reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.07 - Prohibition of Child Care Products Containing TCEP or TDCPP › Section 10.19.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  establishes regulations that prohibit the import, sale, or offering for sale of
				  child care products containing:
(1) TCEP,
				  also known as (tris (2-chloroethyl) phosphate); or
(2) TDCPP, also known as (tris (1,
				  3-dichloro-2-propyl) phosphate).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.07 - Prohibition of Child Care Products Containing TCEP or TDCPP › Section 10.19.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Child Care Product.
(a) "Child care product" means a consumer
				  product intended for use by a child younger than 3 years old, including a:
(i) Baby product;
(ii) Toy; and
(iii) Car seat
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.07 - Prohibition of Child Care Products Containing TCEP or TDCPP › Section 10.19.07.03 - Prohibition of TCEP or TDCPP in Child Care Products

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not import, sell, or offer
				  for sale any child care product containing more than 1/10 of 1 percent of TCEP
				  by mass.
B. On or after October 1,
				  2014, a person may not import, sell, or offer for sale any child care product
				  containing more than 1/10 of 1 percent of TDCPP by mass.
C. The Secretary may suspend implementation
				  of this chapter if the Secretary determines that the fire safety benefits of
				  TCEP or TDCPP are greater than the known health risks associated with TCEP or
				  TDCPP.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.07 - Prohibition of Child Care Products Containing TCEP or TDCPP › Section 10.19.07.04 - Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person that
				  violates this chapter is subject to:
(1) For
				  a first violation, a civil penalty not exceeding $1,000; and
(2) For any subsequent violation, a civil
				  penalty not exceeding $2,500 for each violation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.08 - Prohibition of Consumer Products Containing Flame-Retardant Chemicals › Section 10.19.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  establishes regulations that prohibit the import, sale, or offering for sale of
				  juvenile products, mattresses, upholstered furniture, or reupholstered
				  furniture containing more than 0.1 percent of flame-retardant chemical by
				  mass.
B. This chapter does not
				  apply to the sale or distribution of a juvenile product, a mattress,
				  upholstered furniture, or reupholstered furniture that is resold, offered for
				  resale, or distributed by a consumer for consumer use.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.08 - Prohibition of Consumer Products Containing Flame-Retardant Chemicals › Section 10.19.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Adult mattress" means any mattress other
				  than a toddler mattress, a crib mattress, or any other infant sleep
				  product.
(2) "Flame-retardant
				  chemical" means a chemical that:
(a) Is used
				  to resist or inhibit the spread of fire or act as a synergist to chemicals that
				  resist or inhibit the spread of fire, including any chemical for which the term
				  "flame retardant" appears on a safety data sheet developed in accordance with
				  29 CFR §
													1910.1200(g); and
(b) Is a nanoscale chemical or has one or
				  more of the following properties:
(i)
				  Contains one or more halogen elements, including fluorine, chlorine, bromine,
				  or iodine;
(ii) Contains one or
				  more carbon elements and one or more phosphorus elements; and
(iii) Contains one or more carbon elements
				  and one or more nitrogen elements.
(3) Juvenile Product.
(a) "Juvenile product" means a consumer
				  product intended for use by a child younger than 12 years old.
(b) "Juvenile product" includes:
(i) A bassinet;
(ii) A booster seat;
(iii) A changing pad;
(iv) A children's nap mat;
(v) A floor playmat;
(vi) A high chair;
(vii) A high chair pad;
(viii) An infant bouncer;
(ix) An infant carrier;
(x) An infant seat;
(xi) An infant swing;
(xii) An infant walker;
(xiii) A nursing pad;
(xiv) A nursing pillow;
(xv) A playpen side pad;
(xvi) A play yard;
(xvii) A portable hook-on chair;
				  and
(xviii) A stroller.
(c) "Juvenile product" does not
				  include a:
(i) Product that is not primarily
				  intended for use in the home, including a product that is, or is a component
				  part of, a motor vehicle, a watercraft, an aircraft, or any other
				  vehicle;
(ii) Product regulated
				  under 49 CFR Part 571 ;
(iii)
				  Consumer electronic product; or
(iv) Child care product regulated under
				  Health-General Article, §24-306, Annotated Code of Maryland, or COMAR
				  10.19.07.
