient care personnel” means an individual whom a related institution employs to provide health related or personal care services.
(2)    “Patient care personnel” does not include an individual who provides general administrative, nonmedical supervisory, or record keeping services in a related institution.
(b)    The Secretary may adopt reasonable rules and regulations that set minimum qualifications for patient care personnel who are not licensed under the Health Occupations Article.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-308.2 - Transfer of Patients Between Hospitals

(a)    (1)    Subsection (b)(1) of this section is not intended to preempt the requirements of § 10-625 of this article.
(2)    The Department shall adopt guidelines, after consultation with the Maryland Hospital Association, Inc., governing the transfer of patients between hospitals to ensure that transfers of patients between hospitals are accomplished in a medically appropriate manner and in accordance with the health care policies of the State that, at a minimum, require:
(i)    Notification to the receiving hospital before the transfer and confirmation by that hospital that the patient meets that hospital’s admissions criteria relating to appropriate bed, physician, and other services necessary to treat the patient;
(ii)    The use of medically appropriate life-support measures that a reasonable and prudent physician exercising ordinary care would use to stabilize the patient before transfer and to sustain the patient during the transfer;
(iii)    The provision of appropriate personnel and equipment that a reasonable and prudent physician exercising ordinary care would use for the transfer; and
(iv)    The transfer of all necessary records for continuing the care for the patient.
(b)    (1)    The Department shall adopt regulations providing for penalties for hospitals that violate provisions of subsection (a) of this section.
(2)    A penalty not exceeding $1,000 may be imposed per violation.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-308.3 - Applications or Contracts for Admission

(a)    In this section “facility” means a related institution that, under the regulations of the Department, is a comprehensive care facility or an extended care facility.
(b)    Before a facility may use an application or contract for admission the administrator of the facility shall submit the application or contract for admission to the Department.
(c)    Before a facility may make any substantive change in an application or contract for admission that has been submitted under subsection (b) of this section, the administrator of the facility shall submit the proposed change to the Department.
(d)    The Department, after consulting with the Department of Aging, shall review the applications and contracts to assure:
(1)    That the rights, responsibilities, and duties of the parties are set forth clearly and legibly;
(2)    That they comply with applicable federal and State laws, including the patient’s bill of rights; and
(3)    That they do not contain provisions which are unenforceable because of public policy.
(e)    (1)    Any application or contract for admission submitted by a facility to the Department for review and approval in accordance with the provisions of this section shall be deemed approved if the Department fails to make a decision on the proposed application or contract for admission within 30 days of its submission.
(2)    Any substantive change in an application or contract for admission submitted by a facility to the Department for review and approval in accordance with the provisions of this section shall be deemed approved if the Department fails to make a decision on the proposed substantive change within 15 days of its submission.
(3)    Any decision disapproving any provision of any application or contract shall clearly and with particularity state the grounds for such disapproval.
(f)    The Department shall adopt regulations to implement the provisions of this section.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-308.4 - Personal Identification Tags for Employees and Certain Others

(a)    Each hospital or nursing facility in the State shall ensure that its employees and any other individuals who provide a health care service within or on the premises of the hospital or nursing facility wear a personal identification tag, except where inappropriate for medical reasons, that indicates in readable text:
(1)    The first name, nickname, last name, or full name of the individual that is commonly used in the hospital or nursing facility; and
(2)    The professional or other title of the individual.
(b)    The Secretary may impose a fine not to exceed $25 per violation of this section.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-308.5 - Universal Newborn Hearing Screening Program

