reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.29 - Community Mental Health Programs-Psychiatric Rehabilitation Services for Minors › Section 10.21.29.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, terms have the meanings stated in COMAR
					 10.21.17.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.29 - Community Mental Health Programs-Psychiatric Rehabilitation Services for Minors › Section 10.21.29.03 - Approval

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall grant approval to a program to be
					 eligible to receive State or federal funds for providing PRP services for
					 minors if the program meets the requirements:
A. For approval outlined in COMAR
				  10.21.16;
B. For administration
				  outlined in COMAR 10.21.17;
C. For
				  Medical Assistance providers outlined in COMAR 10.09.36, 10.09.59, and
				  10.09.70; and
D. Of this
				  chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.29 - Community Mental Health Programs-Psychiatric Rehabilitation Services for Minors › Section 10.21.29.04 - Program Model

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider
				  of PRP services for minors shall:
(1) Have a
				  facility that:
(a) Meets all relevant federal,
				  State, or local ordinances, laws, regulations, and orders governing the
				  program;
(b) Is not located in a
				  private residence;
(c) Is
				  accessible to the public; and
(d)
				  Contains a secure area where records, logs, and business information may be
				  kept;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.29 - Community Mental Health Programs-Psychiatric Rehabilitation Services for Minors › Section 10.21.29.04-1 - Notification and Consent Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A parent or guardian of a minor shall
				  receive all notifications and information regarding PRP services for a minor,
				  unless the minor is 16 years old or older and has consented to PRP services
				  rather than a parent.
B. If a minor
				  who is 16 years old or older and has consented to PRP services rather than a
				  parent or guardian, consent from the minor shall be obtained before providing a
				  parent or guardian any notifications or information regarding PRP services for
				  a minor.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.29 - Community Mental Health Programs-Psychiatric Rehabilitation Services for Minors › Section 10.21.29.05 - Eligibility, Screening, and Initiation of Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility.
(1) A minor is eligible for PRP services if,
				  as a result of a serious emotional disturbance, the:
(a) Minor:
(i) Has been referred for PRP services by a
				  licensed mental health professional who is providing inpatient, residential
				  treatment center, or outpatient mental health services to the minor;
(ii) Is currently in, and remains in active
				  mental health treatment; and
(iii)
				  Has the appropriate consent to participate in PRP services; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.29 - Community Mental Health Programs-Psychiatric Rehabilitation Services for Minors › Section 10.21.29.06 - Evaluation and Planning Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review of Somatic Status.
(1) According to provisions outlined in this
				  section and upon a minor's enrollment into the program, a staff member assigned
				  by the program director shall document in the minor's medical record:
(a) Pertinent past and current medical
				  history including:
(i) The minor's somatic
				  health problems, if any, including but not limited to allergies, neurologic
				  disorders, and communicable diseases;
(ii) Relevant medical treatment, including
				  medications; and
(iii) Needed
				  somatic care follow-up, if any; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.29 - Community Mental Health Programs-Psychiatric Rehabilitation Services for Minors › Section 10.21.29.07 - Rehabilitation and Support Services Provided

Current through Register Vol. 51, No. 14, July 12, 2024
A. PRP services may only be provided to a
				  minor if identified in the minor's IRP and referred for PRP services by:
(1) A licensed mental health professional who
				  is providing inpatient, residential treatment center, or outpatient mental
				  health services to the minor; and
(2) Staff who have been privileged by the
				  program to provide the services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.29 - Community Mental Health Programs-Psychiatric Rehabilitation Services for Minors › Section 10.21.29.08 - Discharge from Services

Current through Register Vol. 51, No. 14, July 12, 2024
The program director shall maintain clearly written
					 policies and procedures, which may be contained in one document, for the
					 process for discharge from the program as outlined in COMAR
					 10.21.17.11A.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.29 - Community Mental Health Programs-Psychiatric Rehabilitation Services for Minors › Section 10.21.29.09 - Program Staff