(4)
				  "Mattress" has the meaning stated in
				  16 CFR §
												1632.1.
(5) "Reupholstered furniture" means furniture
				  for which the original fabric, padding, decking, barrier material, foam, or
				  other resilient filling has been replaced and that has not been sold since the
				  time of replacement.
(6)
				  "Upholstered furniture" means furniture that includes filling materials,
				  barrier materials, decking materials, or cover fabrics.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.08 - Prohibition of Consumer Products Containing Flame-Retardant Chemicals › Section 10.19.08.03 - Prohibition of Flame-Retardant Chemicals in Consumer Products

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation does not apply to:
(1) An
				  electronic component, or the casing for an electronic component, of a juvenile
				  product, a mattress, upholstered furniture, or reupholstered
				  furniture;
(2) A component of
				  upholstered or reupholstered furniture other than cover fabric, barrier
				  material, resilient filling material, and decking material;
(3) Thread or fiber when used for stitching
				  mattress components together; or
(4) Except for foam, a component of an adult
				  mattress.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.08 - Prohibition of Consumer Products Containing Flame-Retardant Chemicals › Section 10.19.08.04 - Complaints and Investigations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary or the Secretary's designee may investigate conditions relative to
				  the enforcement of this chapter.
B.
				  The person in charge of an establishment shall permit the Secretary or the
				  Secretary's designee to enter an establishment during its business hours for
				  the purpose of determining compliance with this chapter.
C. The person in charge of an establishment
				  shall provide to the Secretary or the Secretary's designee product safety data
				  sheets, technical specifications, and any information available related to the
				  composition of the juvenile product.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.08 - Prohibition of Consumer Products Containing Flame-Retardant Chemicals › Section 10.19.08.05 - Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a person
				  willfully violates this chapter, the Secretary may assess a civil penalty:
(1) For a first violation after receiving a
				  letter of reprimand, not exceeding $2,500;
(2) For a second violation, not exceeding
				  $5,000;
(3) For a third violation,
				  not exceeding $7,500; and
(4) For
				  any subsequent violation, not exceeding $10,000 for each violation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.08 - Prohibition of Consumer Products Containing Flame-Retardant Chemicals › Section 10.19.08.06 - Request for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to
				  preserve a right to a hearing on a violation and penalty of this chapter, a
				  person shall submit a written request to the Department for a hearing, if a
				  hearing is desired, within 10 days of receipt of the notice of violation and
				  penalty.
B. In accordance with the
				  Administrative Procedure Act, State Government Article, Title 10, Subtitle 2,
				  Annotated Code of Maryland, the Secretary shall provide for a hearing on the
				  violation by referring the matter to the Office of Administrative
				  Hearings.
C. The Office of
				  Administrative Hearings shall:
(1) Schedule
				  and conduct the hearing on the violation; and
(2) Render a decision and notify the parties
				  of the decision within 30 days after the hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.02 - Program Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A Maryland resident diagnosed with end-stage renal disease may apply for
				  certification with the Program.
B.
				  An applicant, or the applicant's representative, shall complete a written
				  application on the form designated by the Program.