(a)    Each hospital that provides obstetrical services shall establish a universal newborn hearing screening program to ensure that:
(1)    (i)    All newborns born in the hospital are screened for hearing loss before discharge; and
(ii)    The results are reported as required under § 13–605 of this article; and
(2)    Before discharge and to the extent practicable, the hospital provides to the parent or legal guardian of a newborn identified as having a hearing loss under item (1)(i) of this subsection a list of resources available for parents of children with hearing loss, including:
(i)    Locations for subsequent testing; and
(ii)    Resources on language and communication mode options for communicating with their child.
(b)    The universal newborn hearing screening program established under this section shall consist of at least one of the following screening tests:
(1)    Auditory brain stem response;
(2)    Otoacoustic emissions; or
(3)    Another appropriate screening test recommended by the Advisory Council and approved by the Secretary.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-308.6 - Uniform Emergency Security Codes for Hospitals

(a)    The Secretary, in consultation with the Association of Maryland Hospitals and Health Systems and the Maryland Association of Hospital Security and Safety Directors, shall develop a uniform set of emergency security codes for hospitals.
(b)    The Secretary shall adopt regulations to implement the uniform set of emergency security codes.
(c)    Each hospital in Maryland shall implement the provisions of the uniform set of emergency security codes for hospitals within 2 years of the adoption of the regulations by the Secretary.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-308.7 - Umbilical Cord Blood Donation

(a)    Unless it is medically inadvisable, each hospital shall allow a pregnant patient to arrange for the donation of the blood extracted from the umbilical cord of the patient’s newborn child to a certified public cord blood bank.
(b)    A patient who agrees to donate cord blood to a public cord blood bank may not be charged for the costs of collecting, storing, or transporting the cord blood.
(c)    A hospital is not required to collect cord blood if in the professional judgment of a licensed physician the collection of the cord blood would threaten the health of the mother or newborn child.
(d)    A hospital or hospital employee, including a physician, nurse, or other medical staff, may not be required to collect cord blood if the collection of cord blood conflicts with the bona fide religious practices and beliefs of the hospital or hospital employee.
(e)    This section may not be construed to require a hospital to arrange for the donation of blood extracted from umbilical cords.
(f)    (1)    The Department, in consultation with obstetricians, the Maryland Hospital Association, and interested groups, shall develop educational materials concerning the values, uses, and donation of umbilical cord blood for the purposes of paragraph (2) of this subsection.
(2)    Each obstetrician and hospital that provides obstetrical services shall distribute the educational materials described in paragraph (1) of this subsection to pregnant patients.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-308.8 - Discharge or Transfer of Patients

(a)    A hospital may discharge a patient:
(1)    Entirely;
(2)    To another level of care, treatment, or services;
(3)    To different health professionals; or
(4)    To settings for continued services.
(b)    A hospital’s process for transfer or discharge shall be based on a patient’s assessed needs.
(c)    To facilitate discharge or transfer, the hospital shall:
(1)    Assess a patient’s needs;
(2)    Plan for discharge or transfer;
(3)    Facilitate the discharge or transfer process;
(4)    Give the patient or person responsible for providing continuing care to the patient written discharge instructions in a form the patient can understand; and
(5)    Help to ensure that continuity of care, treatment, and services is maintained.
(d)    If a hospital fails to comply with the requirements of this section, the Secretary may impose a civil money penalty not to exceed $10,000 for each failure to comply.
(e)    A hospital may appeal a civil money penalty imposed under subsection (c) of this section in accordance with Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-309 - Complaints

(a)    Notwithstanding any other provisions of this subtitle, each hospital or residential treatment center shall be open to inspections by the Department to investigate and resolve any complaint concerning patient care, safety, medical and nursing supervision, physical environment, sanitation or dietary matters.
(b)    (1)    To resolve expeditiously a complaint that alleges the existence of any nonlife-threatening deficiency, the Department may refer the complaint directly to the hospital or residential treatment center.
(2)    If appropriate, issues relating to the practice of medicine or the licensure or conduct of a health professional shall be referred to the hospital or the residential treatment center and may be referred to the appropriate licensure board for resolution.
(3)    If the Department determines that the hospital or residential treatment center has not satisfactorily addressed the referred complaint or where the complaint alleges the existence of a life-threatening deficiency, the Department shall conduct an independent investigation.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-310.1 - Quality Assessment of Nursing Facilities; Medicare Reimbursement