Current through Register Vol. 51, No. 14, July 12, 2024
A. Following an
				  analysis of the complexity and number of minors served, the program director,
				  with input from program staff, shall ensure the development of a staffing plan
				  that identifies the type and number of staff needed to implement the program's
				  rehabilitation service goals.
B. A
				  provider shall ensure that the staff includes the following, who are employed
				  by the PRP for the amounts of time outlined in §§C-E of this
				  regulation:
(1) A program director, who:
(a) Is qualified according to §F(1) of
				  this regulation and who is responsible for the duties under §F(2) of this
				  regulation; and
(b) May be
				  responsible for the duties of the rehabilitation specialist under §G(1)(b)
				  of this regulation, if the program director:
(i) Is qualified according to §G(1)(a)
				  of this regulation; and
(ii)
				  Devotes the time required, under §C, D, or E of this regulation, to the
				  development and implementation of rehabilitation services that reflect the need
				  of the minors served by the program;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.30 - Telemental Health Services › Section 10.21.30.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to public mental health system (PMHS) outpatient mental health centers
				  (OMHC) or individual psychiatrists to provide psychiatric consultation,
				  evaluation, and ongoing treatment, via interactive video telemental health
				  (TMH) technologies to eligible individuals:
(1) Located in designated rural geographic
				  areas of Maryland; or
(2) For whom
				  personal psychiatric services are not available.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.30 - Telemental Health Services › Section 10.21.30.03 - Approval

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall grant approval to a TMH provider to be
					 eligible to receive State or federal funds for providing interactive TMH
					 services if the TMH provider meets the requirements of this chapter and:
A. For outpatient mental health centers,
				  COMAR 10.21.20; or
B. If the TMH
				  provider is an individual psychiatrist, COMAR 10.09.36.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.30 - Telemental Health Services › Section 10.21.30.04 - Service Model

Current through Register Vol. 51, No. 14, July 12, 2024
A. TMH provides
				  the opportunity for community-based medical and mental health providers to
				  access general or subspecialty psychiatric care providers from other areas of
				  the State.
B. TMH providers may be
				  private practice, part of a hospital, academic, health, or mental health care
				  system.
C. PMHS approved
				  community-based providers or individual practitioners may engage in agreements
				  with TMH providers for services.
D.
				  Fee-for-service reimbursement shall be at an enhanced rate, as stipulated by
				  the Department, provided all applicable provisions of this chapter are met and
				  funds are available.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.30 - Telemental Health Services › Section 10.21.30.05 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Individual
				  Eligibility. An individual is eligible to receive TMH services if the
				  individual:
(1) Is Medicaid
				  eligible;
(2) Meets the eligibility
				  and medical necessity criteria for participation in the Public Mental Health
				  System;
(3) Resides in one of the
				  designated rural geographic areas or whose situation makes person-to-person
				  psychiatric services unavailable; and
(4) Voluntarily consents to TMH services,
				  which shall be documented in the individual's medical record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.30 - Telemental Health Services › Section 10.21.30.06 - Technical Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A provider of TMH health services shall have video
					 technology components as follows:
A. A
				  minimum bandwidth of 384 KBPS (H.263), 256 KBPS (H.264), or technical
				  equivalent;
B. A monitor with a:
(1) Minimum net display of 16" diagonally;
				  and
(2) Non-anamorphic video
				  picture display;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.30 - Telemental Health Services › Section 10.21.30.07 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
All originating and distant TMH sites shall comply with the
					 rules and regulations concerning the privacy and security of protected health
					 information under:
A. Health-General
				  Article, Title 4, Subtitle 3, Annotated Code of Maryland; and
B. The Health Insurance Portability and
				  Accountability Act of 1996 (HIPAA),
				  42 U.S.C. §§
											1320D et seq., as amended, and the
				  implementing regulations at 45 CFR Parts 160 and 164, as amended.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.30 - Telemental Health Services › Section 10.21.30.08 - Medical Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Originating
				  Site. The originating site shall:
(1) Be
				  responsible for maintaining a complete medical record as if the individual were
				  seen face-to-face at the originating site;
(2) Meet the facility and community standard
				  for medical record completion and retention, including applicable record
				  reviews; and
(3) Be responsible for
				  any proper release of information contained in an individual's medical
				  record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.30 - Telemental Health Services › Section 10.21.30.09 - Covered Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. TMH
				  services shall be authorized by the Administration's administrative service
				  organization.
B. The Department
				  shall reimburse an approved TMH provider for rendering the following
				  psychiatric services to an eligible child, adolescent, or adult via a
				  telecommunications system:
(1) Diagnostic
				  interview;
(2) Individual therapy,
				  with or without medication evaluation and management;
(3) Family therapy, with or without the
				  identified patient;
(4) Group
				  therapy for each individual, up to a maximum of 8 individuals;
(5) Outpatient evaluation and management for
				  a new or established patient;
(6)
				  Outpatient office consultation for a new or established patient;
(7) Initial inpatient consultation for a new
				  or established patient; and
(8)
				  Emergency department services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.30 - Telemental Health Services › Section 10.21.30.10 - Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A. There are three
				  categories of fees that the Department shall reimburse an approved TMH
				  provider, as applicable:
(1) Originating site
				  fee;
(2) Professional fee;
				  and
(3) Telepresenter
				  fee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.31 - Maryland Mental Health and Substance Use Disorder Registry and Referral System › Section 10.21.31.01 - Purpose and Effective Date

