reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.18 - Sexual Abuse Awareness and Prevention Training › Section 10.01.18.04 - Training Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation applies to the following covered programs as defined in Regulation
				  .02 of this chapter:
(1) State
				  facilities;
(2) Vocational and day
				  service programs;
(3) Psychiatric
				  rehabilitation programs for adults and minors;
(4) Residential rehabilitation programs;
				  and
(5) Supported employment
				  programs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.18 - Sexual Abuse Awareness and Prevention Training › Section 10.01.18.05 - Mandatory Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to the following
				  covered programs as defined in Regulation .02 of this chapter:
(1) Non-State operated residential treatment
				  centers for emotionally disturbed children and adolescents;
(2) Vocational and day service
				  programs;
(3) Psychiatric
				  rehabilitation programs for adults and minors;
(4) Residential rehabilitation programs;
				  and
(5) Supported employment
				  programs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.18 - Sexual Abuse Awareness and Prevention Training › Section 10.01.18.06 - Reporting Requirements for State Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to State
				  facilities.
B. For purposes of this
				  regulation, "discovery" means staff observes, receives a complaint from an
				  individual or other source, or otherwise has reason to believe that
				  inappropriate sexual behavior has occurred.
C. A State facility shall comply with the
				  reporting requirements of:
(1) COMAR
				  07.02.16.04;
(2) COMAR
				  07.02.07.04;
(3) This chapter; and
(4) Any other applicable law or regulation
				  requiring the reporting of inappropriate sexual behavior.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.18 - Sexual Abuse Awareness and Prevention Training › Section 10.01.18.07 - Additional Requirements for State Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to State
				  facilities.
B. Screening and
				  Prevention Policies.
(1) The facility shall
				  adopt and enforce written policies and procedures for ensuring the facility
				  screens for, and takes reasonable steps to mitigate, an individual's risk of
				  being subjected to, or the perpetrator of, inappropriate sexual behavior in
				  accordance with the requirements set forth in this chapter.
(2) The facility shall provide training to
				  staff members, upon hire and annually thereafter, regarding:
(a) The policies and procedures governing the
				  risk screening and protection plans; and
(b) Detection and prevention of inappropriate
				  sexual behavior in accordance with this chapter.
(3) The Department shall utilize a uniform
				  risk assessment screening tool.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.18 - Sexual Abuse Awareness and Prevention Training › Section 10.01.18.08 - Internal Complaint Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  This regulation applies to the following covered programs as defined in
				  Regulation .02 of this chapter:
(1)
				  Vocational and day service programs;
(2) Psychiatric rehabilitation programs for
				  adults and minors;
(3) Residential
				  rehabilitation programs; and
(4)
				  Supported employment programs;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.18 - Sexual Abuse Awareness and Prevention Training › Section 10.01.18.09 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
State and federal confidentiality laws and regulations
					 shall govern the redisclosure of information disclosed in all actions taken
					 upon a report or complaint of inappropriate sexual behavior.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.20 - Nursing Facility Quality Assessment › Section 10.01.20.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to the collection by the Department of Health and Mental Hygiene of a
				  quality assessment, pursuant to Health-General Article, §19-310.1,
				  Annotated Code of Maryland, to be paid on a quarterly basis by nursing
				  facilities subject to the assessment.
B. All amounts collected under this chapter
				  shall be distributed to a special fund to be used by the Department only to
				  fund reimbursements to nursing facilities under the Medicaid program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.20 - Nursing Facility Quality Assessment › Section 10.01.20.02 - 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) "Assessment" means the quality assessment
				  paid on a quarterly basis by each nursing facility subject to this chapter,
				  determined by the Department for each facility based upon an amount per
				  non-Medicare day of service for the previous quarter of the State fiscal
				  year.
(2) "Department" means the
				  Department of Health and Mental Hygiene.
(3) "Medicaid" means the Medical Assistance
				  Program in the Department of Health and Mental Hygiene.