(a)    (1)    This section applies to a nursing facility, as defined in § 19–301 of this subtitle, that:
(i)    Has 45 or more beds; and
(ii)    Operates in the State.
(2)    This section does not apply to a nursing home bed in a continuing care retirement community that has obtained a certificate of registration to provide continuing care under Title 10, Subtitle 4 of the Human Services Article.
(b)    (1)    The Department may impose a quality assessment on each freestanding nursing facility subject to this section.
(2)    The amount assessed in the aggregate on all nursing facilities may not exceed 6.0% of the operating revenue for all nursing facilities subject to this section for the previous fiscal quarter.
(3)    The assessment authorized by this section shall be paid by each nursing facility in accordance with this section.
(c)    (1)    On or before the 60th day after each quarter of the State fiscal year, each nursing facility subject to this section shall pay to the Comptroller an amount determined by the Department based on an amount per non–Medicare day of service for the previous fiscal quarter.
(2)    The assessment shall be based on an amount per patient day, not including Medicare days.
(d)    (1)    All amounts collected by the State Comptroller under this section shall be distributed to a special fund, to be used by the Department only to fund reimbursements to nursing facilities under the Medicaid program.
(2)    At least 65% of the funds allocated by the Department as reimbursements to nursing facilities under this section shall be in addition to and may not supplant funds already appropriated for this purpose.
(e)    The Department shall adopt regulations to implement this section.
(f)    On or before September 1, 2015, and each year thereafter, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of this section, including:
(1)    The percentage and amount of the assessment charged to each nursing facility subject to this section;
(2)    The number of nursing facilities subject to this section with a net loss; and
(3)    A comparison of the total amount provided in the Medicaid budget for nursing home reimbursement in the current fiscal year to the actual amount received in the immediately prior fiscal year.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-310.2 - Protocol for Sexual Assault Medical Forensic Examinations

On or before July 1, 2014, each hospital that provides emergency medical services shall have a protocol to provide timely access to a sexual assault medical forensic examination by a forensic nurse examiner or a physician to a victim of an alleged rape or sexual offense who arrives at the hospital for treatment.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part I - Definitions; General Provisions › Section 19-310.3 - Development of Protocol for Discharge of Patient With Substance Use Disorder

(a)    On or before January 1, 2018, each hospital shall have a protocol for discharging a patient who was treated by the hospital for a drug overdose or was identified as having a substance use disorder.
(b)    The protocol:
(1)    May include:
(i)    Coordination with peer recovery counselors who can conduct a screening, a brief intervention, and referral to treatment and connection of the patient with community services; and
(ii)    Prescribing opioid overdose reversal drugs approved by the federal Food and Drug Administration for the patient; and
(2)    On or before June 30, 2023, shall require offering opioid overdose reversal drugs approved by the federal Food and Drug Administration, free of charge, to a patient who received treatment for a substance use disorder, opioid use disorder, or nonfatal drug overdose event.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part II - Approval for Construction, Conversion, or Other Change › Section 19-311 - Approval Required

A person shall have the approval of the Secretary before the person may:
(1)    Build a hospital or related institution; or
(2)    Make any conversion, alteration, or addition to the plant or building that will affect the functional structure or normal bed capacity of a hospital or related institution.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part II - Approval for Construction, Conversion, or Other Change › Section 19-312 - Qualifications for Approval

To qualify for approval under Part II of this subtitle, the applicant shall satisfy the Secretary that the hospital or related institution will meet the requirements that the Secretary adopts under this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part II - Approval for Construction, Conversion, or Other Change › Section 19-313 - Applications for Approval

An applicant for approval under Part II of this subtitle shall submit to the Secretary:
(1)    A written application on the form that the Secretary requires; and
(2)    The documents, drawings, and other information that the Secretary requires.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part II - Approval for Construction, Conversion, or Other Change › Section 19-314 - Action on Application