Current through Register Vol. 51, No. 14, July 12, 2024
Effective January 27, 2023, there is a Maryland Mental
					 Health and Substance Use Disorder Registry and Referral System to provide a
					 statewide system through which health care providers can identify and access
					 available inpatient and outpatient mental health and substance use services for
					 patients in a seamless manner.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.31 - Maryland Mental Health and Substance Use Disorder Registry and Referral System › Section 10.21.31.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to:
A. Hospitals under Health-General Article,
				  Title 19, Subtitle 3, Annotated Code of Maryland;
B. Freestanding medical facilities under
				  Health-General Article, Title 19, Subtitle 3(a), Annotated Code of Maryland;
				  and
C. Any other provider type
				  designated by the Department by issuance of a transmittal sent to all
				  designated providers.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.31 - Maryland Mental Health and Substance Use Disorder Registry and Referral System › Section 10.21.31.03 - 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) "Department" means the Maryland
				  Department of Health.
(2)
				  "Facility" means a hospital, freestanding medical facility, or provider
				  designated by the Department.
(3)
				  "Hospital" means a general or special hospital licensed under Health-General
				  Article, Title 19, Subtitle 3, Annotated Code of Maryland, and COMAR
				  10.07.01.
(4) "Maryland Mental
				  Health and Substance Use Disorder Registry and Referral System" or "Bed
				  Registry and Referral System" means the system operated by the Department
				  through which health care providers can identify and access available inpatient
				  and outpatient mental health and substance use services for patients.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.31 - Maryland Mental Health and Substance Use Disorder Registry and Referral System › Section 10.21.31.04 - Use