(4) Nursing Facility.
(a) "Nursing facility", for purposes of this
				  chapter, means a nursing facility, as defined in Health-General Article,
				  §19-301, Annotated Code of Maryland, that has 45 or more beds, and
				  operates in the State.
(b) "Nursing
				  facility" does not include a continuing care retirement community that has
				  obtained a certificate of registration to provide continuing care under Human
				  Services Article, Title 10, Subtitle 4, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.20 - Nursing Facility Quality Assessment › Section 10.01.20.03 - Collection of Nursing Facility Quality Assessment

Current through Register Vol. 51, No. 14, July 12, 2024
A. On or before the 60th day after each
				  quarter of the State fiscal year, each nursing facility subject to the quality
				  assessment shall pay the specified amount into a bank account established under
				  the authority of the State Treasurer.
B. Late Charge.
(1) Payments not postmarked on or before the
				  60th day after each quarter are subject to an interest amount equal to the
				  State of Maryland General Fund investment portfolio interest rate in effect at
				  the time the payment is due.
(2)
				  The late charge is a one-time imposition for each quarterly delinquent payment
				  and shall equal the applicable interest rate multiplied by the quality
				  assessment amount that is unpaid on the payment due date.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.21 - Medical Orders for Life-Sustaining Treatment (MOLST) Form - Procedures and Requirements › Section 10.01.21.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the Medical Orders for
					 Life-Sustaining Treatment (MOLST) form, instructions, and certain related
					 procedures and requirements developed by the Department of Health and Mental
					 Hygiene, in conjunction with the Board of Physicians and the Maryland Institute
					 for Emergency Medical Services Systems.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.21 - Medical Orders for Life-Sustaining Treatment (MOLST) Form - Procedures and Requirements › Section 10.01.21.03 - Nature and Contents of the MOLST Form and Instructions

Current through Register Vol. 51, No. 14, July 12, 2024
The content of the form and the form's instructions are as
					 follows:
Click here
					 to view Image
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.21 - Medical Orders for Life-Sustaining Treatment (MOLST) Form - Procedures and Requirements › Section 10.01.21.04 - Use of the MOLST Form

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Definitions.
(1) In this regulation, the
				  following terms have the meanings indicated.
(2) Defined Terms.
(a) "Completing a MOLST form" means:
(i) Certifying, when applicable, the bases
				  for the orders contained therein;
(ii) Completing section one for all patients
				  and only those sections two through nine of the form that are related to the
				  patient's current medical condition and wishes for care; and
(iii) Signing and dating the MOLST
				  form.
(b) "Updating a
				  MOLST form" means to revise an existing MOLST form by voiding the existing form
				  and completing a new MOLST form in accordance with the form's
				  instructions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.21 - Medical Orders for Life-Sustaining Treatment (MOLST) Form - Procedures and Requirements › Section 10.01.21.05 - Resolving Conflicts Between MOLST Forms

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the medical records of a patient
				  contain more than one MOLST form, the orders contained in the most recent MOLST
				  form shall be followed unless and until the form is updated.
B. If MOLST forms completed on different
				  dates contain conflicting orders, a health care provider shall:
(1) To the extent feasible, discuss any
				  conflicts with the patient or authorized decision maker; and
(2) Complete an updated MOLST form to reflect
				  the current wishes of the patient or authorized decision maker.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.21 - Medical Orders for Life-Sustaining Treatment (MOLST) Form - Procedures and Requirements › Section 10.01.21.06 - Reproduction and Alteration of the MOLST Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. A health care provider may freely copy,
				  store electronically, and subsequently print or otherwise reproduce the
				  form.