(a)    (1)    The Secretary promptly shall:
(i)    Review each application and the information submitted under Part II of this subtitle; and
(ii)    Investigate the proposed new hospital or related institution or proposed conversion, alteration, or addition.
(2)    Within 30 days after the application is submitted, the Secretary shall give the applicant:
(i)    Notice of approval or disapproval; and
(ii)    In case of disapproval, each reason for the disapproval.
(b)    The Secretary shall grant approval under Part II of this subtitle if the hospital or related institution will meet the requirements of this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part III - Licensing › Section 19-318 - License Required; Special Rehabilitation Hospitals

(a)    A person shall be licensed by the Secretary before the person may operate a hospital or related institution in this State.
(b)    A hospital shall be classified as a special rehabilitation hospital before the hospital may provide or hold itself out as providing comprehensive physical rehabilitation services, as defined in § 19-1201 of this title.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part III - Licensing › Section 19-319.1 - In-Service Education Program

As a prerequisite to the licensing of related institutions and each year after the license is issued, the Department shall require each related institution that provides long–term care and programs for patients with Alzheimer’s disease and related disorders to have an in–service education program that includes instruction on dementia and the techniques necessary to manage dementia patients with regard to their physical, intellectual, and behavioral manifestations.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part III - Licensing › Section 19-319.2 - Policies and Procedures Regarding Patients' Rights

(a)    In this section, “facility” means a special psychiatric hospital or an acute general care hospital with separately identified inpatient psychiatric service.
(b)    (1)    As a condition of licensure, each facility shall adopt written policies and procedures to implement the requirements of §§ 10-701 through 10-709 of this article. The policies and procedures:
(i)    May expand the rights provided in §§ 10-701 through 10-709 of this article;
(ii)    Shall provide for a mechanism for patients and others to report suspected violations of §§ 10-701 through 10-709 of this article to a designated official of the hospital;
(iii)    Shall provide a system for investigating suspected violations; and
(iv)    Shall ensure that there is a timely appropriate response to any suspected violation.
(2)    The Secretary may inspect any document necessary to ensure compliance with this subsection and §§ 10-701 through 10-709 of this article.
(3)    If a hospital that is a facility fails to adopt and implement the policies and procedures required by this subsection or maintains a continuing pattern of conditions or practices in knowing violation of §§ 10-701 through 10-709 of this article, the Secretary may impose the following penalties, but only after the Secretary has satisfied the conditions in § 19-360 of this subtitle:
(i)    Delicensure of the specialty psychiatric hospital;
(ii)    Delicensure of the separately identified psychiatric service of the acute general care hospital; or
(iii)    A fine not to exceed $500 per day for each day the violation continues.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part III - Licensing › Section 19-320 - Applications for Licenses

(a)    An applicant for a license shall submit an application to the Secretary.
(b)    The application:
(1)    Shall be on the form that the Secretary requires;
(2)    Shall be signed and verified as follows:
(i)    If the application is made for an individual, by the individual; or
(ii)    If the application is made for a corporation, association, or government agency, by 2 officers of the organization; and
(3)    Shall include:
(i)    The name of the applicant;
(ii)    A statement that the applicant meets the requirements of this subtitle;
(iii)    The class of the proposed hospital or related institution;
(iv)    The location of the proposed hospital or related institution;
(v)    The name of the individual who is to be the administrative head of the proposed hospital or related institution; and
(vi)    Any other information that the Secretary requires.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part III - Licensing › Section 19-321 - Issuance and Contents of License

(a)    The Secretary shall issue a license to any applicant if the applicant and the hospital or related institution to be operated meet the requirements of this subtitle.
(b)    The Secretary shall include on each license that the Secretary issues:
(1)    The name of the hospital or related institution; and
(2)    The classification of the hospital or related institution.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part III - Licensing › Section 19-325 - Delicensure -- in General