Current through Register Vol. 51, No. 14, July 12, 2024
A facility shall:
A. Refer an individual who may require
				  additional care coordination for inpatient, outpatient, or community-based
				  behavioral health services, after undergoing an initial psychiatric evaluation,
				  no later than 48 hours after arrival at the facility at a phone number or
				  website address designated by the Department through written directives to
				  implement the Bed Registry and Referral System; and
B. Provide all necessary patient information,
				  including, but not limited to, diagnosis and level of care recommendations to
				  the respective care coordination centers.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.31 - Maryland Mental Health and Substance Use Disorder Registry and Referral System › Section 10.21.31.05 - Daily Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A facility shall report current bed availability and census
					 information, and any additional relevant information requested by the
					 Department, to populate the inpatient psychiatric bed board as necessary to
					 keep the information updated, but not less than three times per day, during the
					 following periods:
A. 9 a.m. to 12
				  p.m.;
B. 1 p.m. to 3 p.m.;
				  and
C. 4 p.m. to 7 p.m.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.31 - Maryland Mental Health and Substance Use Disorder Registry and Referral System › Section 10.21.31.06 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hospital
				  that violates this chapter is subject to the fines, penalties, and actions
				  specified in Health-General Article, Title 19, Annotated Code of
				  Maryland.
B. A provider who
				  violates this chapter is subject to the fines, penalties, and actions specified
				  in Health-General Article, Title 7.5, Annotated Code of Maryland, and COMAR
				  10.63.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
The Developmental Disabilities Administration, Policy on
					 Reportable Incidents and Investigations, (Effective Date: January 15, 2013), is
					 incorporated by reference.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.01-1 - License Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  addition to any other license required by law, a person shall be licensed by
				  the Administration before the person may provide any of the following services
				  to an individual with a developmental disability or to an individual eligible
				  to receive individual support services:
(1)
				  Vocational and day services;
(2)
				  Community residential services;
(3)
				  Resource coordination;
(4) More
				  than one family support service, as defined in Health-General Article,
				  §7-701, Annotated Code of Maryland;
(5) More than one individual support service,
				  as defined in Health-General Article, §7-706, Annotated Code of Maryland;
				  and
(6) More than one community
				  supported living arrangement service as defined in Health-General Article,
				  §7-709, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.02 - Application for Initial License or Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. To obtain and maintain a license, an
				  applicant shall, at a minimum:
(1) Except for
				  local health departments, be properly organized as a Maryland corporation, a
				  forensic residential center (FRC), or a State residential center (SRC), or, if
				  operating as a foreign corporation, be properly registered to do business in
				  Maryland;
(2) Have a governing body
				  that is legally responsible for overseeing the management and operation of all
				  programs conducted by the licensee;
(3) Have a governing body that is legally
				  responsible for ensuring that each aspect of the licensee's program operates in
				  compliance with all of the requirements of this chapter and all other
				  applicable laws and regulations; and
(4) Except for currently licensed providers,
				  demonstrate the capability to provide or arrange for the provision of all
				  applicable services required by this chapter by submitting, at a minimum, the
				  following documents to the Department:
(a) A
				  business plan that clearly demonstrates the ability of the applicant to provide
				  services in accordance with this chapter;
(b) A summary of the applicant's demonstrated
				  experience in the field of developmental disabilities;
(c) Prior licensing reports issued within the
				  previous 10 years from any in-State or out-of-State entity associated with the
				  applicant, including deficiency reports and compliance records; and
(d) A written quality assurance plan approved
				  by the Administration in accordance with Regulation .14 of this chapter;
				  and
(5) If currently
				  licensed, produce, upon written request from the Administration, the document
				  required under §A(4) of this regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.04 - Compliance Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Administration, through its agent, the Office of Health Care Quality (OHCQ), is
				  responsible for monitoring and inspecting the Administration's licensees to
				  ensure regulatory compliance.
B.
				  The Administration shall conduct an on-site pre-licensure survey.
C. The Administration shall conduct announced
				  and unannounced licensure visits at any time the Administration considers
				  necessary, but at least annually, and provide the licensee with any
				  notification of noncompliance.
D.
				  The Administration shall conduct announced or unannounced complaint
				  investigation visits at any time the Administration considers necessary and
				  provide the licensee with notification of any noncompliance.
E. The licensee shall submit a plan of
				  correction (POC) at the end of an exit conference, or within 10 working days of
				  receipt of the findings of noncompliance. The POC due date may be sooner than
				  10 working days when the nature of the noncompliance warrants a more immediate
				  response, as determined by the OHCQ. The Director of the OHCQ may grant an
				  extension of not more than 30 days for the submission of the POC.
F. If a POC is deemed unacceptable by the
				  OHCQ, the licensee shall resubmit a revised POC within 10 working days to the
				  OHCQ for approval.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.05 - New Site, Site Closure, or Relocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee may not open, close, or
				  relocate any site without approval of the Administration. If a licensee intends
				  to open, close, or relocate any site, the licensee shall request approval from
				  the Administration and submit documentation as required by the Administration
				  at least 30 days before the date the licensee intends to make the
				  change.
B. If a licensee is
				  required to open, close, or relocate a site due to an emergency and the notice
				  requirements set forth in §A of this regulation cannot be met, the
				  licensee shall notify the regional director as soon as the change occurs. The
				  regional director shall notify the OHCQ of this change. The OHCQ shall ensure
				  that the change meets with its approval.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.06 - Licensed Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  license issued by the Administration shall include the number of individuals
				  for whom the licensee is permitted to provide services.
B. A licensee may exceed its licensed
				  capacity only if the Director:
(1) Requests
				  in writing that the licensee exceed its licensed capacity; or
(2) Approves a written request from a
				  licensee to exceed its licensed capacity.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.07 - Individual Family Care (IFC)