C. Application Supporting Documents.
(1) The Program may require the following as
				  part of the application form or in addition to the application form:
(a) Copies of the previous year's federal
				  income tax return of the applicant and each individual in the applicant's
				  family;
(b) Current statements of
				  liquid assets owned by the applicant and each individual in the applicant's
				  family;
(c) The amount of the
				  current Social Security benefits and all retirement or pension benefits, or
				  both, of the applicant and each individual in the applicant's family;
(d) Documentation of the applicant's identity
				  as well as citizenship or nationality, to the Department's satisfaction, based
				  on federal requirements;
(e)
				  Verification of the applicant's status as a resident of Maryland;
(f) Verification of the applicant's Medicare
				  status;
(g) Verification concerning
				  the applicant's enrollment in any health insurance benefit plan;
(h) Physician's certification that the
				  applicant has ESRD;
(i) Physician's
				  certification that the applicant has begun a regular course of maintenance
				  renal dialysis in a certified facility or received a renal transplant, or
				  both;
(j) A signed statement
				  authorizing the Program to verify, from any source including banks, insurance
				  companies, and public or private agencies providing monetary benefits,
				  information submitted to the Program by the applicant; and
(k) Other information the Program determines
				  is needed to establish whetherthe applicant is eligible to be a
				  recipient.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.03 - Recipient Eligibility and Certification for Program Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible
				  for enrollment in the Program an applicant shall:
(1) Be a resident of Maryland and one of the
				  following:
(a) A citizen of the United
				  States,
(b) A qualified alien, as
				  specified in §C of this regulation, who is eligible in accordance with the
				  requirements related to the 5-year bar specified at §D of this regulation;
				  or
(c) An alien who is:
(i) Eligible for and receiving Supplemental
				  Security Income (SSI);
(ii) A
				  member of a federally recognized Indian tribe, as defined in
				  25 U.S.C. §
														450b(e); or
(iii) An American Indian born in Canada to
				  whom § 289 of the Immigration and Nationality Act (INA) applies.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.04 - Program Participation Fee

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A recipient whose family income exceeds 175 percent of the poverty income
				  guidelines or whose family liquid assets exceed 200 percent of the poverty
				  income guidelines, or both, at the time of initial application or reapplication
				  is required to pay an annual Program participation fee.
B. Family income for purposes of this
				  regulation includes the adjusted gross income, as defined in the Internal
				  Revenue Code for federal income tax purposes, plus Social Security benefits,
				  all pension or retirement benefits, or both, and all interest income not
				  otherwise included in the adjusted gross income for federal income tax
				  purposes, of the recipient and each person in the recipient's family.
C. The Program shall establish a recipient's
				  annual Program payment fee equal to the sum of:
(1) 5 percent of the amount by which the
				  family income exceeds 175 percent of the poverty income guidelines adjusted for
				  family size; plus
(2) 5 percent of
				  the family's liquid assets above 200 percent of the poverty income guidelines
				  adjusted for family size.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.05 - Preauthorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  procedures or services require preauthorization:
(1) Treatment that is provided outside of
				  Maryland;
(2) Pre-renal transplant
				  dental services;
(3) Ancillary
				  supplies for home intravenous antibiotic therapy;
(4) Durable medical equipment and disposable
				  medical supplies used in the home; and
(5) One pair of eyeglasses, one time
				  only.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.06 - License Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  pharmacy may not qualify as a provider without first having obtained a permit
				  from the Department pursuant to Health Occupations Article, Title 12, Annotated
				  Code of Maryland, or from the appropriate agency in the state in which the
				  pharmacy is located.
B. A pharmacy
				  that provides compounded prescriptions for home intravenous therapy shall be
				  licensed under the provisions of COMAR 10.34.19.
C. A doctor of medicine or osteopathy shall
				  be licensed and legally authorized to practice medicine and surgery, and to
				  dispense drugs in the state in which the service is provided.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.07 - Provider Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A. To
				  qualify as a provider, a pharmacy shall:
(1)
				  Maintain a permit from the Department pursuant to Health Occupations Article,
				  Title 12, Annotated Code of Maryland, or from the appropriate agency in the
				  state in which the pharmacy is located;
(2) To the extent required by law, be
				  licensed and legally authorized to practice or deliver services in the state in
				  which the service is provided; and
(3) Be a provider in the Maryland Medical
				  Assistance Program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.08 - Limitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program does
				  not cover a drug if:
(1) The manufacturer has
				  not provided the same rebate to the Kidney Disease Program as that provided for
				  State-Only Pharmacy Assistance recipients' purchases of drugs as is required
				  under § 1927(c) of Title XIX of the Social Security Act ( 42 U.S.C. §
				  1396r -8(c) );
(2) The Program has
				  provided notice to the manufacturer of the manufacturer's failure to provide
				  adequate rebates and its opportunity to request a waiver from the rebate
				  requirement under §A(3) of this regulation; and
(3) The manufacturer has failed to
				  demonstrate to the Secretary that the drug's availability is essential to
				  Kidney Disease Program recipients.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.09 - Payment Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  provider shall submit the request for Program payment for services rendered to
				  a recipient according to procedures established by the Program and in the form
				  designated by the Program.
B. The
				  Program reserves the right to return to the provider, before payment, all
				  invoices not properly signed, completed, and accompanied by properly completed
				  forms required by the Program.
C.
				  Billing Time Limits.