B. A health care provider may
				  not alter the contents or format of the form.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.21 - Medical Orders for Life-Sustaining Treatment (MOLST) Form - Procedures and Requirements › Section 10.01.21.07 - Immunity

Current through Register Vol. 51, No. 14, July 12, 2024
A health care provider that, in good faith, authorizes the
					 provision, withholding, or withdrawing of treatment in furtherance of orders
					 contained in a MOLST form is entitled to the immunity provided under
					 Health-General Article, §5-609, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
It is the intent of this chapter that:
A. The cost of care of a recipient of
				  services be determined in accordance with the charges for health services set
				  under this chapter;
B. There be a
				  single or, if appropriate, bundled charge for each health service rendered to
				  an individual, including an individual in a group session or family group
				  session; and
C. The methods for
				  determining full costs be uniform among all units.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.01-1 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to:
A. All inpatient facilities operated by the
				  Department;
B. All local health
				  departments' programs funded by the Department;
C. All private or public alcohol and drug
				  abuse providers funded by the Behavioral Health Administration;
D. Adult day care funded by the Office of
				  Health Services; and
E. Family
				  planning services funded by the Prevention and Health Promotion
				  Administration.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.04 - Setting of Charges for Local Health Departments

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall approve a Schedule of
				  Charges for each local health department containing the CPT-based charges for
				  health services provided by the local health department which remain in effect
				  until changed as provided in this chapter
B. CPT-Based Charge.
(1) Each health service for which payment is
				  sought shall be assigned an applicable CPT code.
(2) Approved Method for Determining CPT-Based
				  Charges.
(a) The CPT-based charge for each
				  health service shall be equivalent to 150 percent of the Medicare participating
				  provider fee allowance for the corresponding CPT code in the most recent
				  Medicare Physician's Fee Schedule for Maryland or the Washington, DC, suburbs,
				  as appropriate, which is updated annually in the Federal Register by the United
				  States Department of Health and Human Services, Centers for Medicare and
				  Medicaid Services, in accordance with
				  42 U.S.C. §
													1395w-4.
(b) For any health service performed by a
				  local health department for which a rate is not assigned in the applicable
				  Medicare Physicians Fee Schedule, the CPT-based charge shall be equivalent to
				  150 percent of the Maryland Medical Assistance participating provider fee
				  allowance for the corresponding CPT code in the Professional Services Provider
				  Manual and Fee Schedule, as published by the Department and incorporated by
				  reference in COMAR
				  10.09.02.07D.
(c) For any health service
				  performed by a local health department for which a rate is not assigned on the
				  applicable Medicare Physicians Fee Schedule or in the Manual Professional
				  Services Provider Manual and Fee Schedule, the CPT-based charge shall be
				  equivalent to the average hourly rate of the employees providing the service to
				  the recipients of services,, calculated based upon current fiscal year salaries
				  and fringe benefits, multiplied by the projected time of service with recipient
				  of services, plus 20 percent for indirect costs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.05 - Setting of Charges for State-Operated Inpatient Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inpatient
				  Charge.
(1) For each fiscal year, a daily per
				  capita inpatient cost of care for a State-operated inpatient facility shall be
				  determined by:
(a) Utilizing the legislatively
				  approved budget for the inpatient facility;
(b) Adding the federal indirect cost and
				  Statewide and departmental overhead, less shared cost, for the applicable
				  fiscal year; and
(c) Dividing the
				  amount determined in §A(1)(b), of this regulation, by the average daily
				  population of the facility for the applicable fiscal year to arrive at the
				  daily per capita inpatient cost of care for the facility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.06 - Setting of Charges for Private Providers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A private provider shall submit annually,
				  to the Division, a cost report and proposed recommended Schedule of Charges,
				  pursuant to instructions provided by the Division.
B. At least annually, the Secretary shall
				  approve a Schedule of Charges recommended for each private provider containing
				  the per service charges for each private provider which remain in effect until
				  changed as provided in this chapter.