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  On the effective date of this chapter, a community residential licensee
				  providing IFC services may not contract with an IFC care provider who has a
				  contract with another community residential licensee who provides IFC
				  services.
B. Notwithstanding
				  §A of this regulation, an individual who is receiving services in an IFC
				  home before the effective date of these regulations may continue to receive
				  services in that home.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.08 - Governing Body

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local health
				  department's governing body is the governing body of the respective county as
				  set forth in Health-General Article, Title 3, Subtitle 3, Annotated Code of
				  Maryland.
B. Except for local
				  health departments, forensic residential centers (FRCs), and State residential
				  centers, the governing body of all licensees shall include, at a minimum, at
				  least one individual with a developmental disability, one family member of an
				  individual with a developmental disability, and an individual with experience
				  in the field of developmental disabilities.
C. Except for local health departments,
				  forensic residential centers (FRCs), and State residential centers, the
				  governing body of all licensees shall adopt written bylaws which require the
				  governing body to be legally responsible for:
(1) Overseeing the management and operation
				  of the licensee;
(2) Ensuring that
				  the licensee operates in compliance with all of the requirements of this
				  chapter and all other applicable laws and regulations;
(3) Approving a licensee's mission statement,
				  long-range goals, policies, procedures, and budget;
(4) Defining and prohibiting those
				  circumstances which would create a financial or personal conflict of interest
				  for members of the governing body, staff, care providers, volunteers, and
				  members of the standing committee;
(5) Ensuring that the licensee responds to
				  all POCs in a timely manner;
(6)
				  Approving a licensee's program service plan and ensuring that its services are
				  provided in accordance with the plan;
(7) Ensuring that at least 75 percent of the
				  governing body of a licensee shall be residents of the State or reside within a
				  100 mile radius of the administrative offices of the licensee, which shall be
				  located in the State unless the licensee:
(a)
				  Has established an Administration approved community-based advisory board or
				  committee; and
(b) Receives an
				  Administration approved waiver;
(8) Ensuring that no employee of a licensee
				  or immediate family member of an employee of a licensee may serve as a voting
				  member of the governing body of the licensee unless:
(a) The employee receives services from the
				  licensee; or
(b) The Administration
				  approves the composition of the governing body through an innovative program
				  services plan in accordance with Regulation .09 of this chapter; and
(9) Ensuring that by January 1,
				  2008, members of the governing body and employees of the licensee may not own
				  property that is leased back to the licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.09 - Program Service Plan (PSP)