(1) The Program may not
				  make payments for an invoice that the Program receives more than 6 months from
				  the date of service, except for an invoice first submitted to Medicare, a
				  health insurer, or other third party for reimbursement.
(2) For an invoice initially submitted to a
				  third party for payment, the Program may not make payment unless the Program
				  receives the invoice within 6 months of the date of service or 3 months of the
				  third party's notification of payment action to the provider, whichever is
				  later.
(3) The Program shall make
				  payment on a claim which the Program returns to the provider due to improper
				  completion or incomplete information only if the claim is properly completed,
				  resubmitted, and received by the Program within the original 6 months, or
				  within 3 months of being returned, whichever is later.
(4) If Medicare, or a third party rejects a
				  provider's claim because the claim was not received within the third party's
				  billing time limits, the Program may not make payment on that claim.
(5) If the Program denies payment due to late
				  billing, a provider may not recover the amount later from either the recipient
				  or the Department.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.10 - Informal Reconsiderations and Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Informal Reconsideration.
(1) An applicant, recipient, or provider
				  dissatisfied with a decision, action, or inaction of the Department under this
				  chapter shall be granted an opportunity for an informal reconsideration of the
				  matter.
(2) The informal
				  reconsideration shall include:
(a) Written
				  notice to the applicant, recipient, or provider of the decision or action taken
				  by the Department and the basis for the decision or action;
(b) If applicable, a written description of
				  the basis for the Department's inaction;
(c) A reasonable opportunity for the
				  applicant, recipient, or provider to refute the basis of the Department's
				  decision, action, or inaction; and
(d) A written affirmation or reversal of the
				  Department's decision, action, or inaction.
(3) The opportunity to refute the
				  Department's decision, action, or inaction specified in §A(2)(c) of this
				  regulation may be provided:
(a) In a meeting
				  with a representative of the Program at the offices of the Program;
(b) By telephone conference; or
(c) In writing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.11 - Program Recovery and Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall seek recovery in all
				  cases when Program benefits have been incorrectly paid.
B. The Department shall accept reimbursement
				  when voluntarily offered by a current or former recipient or someone acting on
				  the recipient's behalf.
C. The
				  Department may institute any proceedings that the Department considers
				  necessary to require collection of uncollected fees.
D. The Program shall refer to the Central
				  Collection Unit in the Department of Budget and Fiscal Planning for
				  investigation and other appropriate action all cases in which a recipient has
				  received coverage erroneously as a result of the action or inaction of the
				  recipient.
E. The Department shall
				  investigate and take appropriate action in all cases in which eligibility has
				  been incorrectly established as a result of the action or inaction of a
				  recipient, representative, or person acting responsibly for the
				  recipient.
F. The Program shall
				  require a recipient to authorize the release to the Department of all data,
				  records, and information by insurance companies, nonprofit health service
				  plans, providers of medical care, employers, unions, governmental agencies, and
				  any other agencies, organizations, or individuals necessary for the
				  Department's pursuit of third-party reimbursement. The authorization extends to
				  all information relevant to third-party reimbursement or third-party health
				  care coverage.
G. The Department
				  shall collect available benefits from third parties determined liable to pay
				  for services received under the Program.
H. A recipient who receives medical services
				  that were or will be paid for by the Program is considered to have made
				  assignment to the Department of the:
(1)
				  Recipient's rights to any third-party payments for medical care; and
(2) Rights of any other individual eligible
				  under the plan, for whom the recipient can legally make an
				  assignment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 20 - KIDNEY DISEASE PROGRAM › Chapter 10.20.01 - General Regulations › Section 10.20.01.12 - Conflict with Regulations of the Kidney Disease Commission

Current through Register Vol. 51, No. 14, July 12, 2024
Pursuant to Health-General Article, §13-308(e),
					 Annotated Code of Maryland, the Department is authorized, after consulting with
					 the Commission, to adopt these regulations. Accordingly, these regulations
					 supersede any regulations issued by the Commission that concern nonmedical
					 issues.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the procedure for the involuntary admission of individuals to inpatient
				  mental hygiene facilities, including State facilities, private psychiatric
				  facilities, acute general hospitals with inpatient psychiatric units, and
				  Veterans' Administration hospitals pursuant to Health-General Article,
				  §§10-603, 10-613 -10-617, 10-620, 10-631-10-633, and 10-803-10-806,
				  Annotated Code of Maryland.