C. Per Service Charge.
A charge for each service provided shall be determined for
					 each private provider by:
(1)
				  Calculating the actual cost for each type of service provided;
(2) Adjusting the actual cost determined in
				  §C(1) of this regulation for depreciation and inflation, less equipment
				  cost; and
(3) Dividing the amount
				  determined in §C(2) of this regulation by the actual units of service
				  provided.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.07 - Setting of Charges for Laboratories Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Laboratories Administration shall
				  submit annually, to the Division, a cost report and proposed recommended
				  Schedule of Charges, pursuant to instructions provided by the
				  Division.
B. At least annually, the
				  Secretary shall approve a Schedule of Charges recommended for each type of
				  laboratory service which remains in effect until changed as provided in this
				  chapter.
C. Charge for a Laboratory
				  Service. A laboratory service charge shall be determined by:
(1) Calculating the total cost of a type of
				  laboratory test which may include, but is not limited to, salary and fringe
				  benefits of staff dedicated to the type of laboratory service, and reagents,
				  supplies, and equipment used in the type of laboratory service;
(2) Calculating the total number of units of
				  each type of laboratory test performed; and
(3) Dividing the total cost of a type of
				  laboratory test, as determined in §C(1) of this regulation, by the total
				  number of units of each laboratory service, as determined in §C(2) of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.08 - Determination of Ability to Pay and Fees to be Collected

Current through Register Vol. 51, No. 14, July 12, 2024
A. For inpatient care rendered in facilities
				  operated by the Department, fees shall be established in conformity with
				  applicable statutory requirements and regulations issued by the Secretary. The
				  following apply:
(1) The total cost of care
				  of each recipient of services is, in the first instance, the responsibility of
				  the recipient of services and also the chargeable person as provided in
				  Health-General Article, §16-102(b), Annotated Code of Maryland. Any
				  uncollectible costs for services provided to the recipient shall become the
				  responsibility of the State.
(2) In
				  accordance with the provisions of Health-General Article, §16-101 et seq.,
				  Annotated Code of Maryland, recipients of services and other chargeable persons
				  shall be jointly and severally liable for payment of inpatient charges as set
				  forth in the Schedule of Charges adopted by the Secretary pursuant to
				  Regulation .05 of this chapter. The Department will bill all recipients of
				  services and chargeable persons on the basis of their available financial
				  resources including insurance and third-party payers, up to but not exceeding
				  the full per capita daily charge for services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.09 - Billing and Collection of Charges and Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Billings and collections for care rendered
				  in State operated inpatient facilities shall be calculated by the Department in
				  accordance with the following procedures:
(1)
				  The Department shall conduct a financial investigation of a recipient of
				  services or chargeable persons' ability-to-pay in accordance with the
				  requirements of COMAR
				  10.04.02.03 a and .04;
(2) Based on the foregoing investigation, the
				  Department shall prepare a Notice of Rate Establishment Form setting forth that
				  portion of those charges for which the recipient of services or chargeable
				  person shall be responsible;
(3)
				  Upon receipt of the Notice of Rate Establishment, a recipient of services or
				  chargeable person may, within 10 days, request the Division to conduct an
				  informal review of the billing in accordance with COMAR
				  10.02.03.04 a, or may note an
				  appeal from the billing in accordance with COMAR
				  10.02.03.05 a, or both.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.10 - Distribution and Application of Amounts Collected

Current through Register Vol. 51, No. 14, July 12, 2024
A. All payments made under the provisions of
				  this subtitle for services rendered through facilities and programs of the
				  Department shall be made to and collected by the Department, and shall be
				  accounted for and deposited into the General Funds of the State Treasury by the
				  Department.