(a)    If voluntary efforts to reduce excess capacity prove insufficient, as a last resort the Maryland Health Care Commission and the Health Services Cost Review Commission may petition the Secretary to delicense any hospital or part of a hospital or hospital service based on a finding after a public hearing that the delicensure is consistent with the State health plan or institution–specific plan. The petition shall specify in detail all efforts made by the petitioner to encourage the hospital:
(1)    To reduce its underutilized capacity;
(2)    To merge or consolidate;
(3)    To become more efficient and effective; and
(4)    To convert from acute capacity to alternative uses, where appropriate.
(b)    On petition by the Maryland Health Care Commission and the Health Services Cost Review Commission, the Secretary may order that a hospital or part of a hospital or hospital service be delicensed if:
(1)    The Secretary determines that delicensure is the last resort and a hospital or hospital services are excessive or inefficient, which determination is based on and is not inconsistent with the State health plan or institution–specific plan;
(2)    An opportunity for notice and hearing in accordance with the Administrative Procedure Act has been given to the affected hospital, and in the affected political subdivision notice shall be given to the elected public officials and for at least 2 consecutive weeks in a newspaper of general circulation; and
(3)    The hospital is not the sole provider of hospital services in a county for which the Commission and Health Services Cost Review Commission have petitioned for all of the beds of the hospital to be delicensed.
(c)    The Maryland Health Care Commission and the Health Services Cost Review Commission are necessary parties to any proceeding in accordance with this section.
(d)    Any person who is aggrieved by a final decision of the Secretary under this section may take a direct judicial appeal.
(e)    The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
(f)    The Secretary may participate in any appeal of a decision made in accordance with this section.
(g)    In the event of an adverse decision that affects its final decision, the Secretary may apply within 30 days by writ of certiorari to the Court of Appeals for review where:
(1)    Review is necessary to secure uniformity of decision, as where the same statute has been construed differently by 2 or more judges; or
(2)    There are other special circumstances that render it desirable and in the public interest that the decision be reviewed.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part III - Licensing › Section 19-326 - Delicensure -- Alternative Building or Site Uses

If a hospital voluntarily closes, merges, or is delicensed under § 19–325 of this subtitle, the Department of Commerce, in cooperation with the Maryland Health Care Commission, shall assist the hospital and local community in identifying alternative uses for the hospital buildings or sites.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part III - Licensing › Section 19-326.1 - Delicensure -- Fees for Training Displaced Workers

If a hospital voluntarily closes, merges, or is delicensed under § 19–325 of this subtitle and workers are displaced:
(1)    Each hospital shall pay a fee directly to the Maryland Department of Labor. The fee shall not exceed 0.01 percent of the gross operating revenue for the fiscal year immediately preceding the closure or delicensing of the hospital. A fee shall only be assessed once for each voluntary closure, merger, or delicensure.
(2)    The Secretary of Labor shall pay the fees received under this section into the Hospital Employees Training Fund established under § 11–201 of the Labor and Employment Article.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part IV - Denials; Admissions Restrictions; Revocations › Section 19-327 - Denials and Revocations by Secretary

(a)    (1)    The Secretary shall deny a license to any applicant or revoke a license if the applicant or licensee has been convicted of a felony that relates to Medicaid or to a nursing home.
(2)    The Secretary may deny a license to an applicant or revoke a license if the applicant or licensee does not meet the requirements of this subtitle or any rule or regulation that the Secretary adopts under this subtitle.
(b)    The Secretary may deny a license to an applicant or revoke a license if the applicant or licensee violates Title 6.5 of the State Government Article.
(c)    (1)    Before any action is taken under this section, the Secretary shall give the applicant or licensee an opportunity for a hearing.
(2)    The hearing notice to be given to the applicant or licensee shall be sent at least 10 days before the hearing.
(3)    The applicant or licensee is entitled to be represented by counsel at the hearing.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part IV - Denials; Admissions Restrictions; Revocations › Section 19-328 - Admissions Restrictions by Secretary