B. This
				  chapter is not intended to impose any exhaustion requirement upon an individual
				  as a prerequisite to the individual's pursuing concurrently or in any order any
				  available legal remedy to obtain release from an inpatient facility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.03 - Application for Involuntary Admission (IVA)

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for IVA shall:
(1) Have a legitimate interest in the welfare
				  of the individual for whom IVA is sought;
(2) Submit an application on the form
				  required by:
(a) The Veterans'
				  Administration, if the application is submitted to a Veterans' Administration
				  hospital; or
(b) The
				  Administration, if the application is submitted to an inpatient facility other
				  than a Veterans' Administration hospital;
(3) Fill out the appropriate form completely;
				  and
(4) Sign and date the
				  application form.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.04 - Physician's, Psychologist's or Psychiatric Nurse Practitioner's Certificate for Involuntary Admission (IVA).

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The following shall be submitted when initiating the IV A of an individual:
(1) An application for IV A completed under
				  the provisions of Regulation .03 of this chapter; and
(2) A certificate completed by:
(a) Two physicians;
(b) One physician and one psychologist;
				  or
(c) One physician and one
				  psychiatric nurse practitioner.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.05 - Notice of Status and Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  If an individual is confined on observation status in an inpatient facility on
				  the basis of an application and certificates for IVA, staff at the inpatient
				  facility shall inform the individual of the individual's status and rights:
(1) By giving the individual the Notice of
				  Status and Rights form described under §C of this regulation and provided
				  by the Administration;
(2) By
				  explaining the information on the form to the individual in English or in the
				  language and terms that are appropriate to the individual's condition and
				  ability to understand; and
(3) At
				  the following times:
(a) Within 12 hours of
				  the individual's initial confinement in an inpatient facility on the basis of
				  application and certificates for IVA under the provisions of Regulations .03
				  and .04 of this chapter;
(b) When
				  certificates for IVA are executed for the purpose of changing the individual's
				  status in accordance with Regulation .08B of this chapter; and
(c) When certificates are executed for the
				  purpose of recertifying the individual for a semiannual hearing in accordance
				  with Health-General Article, §10-806(d), Annotated Code of Maryland, and
				  Regulation .08C of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.06 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Staff at an
				  inpatient facility shall inform an individual of the individual's right to an
				  IVA hearing in accordance with the requirements for providing Notice of Status
				  and Rights delineated in Regulation .05 of this chapter.
B. Staff shall give the Notice of Hearing:
(1) Orally; and
(2) On the form provided by the OAH which
				  shall include:
(a) The date, time, and place
				  that the hearing will be held,
(b)
				  The legal authority for and purpose of the hearing,
(c) A short statement explaining why the
				  individual's involuntary admission is being sought,
(d) The standards delineated in
				  Health-General Article, §10-632, Annotated Code of Maryland, that govern
				  whether the individual shall be involuntarily admitted,
(e) Notice of the individual's right to
				  consult with an attorney of the individual's choice and, if the individual is
				  unable to afford an attorney, the availability of representation at the hearing
				  through the Office of the Public Defender, Mental Health Division,
				  and
(f) A list of the individual's
				  rights at a hearing as set forth in Regulation .09C of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.07 - Observation Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon a
				  properly executed application executed in accordance with Regulation .03 of
				  this chapter and certificates for IVA and all required attachments in
				  accordance with Regulation .04 of this chapter, an inpatient facility that
				  accepts individuals who are referred for IVA may take an individual into
				  confinement on observation status.
B. GES Evaluation. If an individual is an
				  emergency evaluee, and the individual is 65 years old or older, on the first
				  working day after the individual is taken into confinement on observation
				  status, staff at a State inpatient facility or Veterans' Administration
				  hospital shall:
(1) Notify the GES team in
				  the county where the individual resides; and
(2) Document whether the GES grants clearance
				  for the involuntary admission of the individual.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.08 - Schedule of IVA Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Initial Hearing.