B. Local health
				  departments and other providers shall report all funds collected as revenues
				  which are to be treated in accordance with Department or federal grant
				  guidelines or other agreements and contracts under which their programs are
				  funded.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.01 - Charges for Services Provided Through the Department of Health and Mental Hygiene › Section 10.02.01.11 - Records and Reports Required

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An individual financial record for each recipient of services or chargeable
				  person shall be maintained, which shall contain relevant financial information
				  including:
(1) The ability-to-pay
				  determination, including, when available, applicable documents appropriate to
				  the verification of assets, income, expenses, allowances and
				  exemptions;
(2) The types and dates
				  of services rendered and the approved charges, the amounts and dates of
				  collections;
(3) An indication of
				  the recipient of services eligibility for any federal program providing funding
				  for the services rendered;
(4) A
				  signed authorization to release medical information and assignment of
				  third-party benefits;
(5) Any other
				  information as may be required by the Secretary from time to time.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.02 - Abandonment or Abuse of Responsible Relatives by Recipients of Care › Section 10.02.02.01 - 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) "Abandonment" means wrongful and
				  continuous absence by a:
(a) Spouse from the
				  home for a period of 18 months or longer, immediately before the recipient of
				  services' hospitalization; or
(b)
				  Parent coupled with failure to support a child, or children, for a period of 18
				  months or more during the child's or children's minority.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.02 - Abandonment or Abuse of Responsible Relatives by Recipients of Care › Section 10.02.02.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
It is the policy of the Department of Health and Mental
					 Hygiene, in accordance with:
A.
				  Health-General Article, §16-203(a)(3), Annotated Code of Maryland, to
				  excuse a legally responsible relative from contributing to the cost of
				  in-patient care of a recipient of services if that legally responsible relative
				  has been abandoned by the recipient of services;
B. Health-General Article,
				  §16-203(a)(4), Annotated Code of Maryland, to excuse all legally
				  responsible relatives from contributing to the cost of in-patient care of a
				  recipient of services if that recipient of services has committed any of the
				  following actions in relation to any legally responsible relative:
(1) Abuse or physical abuse;
(2) Crime of violence; or
(3) Sexual abuse.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.02 - Abandonment or Abuse of Responsible Relatives by Recipients of Care › Section 10.02.02.03 - Burden of Proof

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  responsible relative claiming to have been abused, sexually abused, abandoned,
				  or subjected to a crime of violence by the recipient of services shall have the
				  burden of establishing to the satisfaction of the Department by a preponderance
				  of the evidence that the legally responsible relative was abandoned, abused,
				  sexually abused, or subjected to a crime of violence by the recipient of
				  services.
B. Acceptable evidence
				  for abuse and crimes of violence includes, but is not limited to:
(1) Police reports; or
(2) Medical records, or medical statements
				  prepared by a physician, physician's assistant, or nurse.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.03 - Appeal Hearings to the Division of Reimbursements › Section 10.02.03.01 - 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) "Administrative law judge" means an
				  individual appointed by the Chief Administrative Law Judge under State
				  Government Article, §
											9-1604, Annotated
				  Code of Maryland, or designated by the Chief Administrative Law Judge under
				  State Government Article, §
											9-1607, Annotated
				  Code of Maryland.
(2) "Appellant"
				  means any individual who requests an appeal hearing for the reasons specified
				  in Regulation .02, of this chapter.
(3) "Chargeable person" means any responsible
				  relative and, except for a recipient of services, any other person who is
				  legally responsible in an individual or representative capacity for the care of
				  the individual.
(4) "Division"
				  means the Division of Reimbursements of the Department of Health and Mental
				  Hygiene.
(5) Recipient of Services.
(a) "Recipient of services" means an
				  individual who receives care, maintenance, treatment, or support in a facility
				  or program that is operated or funded wholly or partly by the
				  Department.
(b) "Recipient of
				  services" includes, but is not limited to an individual:
(i) In a public facility under Health-General
				  Article, Title 10, Annotated Code of Maryland;
(ii) In a facility or Veterans Administration
				  hospital for comprehensive evaluation under the Health-General Article, Title
				  7, Annotated Code of Maryland;
(iii) In a residential, public facility or a
				  facility from which this State obtains residential care under Health-General
				  Article, Title 7, Annotated Code of Maryland; and
(iv) In a facility operated under Public
				  Health Services.