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  To receive a license from the Administration under this chapter, the applicant
				  shall develop and submit for approval, as part of its application, a PSP for
				  each service it provides.
B. If the
				  licensee makes a change in its PSP, the licensee shall submit its revised PSP
				  for the Administration's approval before the implementation of the
				  changes.
C. The administrative head
				  of the licensee shall assure that the PSP is reviewed by its governing body and
				  updated at least every 3 years.
D.
				  The licensee shall comply with all provisions of its approved PSP.
E. Contents. The licensee shall ensure the
				  PSP includes the following components:
(1)
				  Rationale, which includes a discussion of the applicant's philosophy for the
				  provision of services;
(2) Scope,
				  which includes a discussion of the specific services to be provided;
(3) Staffing and training, which includes a
				  description of the staff or care providers necessary to provide the services
				  outlined in §E(2) of this regulation and a description of any additional
				  training required by its staff other than provided in Regulation .11 of this
				  chapter; and
(4) Setting and
				  location, which includes a description of where the services are to be provided
				  and the number of individuals expected to be served.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.11 - Staffing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Following an analysis of the number of individuals the licensee intends to
				  serve and the needs of each of these individuals being served, the licensee
				  shall develop and implement a staffing plan that adequately addresses the
				  health and safety needs of each individual and provides each individual with
				  the services identified in the IP. The staffing plan may include any person who
				  meets the training requirements of this regulation and who does not have a
				  criminal history as set forth in §B of this regulation. A staff person who
				  meets the above criteria may assume all responsibilities previously assigned to
				  a qualified developmental disabilities professional.
B. A licensee may not employ or contract with
				  any person who has a criminal history which would indicate behavior potentially
				  harmful to individuals, documented through either a criminal history records
				  check or a criminal background check, pursuant to Health-General Article,
				  §19-1902 et seq., Annotated Code of Maryland, and COMAR
				  12.15.03.
C. The licensee shall
				  develop and implement staff and care provider training and ensure through
				  appropriate documentation that, before being assigned independent duties:
(1) All staff and care providers receive
				  adequate training to perform their assigned duties;
(2) All staff and care providers successfully
				  complete the Administration's approved training to meet the specific needs of
				  the individuals they serve and to carry out their assigned duties, such as
				  training in:
(a) Seizure disorders,
(b) Principles of behavior change,
(c) Management of disruptive
				  behaviors,
(d) Medication
				  administration, and
(e) The aging
				  process and the special needs of the elderly; and
(3) All staff and care providers receive
				  training in blood-borne pathogens in accordance with OSHA guidelines found in
				  29 CFR §
												1910.1030, which is incorporated by
				  reference.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.12 - Health and Safety Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  To obtain and maintain licensure, a licensee shall ensure that any licensed
				  home or site in which the licensee provides services to individuals:
(1) Meets local zoning requirements, except
				  as otherwise set forth in Health-General Article, §7-603, Annotated Code
				  of Maryland;
(2) Meets local and
				  State building requirements;
(3)
				  Meets applicable life safety requirements;
(4) Is free from safety and health hazards;
				  and
(5) Is in good
				  repair.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.13 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee shall
				  maintain records for each individual at the site where the individual is being
				  served.
B. The records shall
				  include at a minimum:
(1) The identifying
				  information which appears on the individual's application for services from the
				  Administration;
(2) Sufficient
				  information that enables the licensee to provide services in a manner which
				  ensures the individual's health and safety, including:
(a) An emergency contact person for the
				  individual,
(b) The names of the
				  individual's next of kin,
(c) The
				  individual's physician,
(d) The
				  individual's current diagnosis,
(e)
				  Documented allergies of the individual, and
(f) A listing of the medications the
				  individual receives;
(3)
				  The IP as defined in COMAR 10.22.05;
(4) Documentation demonstrating
				  implementation of the IP; and
(5)
				  Any other information the Administration may require.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.14 - Quality Assurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  licensee shall submit a quality assurance plan and any subsequent substantive
				  changes to the plan to the Administration for approval.
B. The licensee shall develop and implement a
				  system of internal quality assurance which at a minimum:
(1) Is focused on the individual's choices,
				  preferences, and satisfaction, and includes personal contact with the
				  individuals being served;
(2) Has
				  outcomes and results that are measurable and may be incorporated into future
				  IPs for the individuals being served;
(3) Has outcomes and results that are
				  measurable and may be incorporated into systemic changes in a licensee's
				  operation;
(4) Collects and
				  evaluates data and analyzes trends identified through quality assurance
				  activities including:
(a) The name of the
				  individual with a behavior plan,
(b) The medication or other restrictive
				  technique used,
(c) The date and
				  time the restrictive technique was used,
(d) Whether the medication or other
				  restrictive technique was used as an emergency or as part of a behavior plan,
				  and
(e) Whether the medication or
				  other restrictive technique used is meeting the goals and objectives
				  established in the behavior plan;
(5) Provides for prompt and appropriate
				  response when an individual's health or safety is at risk; and
(6) Includes proactive strategies to improve
				  the quality of services, including health and safety.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.03 - Procedures for License Denials and Disciplinary Sanctions › Section 10.22.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter describes the procedures for a license denial
					 and disciplinary action against a licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.03 - Procedures for License Denials and Disciplinary Sanctions › Section 10.22.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to
				  the definitions set forth in COMAR 10.22.01, in this chapter, the following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Isolated scope" means that the
				  identified deficiency has occurred only once, in only one location, or for only
				  one individual.
(2) "Low scope"
				  means that the deficiency has occurred only occasionally, in sporadic
				  locations, or for only a few individuals.
(3) "Minor impact" means there has been
				  little or no negative effect on an individual's health, safety, rights, or
				  quality of life.
(4) "Moderate
				  impact" means an individual has experienced a significant health or safety
				  consequence, a violation of rights, or infringement on quality of life, or that
				  these consequences may likely occur in the near future.
(5) "Repeated scope" means that the
				  deficiency has occurred on a regular basis, in several locations, or for
				  several individuals.
(6) "Severe
				  impact" means an individual has experienced a deterioration in the individual's
				  medical or psychological condition, has been exposed to a serious safety risk,
				  has experienced frequent rights violations, or infringements on the
				  individual's quality of life, or that these consequences may likely occur in
				  the near future.
(7) "Widespread
				  scope" means that the deficiency has occurred consistently, in most locations,
				  or for a majority of people.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.03 - Procedures for License Denials and Disciplinary Sanctions › Section 10.22.03.03 - Failure to Submit Acceptable Plan of Correction