(1) When an individual is
				  confined on observation status in an inpatient facility on the basis of
				  application and certificates for IVA, inpatient facility staff shall:
(a) Schedule a hearing to take place within
				  10 days of the individual's initial confinement in the inpatient
				  facility;
(b) Notify the OAH and
				  the OPD that the hearing has been scheduled; and
(c) Give the Notice of Status and Rights in
				  accordance with Regulation .05 of this chapter, and Notice of Hearing in
				  accordance with Regulation .06 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.09 - Conduct of IVA Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Powers and Duties of ALJ. An ALJ from the OAH shall conduct a hearing at the
				  inpatient facility according to the rules of procedure outlined in COMAR
				  28.02.01.
B. Location. Unless the
				  ALJ, for good cause, relocates a hearing, the hearing shall take place in the
				  inpatient facility where the individual is confined, and the inpatient facility
				  shall provide a room that:
(1) During the
				  hearing, is used for no other purpose;
(2) Has sufficient space and adequate and
				  appropriate furnishings to accommodate the ALJ, the parties, and any others
				  participating in the hearing; and
(3) Includes a speaker telephone that is
				  adequate for the purpose of taking testimony by telephone.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.10 - Evaluation Following ALJ Release

Current through Register Vol. 51, No. 14, July 12, 2024
If an individual is released from an inpatient facility by
					 an ALJ under the provisions of Regulation .09G(3) of this chapter, and the
					 individual's treating physician, psychologist or psychiatric nurse practitioner
					 determines, based on the individual's behavior and clinical condition after the
					 hearing, that the individual meets the requirements for IV A outlined in
					 Health-General Article, §10-617, Annotated Code of Maryland, and
					 Regulation .04C(4Xc)(i)-(v) of this chapter:
A. After the individual has been given the
				  opportunity to leave the inpatient facility, the treating physician,
				  psychologist, or psychiatric nurse practitioner may file a petition for
				  emergency evaluation as the means of initiating an emergency psychiatric
				  evaluation; and
B. The inpatient
				  facility may not accept the application and certificates for IVA that initiated
				  the individual's initial confinement under Regulation .07A of this chapter for
				  the purpose of taking the individual into confinement on observation status
				  following the release.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.11 - Discharge of an Involuntarily Admitted Individual and Referral for IVA in Another Inpatient Facility

Current through Register Vol. 51, No. 14, July 12, 2024
Unless an individual is discharged from one State inpatient
					 facility and referred for IVA in another State inpatient facility:
A. When an inpatient facility discharges an
				  individual who has been involuntarily admitted pursuant to Health-General
				  Article, §10-632, Annotated Code of Maryland, and Regulation .09G of this
				  chapter, and refers the individual for IVA in another inpatient facility,
				  appropriate staff at the discharging inpatient facility shall:
(1) Complete an application and certificates
				  for IVA, including the required documentation outlined in Regulation .04C(4) of
				  this chapter; and
(2) On or before
				  the date of the referral for IVA, provide all the records necessary for the
				  continuing care or treatment of the individual pursuant to Health-General
				  Article, §§4-306(a)(5), 4-307(h)(1)(i), 10-807(d), and 19-308.2,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.02 - Psychiatric Day Treatment Services › Section 10.21.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Adolescents"
				  means persons 13 to 18 years old.
B. "Board" means the executive authority and
				  policy-making group which operates a psychiatric day treatment center for
				  mentally ill persons.
C. "Children"
				  means persons younger than 13 years old.
D. "Consumer" means a person who has received
				  or is receiving services in any program, public or private, providing mental
				  health services or is the relative of a person receiving or having received
				  these services.
E. "Full treatment
				  day" for the purposes of these regulations means 6-1/2 hours. The minimum unit
				  of service or half treatment day is 4 consecutive hours.
F. "Health authority" means the Department of
				  Health and Mental Hygiene or a designated local health officer.
G. "Psychiatric day treatment center" means
				  the premises on which psychiatric day treatment is provided.