(6) "Responsible relative" means the:
(a) Spouse of a recipient of
				  services;
(b) Parents of a
				  recipient of services who is a minor; and
(c) Children of a recipient of
				  services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.03 - Appeal Hearings to the Division of Reimbursements › Section 10.02.03.02 - Opportunity for an Appeal Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
An opportunity for an appeal hearing shall be granted
					 when:
A. A rate is established (or
				  increased) against an individual in an amount which is deemed by the individual
				  to be arbitrary and excessive in accordance with the individual's financial
				  circumstances;
B. An individual is
				  aggrieved by any division policy, action, or inaction:
(1) Which affects the charges established or
				  manner of billing; or
(2) Results
				  in an increase in the rates established;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.03 - Appeal Hearings to the Division of Reimbursements › Section 10.02.03.03 - Notification of Right to Request an Appeal Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whenever the Division conducts an
				  investigation of an individual's financial resources and issues a notice of
				  rate establishment for services rendered to a recipient of services in
				  accordance with COMAR
				  10.02.01.05 a, the Division shall
				  provide written notification to the individual of his or her right to seek an
				  informal review or an appeal, or both, from the rates established by the
				  Division.
B. The notification
				  specified in §A of this regulation shall:
(1) Advise the individual of the matters
				  which are the proper subject of an appeal hearing as provided in Regulation
				  .02, of this chapter;
(2) Advise
				  the individual of his right to be represented by a lawyer or other person of
				  his choice during the entire hearing process;
(3) Advise the individual that he may present
				  witnesses and documents in his behalf at the hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.03 - Appeal Hearings to the Division of Reimbursements › Section 10.02.03.03-1 - Request for a Rate Review

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  If a recipient of services or other chargeable person submits a written request
				  that the Division review the notice of rate establishment, the financial agent
				  for the Division shall:
(1) Review the notice
				  of rate establishment to determine the accuracy of the charges
				  established;
(2) Review all
				  pertinent information presented by the individual to determine if any
				  adjustments in the billing are appropriate under these regulations;
(3) Provide the individual with a final
				  billing statement which indicates both the:
(a) Division's position with regard to any
				  written claims for a reduction in the rate established by the Division which
				  are submitted by the individual to the financial agent; and
(b) Final rates established by the Division
				  for services rendered to a recipient of services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.03 - Appeal Hearings to the Division of Reimbursements › Section 10.02.03.04 - Request for an Appeal Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any individual, either himself or through
				  a representative, may request an appeal hearing by giving a clear statement, in
				  writing, to any financial agent of the Division that he desires an opportunity
				  to present for review any matter which is the proper subject of an appeal
				  hearing as provided in Regulation .02. This statement shall be forwarded
				  immediately to the Chief of Reimbursements. When the Division receives a
				  request for a hearing, it shall assist the appellant in submitting and
				  processing the request.
B. The
				  Division shall promptly acknowledge any request for an appeal hearing and shall
				  thereafter set forth in writing the date, time, and place of the appeal
				  hearing, after consulting with the Office of Administrative Hearings. The
				  acknowledgement shall include the information specified in Regulation .03B of
				  this chapter.
C. If any party
				  notifies the Division that the time designated by the Division is not
				  convenient to the party, and requests a different time for the hearing, the
				  Office of Administrative Hearings shall designate another time convenient to
				  the parties if it deems that the party has sufficient reason for requesting the
				  change.
D. A request for an appeal
				  hearing may not be granted unless it is made within 30 days of the receipt of
				  the notification specified in Regulation .03A of this chapter or, if Regulation
				  .03A does not apply, within 30 days following the conclusion of the action or
				  inaction which is the subject of the appeal.