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee, including a licensee with deficiencies having
					 only a minor impact, is subject to any intermediate sanction set forth in
					 Regulation .04 of this chapter for failure to comply with COMAR
					 10.22.02.04EE and
					 F.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.03 - Procedures for License Denials and Disciplinary Sanctions › Section 10.22.03.04 - Intermediate Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. After
				  notice and an opportunity for a hearing, the Director may impose any
				  intermediate sanctions listed in §B of this regulation if:
(1) Deficiencies have a moderate impact and
				  the scope of the deficiencies occurs on an isolated, low, repeated, or
				  widespread basis; or
(2)
				  Deficiencies have a severe impact and the scope of the deficiencies occurs on
				  an isolated, low, repeated, or widespread basis.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.03 - Procedures for License Denials and Disciplinary Sanctions › Section 10.22.03.05 - Summary Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant
				  to State Government Article, §
										10-226(c)(2),
				  Annotated Code of Maryland, and if appropriate, after a pre-deprivation
				  hearing, the Director may summarily order the suspension of a license if the
				  Administration finds that the public health, safety, or welfare imperatively
				  requires emergency action.
B. The
				  Director shall notify the licensee in writing of the suspension, the findings,
				  and the reasons that support the findings, and, when appropriate, the
				  opportunity for a pre-deprivation hearing. The notice shall include:
(1) The proposed order for summary suspension
				  which includes:
(a) The statutory and
				  regulatory authority upon which the order is based,
(b) The facts supporting the alleged
				  violations of law,
(c) The facts
				  supporting the belief that there is an imminent danger to the health, safety,
				  and welfare of individuals, and
(d)
				  The licensee's right to appeal the summary suspension, if executed by the
				  Director; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.03 - Procedures for License Denials and Disciplinary Sanctions › Section 10.22.03.06 - Denial, Probation, Suspension, or Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to any intermediate sanctions,
				  the Director may deny a license or take disciplinary action against a licensee
				  if:
(1) An applicant fails to meet the
				  regulations governing the services for which it is applying for a
				  license;
(2) A licensee fails to
				  comply with the regulations governing its services; or
(3) A licensee fails to cooperate with the
				  Department during an investigation or licensing survey.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.03 - Procedures for License Denials and Disciplinary Sanctions › Section 10.22.03.07 - Procedures for Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				  the Secretary proposes to deny a license or take disciplinary action against a
				  licensee, the Director shall give the licensee written notice according to
				  Regulation .06 of this chapter.
B.
				  Within 10 working days of receipt of the notice, the governing body or health
				  officer may file a written request for a hearing with the Office of
				  Administrative Hearings with copies of the request to the:
(1) Director;
(2) Regional director; and
(3) Administrative prosecutor.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.04 - Values, Outcomes, and Fundamental Rights › Section 10.22.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter identifies the values and outcomes that
					 enhance the quality of life for individuals who are receiving services in the
					 SRCs, FRCs, and the community. It is understood, however, that all of the
					 referenced outcomes might not be evident in the lives of all individuals at all
					 times. The licensee shall make every effort to facilitate the achievement of
					 these outcomes. It is understood, however, that the achievement of these
					 outcomes may be influenced by the needs, preferences, and desires of an
					 individual, health and safety considerations, or fiscal
					 limitations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.04 - Values, Outcomes, and Fundamental Rights › Section 10.22.04.02 - Values to be Considered in the Development of the IP