(a)    (1)    If the Secretary determines that a life-threatening, health or fire safety deficiency exists in a related institution, the Secretary immediately may restrict new admissions to the related institution for not more than a 30-day period.
(2)    Within 7 days after a request by an aggrieved party, a hearing shall be held to determine the appropriateness of the admissions restriction.
(3)    Within 21 days after admissions are restricted, the related institution shall take steps to correct the deficiency.
(b)    (1)    Unless the Secretary lifts the admissions restriction, within 30 days after admissions are restricted, a hearing shall be held to determine whether the related institution has taken enough steps to correct the deficiency.
(2)    If the Secretary finds that the deficiency still exists, the Secretary may:
(i)    Continue to restrict admissions for not more than 3 consecutive 30-day periods; or
(ii)    Revoke the license of the related institution and move its residents to an appropriate, licensed facility.
(3)    An aggrieved party is entitled to a hearing on each continuation of the admissions restriction. Within 7 days after a request by an aggrieved party, a hearing shall be held to determine the appropriateness of the admissions restriction.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part IV - Denials; Admissions Restrictions; Revocations › Section 19-329 - Revocations and Admissions Restrictions by Montgomery County or Prince George's County

(a)    (1)    If, under a Montgomery or Prince George’s county ordinance for licensing related institutions, the county licensing authority proposes to suspend or revoke the county license of a related institution, that authority shall give the Secretary notice of the proposed suspension or revocation and the reasons for it before the authority notifies the related institution.
(2)    If, within 14 days after the Secretary receives the notice, the Secretary disapproves the proposed suspension or revocation, the county licensing authority may not proceed with the action. Otherwise the county licensing authority may proceed with the action.
(3)    If the Secretary disapproves the proposed suspension or revocation, the Secretary shall state, in writing, the reasons for the disapproval.
(b)    (1)    If the Montgomery or Prince George’s county licensing authority proposes to restrict new admissions to a related institution, that authority shall give the Secretary as much prior notice of the proposed restriction as possible, so that State and county action may be coordinated.
(2)    The Secretary may become a party to any county administrative or judicial proceeding on the restriction.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 3 - Hospitals and Related Institutions › Part IV - Denials; Admissions Restrictions; Revocations › Section 19-330 - Review

(a)    Except as provided in this section for an action under § 19–329(a) of this subtitle, any person aggrieved by a final decision of the Secretary in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)    A person aggrieved by a final decision of the Secretary under § 19–329(a) of this subtitle may not appeal.
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 19-333 - Definitions

(a)    In Part V of this subtitle the following words have the meanings indicated.
(b)    “Affiliate” means:
(1)    Each partner of a partnership;
(2)    Each officer, director, and stockholder who has direct or indirect ownership or control of 10 percent or more of the stock of a corporation; or
(3)    Each individual who has direct or indirect ownership of 10 percent or more of a nursing home or community program.
(c)    “Community program” means:
(1)    A program which provides residential services and is an alcohol abuse and drug abuse treatment program as defined in § 8-403(a) of this article;
(2)    A program which provides residential services for individuals with a developmental disability as defined in § 7-101(d) and (h) of this article;
(3)    A private group home required to be licensed by the Secretary under § 10-517 of this article;
(4)    A private therapeutic group home for children and adolescents as defined under § 10-920 of this article;
(5)    A private residential treatment center for children and adolescents licensed under § 19-307 of this subtitle;
(6)    A private facility operating living units that house less than 4 persons per unit under § 10-902 of this article;
(7)    A program which provides day habilitation, vocational, or community supported living arrangements services required to be licensed under § 7-903 of this article; or
(8)    A private program that provides outpatient services as set forth in § 10-902 of this article.
(d)    “Individual” means a person who is a resident of a nursing home or a community residential program or a person enrolled in a day habilitation or vocational program.
(e)    “Nursing home” means a related institution that is classified as a nursing home.
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 19-334 - Petitions for Receivership