E. The Division may dismiss a request for an
				  appeal hearing when it has been withdrawn in writing by the appellant or his
				  representative, or abandoned. An appellant shall be deemed to have abandoned
				  his request if he does not appear for the hearing on the established
				  date.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.03 - Appeal Hearings to the Division of Reimbursements › Section 10.02.03.05 - Pre-Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
The appellant and the Division may request the names of all
					 witnesses that the other party intends to call at the
					 hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.03 - Appeal Hearings to the Division of Reimbursements › Section 10.02.03.06 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  appellant and the Division shall have the opportunity to present witnesses,
				  documentary evidence, and oral and written argument, and to cross-examine all
				  adverse witnesses.
B. If the
				  appellant wishes to call as witnesses any of the Division's current employees,
				  or former employees who reside within the State, whose action or inaction is
				  being contested by the appellant or whose testimony is, in the judgment of the
				  appellant, relevant to the issues under consideration, the Office of
				  Administrative Hearings shall require their presence at the hearing. If the
				  appellant has knowledge of the names or other identifying descriptions of the
				  employees before the hearing, the appellant shall supply the Office of
				  Administrative Hearings with the names or other identifying descriptions at
				  least 5 days before the hearing. Subpoenas may be issued under COMAR
				  28.02.02.11 a.
C. If the Division
				  introduces, as evidence, documents from the case record, special investigation
				  file, or other sources, the appellant shall have the opportunity to examine
				  persons who prepared the documents and to examine the case record or special
				  investigation file for the purpose of discovering information favorable to his
				  case. If these persons are no longer employees of the Division, the appellant
				  shall be permitted to examine a Division representative familiar with the
				  documents and applicable Division policies.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.03 - Appeal Hearings to the Division of Reimbursements › Section 10.02.03.07 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. A recording
				  of the hearing shall be made. A copy of the recording shall be supplied to the
				  appellant whenever the appellant takes a further appeal. The recording,
				  together with all exhibits and papers admitted into evidence, shall constitute
				  the exclusive record for decision. Nonrecorded or confidential information
				  which the appellant does not have an opportunity to hear or see may not be made
				  a part of the hearing record.
B.
				  The recording and copies of all exhibits and papers shall remain in the custody
				  of the hearing officer for a period not to exceed 2 years, or until all
				  litigation involving the decision is terminated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.03 - Appeal Hearings to the Division of Reimbursements › Section 10.02.03.08 - Findings, Conclusions and Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The administrative law judge shall prepare
				  a written summary of findings and conclusions, based exclusively on the record,
				  and shall make a recommendation based on those findings and conclusions. The
				  summary of findings and conclusions shall state the policies, regulations, or
				  laws upon which the decision is based.
B. A copy of the findings, conclusions and
				  decisions shall be forwarded to the appellant or his representatives no later
				  than 60 days after the date of the hearing.
C. The recommendation of the administrative
				  law judge, after approval by the Secretary of Health and Mental Hygiene, shall
				  be final and binding upon the Division and shall be implemented immediately
				  unless otherwise specifically indicated in the decision. When the hearing
				  decision is favorable to the appellant, or when the Division grants the relief
				  the appellant requests before the hearing decision, the Division, where
				  applicable, shall authorize corrected billing or other relief retroactive to
				  the date the incorrect action was taken.
D. The decision, if not favorable to the
				  appellant, may be appealed to the Board of Review as provided by law in
				  Health-General Article, §2-207, Annotated Code of Maryland.
E. Subsequent appeals, as provided by law,
				  may be taken by the appellant.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.07 - Schedule of Charges for Health Facil. Oper. by or Funded in Whole or in Part by the Comm. & Public Health Admin. - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 02 - DIVISION OF REIMBURSEMENTS › Chapter 10.02.09 - Schedule of Charges for Health Facil. Oper. by or Funded in Whole or in Part by the Mental Ret. Dev. Disab. Admin. - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.01 - 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) Amendment.