H. "Psychiatric day treatment services" means
				  intensive, nonresidential psychiatric treatment for any part of a 24-hour day
				  for a minimum of 4 consecutive hours per day. Patients admitted to these
				  services are those for whom at the time of admission, it is reasonable to
				  anticipate that maximum day treatment benefits would be achieved within 30 full
				  treatment days. If at any point in the course of treatment it is believed that
				  patients would benefit from additional intensive treatment, beyond the 30-day
				  period, continued day treatment may be provided, but the record shall document
				  justification for the continued intensive treatment. Day treatment services
				  provide flexible scheduling to meet the needs of the individual patient so that
				  the 30 treatment days may nor may not be consecutive. The services given may be
				  part of a psychiatric hospital program, or a psychiatric unit of a general
				  hospital, or a free-standing community-based mental health program which has an
				  arrangement for appropriate support services with a licensed general hospital
				  or a licensed psychiatric hospital. Psychiatric day treatment services provide
				  active psychiatric treatment. Psychiatric day treatment services do not provide
				  residential care, nor are they identical with socializing and activity
				  programs, recreational community programs, or day care facilities which do not
				  provide active psychiatric treatment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.02 - Psychiatric Day Treatment Services › Section 10.21.02.03 - Admission Policies

Current through Register Vol. 51, No. 14, July 12, 2024
A. Criteria
				  for admission shall be established for types of patients the program is
				  designed to benefit, the goals and objectives of treatment, and the means by
				  which these goals and objectives will be accomplished.
B. Admission criteria may not discriminate
				  against anyone on the basis of age, sex, race, creed, color, national origin,
				  or handicapping conditions. For clinical purposes, program services may be
				  offered for defined target groups.
C. Admission criteria shall take into account
				  the physical and medical status of the patient. Measures shall be taken to
				  assure that patients are free from communicable diseases, such as
				  tuberculosis.
D. Programs shall
				  require that the referring source submit written records whenever
				  possible.
E. Criteria for admission
				  shall be available to the utilization review committee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.02 - Psychiatric Day Treatment Services › Section 10.21.02.04 - Discharge Policies

Current through Register Vol. 51, No. 14, July 12, 2024
Criteria for discharge shall be established and shall be
					 available for use by the utilization review committee. Discharge criteria may
					 include, but not be limited to, symptomatic improvement; readiness for
					 participation in voluntary, educational, or vocational programs; achievement of
					 treatment goals; inability to comply with program requirements; or the need for
					 24-hour hospitalization.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.02 - Psychiatric Day Treatment Services › Section 10.21.02.05 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Clinical records
				  shall contain sufficient information to identify the patient clearly, to
				  support the diagnosis, to justify the treatment plan, and to document the
				  results accurately.
B. A clinical
				  record shall be established for every person admitted to a day treatment
				  program and shall include:
(1) Identifying
				  information, including names, current addresses, and telephone numbers of the
				  patients, relatives, or guardians;
(2) Presenting problem, the results of mental
				  and physical examinations, diagnosis, treatment plan, a record of the
				  implementation of the treatment plan, and the discharge disposition and
				  referrals;
(3) Evidence of
				  appropriate release-of-information procedures and informed consent, if
				  applicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.02 - Psychiatric Day Treatment Services › Section 10.21.02.06 - Staff

Current through Register Vol. 51, No. 14, July 12, 2024
A. Professional and
				  paraprofessional staff shall be adequate to carry out the treatment
				  program.
B. Minimum requirements
				  for the staff are as follows:
(1) The staff of
				  a psychiatric day treatment program shall be a multi-disciplinary team,
				  including a psychiatrist, a registered nurse, and representatives of other
				  appropriate disciplines, at least on a part-time basis.
(2) The psychiatrist on the team shall be
				  responsible for overall patient care. The mental health team, including a
				  psychiatrist, shall evaluate and make a diagnosis for each patient and shall
				  develop a treatment plan. After the treatment plan is made, a psychiatrist
				  shall be involved in the treatment plan as needed and shall be available on
				  call. He shall meet with the staff at least weekly to review treatment plans
				  for each individual patient.
(3)
				  Each day treatment program shall have a director with clearly defined authority
				  and responsibility for administration and service.
(4) Each program shall establish a system of
				  supervision and of continuing education and training for all staff, including
				  any students.