Current through Register Vol. 51, No. 14, July 12, 2024
The following values shall be considered in the development
					 of the IP:
A. Personal well-being,
				  which includes:
(1) Receiving health care
				  services that respond to the individual's needs and are consistent with those
				  of the general population;
(2)
				  Living and working in places that are safe;
(3) Having access to the places in which the
				  individual lives, works, and receives services;
(4) Having continuity and security;
(5) Having one's basic needs met;
				  and
(6) Having the time, space, and
				  opportunity for privacy;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.04 - Values, Outcomes, and Fundamental Rights › Section 10.22.04.03 - Fundamental Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				  individual is entitled to the basic rights set forth in Health-General Article,
				  7-1002-----7-1004, Annotated Code of Maryland, unless the individual's team
				  decides it is necessary to restrict a right. If the restriction is due to a
				  challenging behavior, the licensee shall follow the procedures outlined in
				  COMAR 10.22.10. If it is necessary to restrict a right not related to a
				  challenging behavior, the standing committee shall review, approve, and
				  establish the time frame for the restriction. The licensee shall:
(1) Document in the IP the:
(a) Right being restricted,
(b) Reason for the restriction,
(c) Conditions under which the restriction is
				  employed,
(d) Efforts to restore
				  the right to the individual, and
(e) Conditions under which the right would be
				  restored;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.05 - The Individual Plan › Section 10.22.05.01 - Rationale

Current through Register Vol. 51, No. 14, July 12, 2024
Through an individual directed approach, each individual,
					 with assistance from the individual's team, is the designer of the services and
					 supports reflected in the individual plan (IP). The provision of these services
					 and supports may be influenced by health and safety considerations or resource
					 limitations. This chapter applies to individuals living in the community, FRCs,
					 and SRCs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.05 - The Individual Plan › Section 10.22.05.02 - Components of the IP

Current through Register Vol. 51, No. 14, July 12, 2024
A. The IP
				  is:
(1) A single plan for the provision of
				  services and supports to the individual;
(2) Directed by the individual;
(3) Outcome oriented; and
(4) Intended to specify all needed
				  assessments, services, and training.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.05 - The Individual Plan › Section 10.22.05.03 - Development and Implementation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The resource coordinator, as defined in COMAR 10.22.09, shall ensure that:
(1) Each individual, other than an individual
				  receiving respite services in the community, has an IP that is developed not
				  more than 30 calendar days after receiving services;
(2) The IP is developed in a manner
				  consistent with the values and outcomes in COMAR 10.22.04, and the provisions
				  of any other relevant State or federal laws;
(3) Each individual is provided with a range
				  of the most integrated setting service options that may be appropriate;
				  and
(4) The IP meetings are held at
				  a time and place convenient to the individual.