(a)    In addition to any other power set forth in this article or the Health Occupations Article, the Secretary may file a petition for appointment of a receiver for a nursing home or community program defined in this subtitle if, after investigation of the Secretary or after investigation at the request of the Secretary of Aging, the Secretary reasonably believes that:
(1)    A person is operating the nursing home or community program without a license for it;
(2)    The nursing home or community program will be closed within 30 days and arrangements to relocate its residents have not been approved by the Secretary;
(3)    The nursing home or community program or its residents have been abandoned; or
(4)    A situation, physical condition, practice, or method of operation presents an imminent danger of death or serious mental or physical harm to the individuals.
(b)    A petition under this section shall be filed with the circuit court for the county where the nursing home or community program is located.
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 19-335 - Hearing Requirements

(a)    (1)    Except as otherwise provided in subsection (b) of this section, the court shall hold a hearing on a petition under Part V of this subtitle within 10 days after the petition is filed.
(2)    The owner of the nursing home or entity operating the community program shall be given notice of the hearing:
(i)    At least 5 days before the hearing; or
(ii)    At least 3 days before the hearing, by a notice posted conspicuously inside or on the front door of the nursing home or site of the community program, if the Secretary files a statement that:
1.    Is signed and verified by the Secretary;
2.    States that the owner or operating entity cannot be found; and
3.    Sets forth a substantial account of reasonable, good faith efforts to find the owner or operating entity and serve process.
(3)    The owner of the nursing home or operating entity of a community service is entitled to offer evidence at the hearing.
(b)    (1)    A court may appoint a receiver for a nursing home or community program if, from the petition, affidavits, and any evidence offered ex parte, the court finds probable cause to believe that a situation, physical condition, practice, or method of operation presents an imminent danger of death or serious mental or physical harm to the residents and must be remedied immediately to insure their health, safety, and welfare.
(2)    The owner or person then in charge of the nursing home or community program shall be given notice of the appointment of a receiver:
(i)    By service of the notice, within 24 hours after the appointment; or
(ii)    By posting the notice conspicuously inside or on the front door of the nursing home or site of the community program, if the Secretary files a statement that:
1.    Is signed and verified by the Secretary;
2.    States that the owner and the person in charge of the nursing home or community program cannot be found; and
3.    Sets forth a substantial account of reasonable, good faith efforts to find the owner and the person in charge and serve process.
(3)    Unless the owner of the nursing home or entity operating the community program consents to a later date, the court shall hold a hearing on the appointment of the receiver within 5 days after service of process.
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 19-336 - Appointment of Receiver; Continuation of Receivership

(a)    After the hearing under § 19-335 of this subtitle, the court may appoint a receiver for the nursing home or community program or continue the appointment of the receiver made ex parte, if the court finds:
(1)    A person is operating the nursing home or community program without a license for it;
(2)    The nursing home or community program will be closed within 30 days and arrangements to relocate its residents have not been approved by the Secretary;
(3)    The nursing home or community program or its residents have been abandoned; or
(4)    A situation, physical condition, practice, or method of operation presents an imminent danger of death or serious mental or physical harm to the individuals.
(b)    The court may appoint as receiver any responsible individual other than:
(1)    A State employee;
(2)    An employee of a local government; or
(3)    The owner or administrator of or other individual with a financial interest in the nursing home or community program or agent of any of those individuals.
(c)    (1)    Before the receiver takes charge of the nursing home or community program, the receiver shall file a bond with the court.
(2)    The bond:
(i)    May not exceed the value of the nursing home or community program and its assets; and
(ii)    Shall run to this State for benefit of all persons interested in the faithful performance of the receiver including the individuals.
(3)    Unless the court directs otherwise, the receiver may pay the premium of the bond from the income of the nursing home or community program.
(d)    The Secretary may petition the court to appoint a substitute for a receiver who:
(1)    Dies;
(2)    Has a disability;
(3)    Has an adverse interest; or
(4)    Does not make reasonable progress in carrying out the receivership.