(5) If volunteers are
				  employed in patient care, programs shall provide a system of screening and
				  training volunteers. Volunteers shall receive continuing supervision in their
				  activities. The supervisor shall assure that volunteers are not asked to
				  perform duties beyond their skill and understanding.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.02 - Psychiatric Day Treatment Services › Section 10.21.02.07 - Medications

Current through Register Vol. 51, No. 14, July 12, 2024
Medications shall be stored separately in locked facilities
					 and dispensed by qualified staff, in conformity with Health Occupations
					 Article, §
										12-301, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.02 - Psychiatric Day Treatment Services › Section 10.21.02.08 - Organizational and Administrative Structure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any corporation delivering day treatment
				  services shall have a valid charter of incorporation.
B. Every day treatment program shall have a
				  mechanism to assure community and consumer participation in the establishment
				  of policies and procedures related to the operation of the program and for
				  continuing review and evaluation of the implementation of these policies.
				  Participation may be provided by inclusion of consumer and community
				  representatives in the membership of the board of directors, if one exists, or
				  by an advisory board whose members include consumer and community
				  representatives. Existing boards of directors or advisory boards of sponsoring
				  agencies may perform this function if consumer and community interests are
				  appropriately represented.
C.
				  Standards for Administration of Day Treatment Programs.
(1) There shall be an organizational chart
				  clearly showing intra-organizational relationships and lines of
				  authority.
(2) Every program shall
				  have a policies-and-procedures manual which, among other elements, describes
				  its mission, its geographic service area, its target population, its
				  organizational structure, its clinical policies, its operating procedures,
				  types of services provided, with responsibility for supervision clearly
				  defined.
(3) There shall be a
				  personnel policy manual which shall include written job descriptions for all
				  staff positions, policies and procedures for personnel evaluation, and
				  grievance procedures.
(4) Every
				  program shall have an itemized budget showing all sources of income and the
				  services being funded.
(5) All
				  programs shall maintain a generally accepted accounting system.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.02 - Psychiatric Day Treatment Services › Section 10.21.02.09 - Process of Approval and Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The Mental Hygiene Administration shall be responsible for approving the
				  programmatic aspects of the day treatment services. Approval shall be issued on
				  the basis of a formal scheduled site visit by a designated evaluation team of
				  the Administration on the basis of these regulations.
B. Initial Approval.
(1) The site-visit team shall make a
				  recommendation for approval or disapproval in writing to the Director of the
				  Mental Hygiene Administration. A copy of the recommendation shall be sent
				  simultaneously to the program.
(2)
				  The program shall have the right to question the recommendation of the
				  evaluation team by sending a reply in writing to the Director of the Mental
				  Hygiene Administration within 20 days of the receipt of the recommendation.
				  This reply shall give reasons why the recommendation is not
				  justified.
(3) Upon request, a
				  conference shall be held with all parties present before the final
				  determination.
(4) The Director of
				  the Mental Hygiene Administration shall have the final decision for granting or
				  withholding approval to programs after consideration of the position presented
				  by the evaluated program and after consultation with members of the site-visit
				  team.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.02 - Psychiatric Day Treatment Services › Section 10.21.02.10 - Physical Plant

Current through Register Vol. 51, No. 14, July 12, 2024
A. Location.
				  The premises on which a psychiatric day treatment center is to be located shall
				  be served by a good road. Accessible public transportation is
				  desirable.
B. Communication. There
				  shall be at least one telephone readily available - not a pay station or locked
				  telephone - in the building and additional telephones or extensions as may be
				  required to summon help promptly in case of fire or other
				  emergencies.
C. Buildings.
(1) Any building used for a psychiatric day
				  treatment center shall be kept in good repair, neat, clean, attractive, and
				  safe. Housekeeping shall meet the highest possible standards of hygiene and
				  cleanliness. All floors, walls, ceilings, windows, and fixtures shall be kept
				  clean. Interior walls and floors shall be of a character to permit frequent and
				  easy cleaning. The building shall be accessible to the handicapped. The
				  facility shall be kept free of unnecessary accumulations of unused furniture,
				  equipment, linen, clothing, and similar items. All paint shall be free from
				  lead.
(2) The director shall
				  provide for the safety and protection of all occupants and assure the
				  elimination of all hazards. Adequate provision and training shall be made for
				  fire-control equipment, fire escapes, and evacuation of persons in case of fire
				  or other emergency. Fire drills shall be held on a regular basis.
(3) Any proposed alterations, additions, or
				  changes shall be submitted to the health authority so that they may be approved
				  or disapproved with such recommendations as deemed necessary.