(a) "Amendment" means an alteration of or
				  change to a vital record based on a court order or documentation specified in
				  this chapter.
(b) "Amendment"
				  includes more than one alteration of or change to a vital record, if the
				  alterations or changes are specified in the same court order or the same
				  request supported by documentation specified in this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.02 - Preparation of Certificates

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  individual who prepares a birth, death, or fetal death certificate shall file
				  the record using the electronic vital records registration system maintained by
				  the Department unless otherwise directed by the Secretary.
B. Electronic registration may be phased in,
				  as determined by the Secretary, until an electronic vital records registration
				  system is fully implemented.
C. An
				  institution, mortician, or attending clinician filing fewer than 10
				  certificates in a calendar year may not be required to use an electronic vital
				  records registration system.
D. An
				  individual who files a record using an electronic vital records registration
				  system shall attest to the record's accuracy by electronic signature.
E. An individual who is required to file
				  records via the electronic vital records registration system:
(1) Shall participate in training, as
				  determined by the Secretary, on the proper use of the system; and
(2) May be required to successfully complete
				  a certification test on the proper filing of vital records before being granted
				  access to the system.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.03 - Birth Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Birth Registration Notice.
(1) The Secretary
				  may issue a birth registration notice to parents named on the certificate
				  stating that the birth certificate of their child has been
				  registered.
(2) The notification in
				  §A(1) of this regulation may not be an official copy of a birth
				  certificate but may be used for proof of age at the discretion of any reviewing
				  agency.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.04 - Delayed Birth Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Certificate Form. Delayed birth registrations, certificates, and all copies of
				  them shall include, in addition to other items:
(1) The word "DELAYED", prominently
				  printed;
(2) The date of filing;
				  and
(3) An abstract of the
				  supporting evidence, giving a description of the essential features of the
				  documents and the relevant content of them (any inconsistencies shall be
				  specifically noted).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.05 - Death Registration - Fetal Deaths

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certificate for fetal death of 20 or
				  more weeks gestation shall be filed regardless of the disposition of the
				  remains.
B. If the gestation period
				  is unknown, but the fetus weighs 350 grams or more, a fetal death certificate
				  shall be filed.
C. A certificate
				  for fetal death under 20 weeks gestation need not be filed unless the fetus is
				  transported from place of delivery for cremation or private burial.
D. A fetal death certificate need not be
				  filed if the gestation period is under 20 weeks and the remains are to be used
				  for scientific or educational purposes by a hospital or other medical
				  facility.
E. A dead fetus of any
				  length of gestation may be cremated by a hospital if:
(1) The hospital has the
				  facilities;
(2) The hospital
				  obtains the written permission from the responsible parent or parents;
				  and
(3) The case is not required to
				  be referred to the Medical Examiner.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.06 - Transportation of Human Remains - Burial-Transit Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The mortician who takes custody of human
				  remains shall obtain a burial transit permit before final disposition or
				  removal of the human remains from the State. The form of the burial-transit
				  permit shall be prescribed by the Secretary.
B. The burial transit permit shall accompany
				  the human remains to their final destination.
C. The individual required to provide the
				  date and place of final disposition on a burial transit permit shall submit the
				  information using the electronic vital records registration system maintained
				  by the Department unless otherwise directed by the Secretary.
D. When human remains are to be shipped by
				  common carrier, the casket containing the human remains or the outer case shall
				  be so constructed as to prevent seepage or escape of odors.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.08 - Inspection of Records and Disclosure of Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. On request, for birth, death, and marriage
				  records only, the Secretary may disclose data or issue certified copies of
				  vital records, original certificates, or information when satisfied that the
				  applicant has a direct and tangible interest in the content of the record. For
				  divorce records, the Secretary may only verify data or issue information when
				  satisfied that the applicant has a direct and tangible interest in the content
				  of the record.
B. Evidence of
				  Direct or Tangible Interest.
(1) In the case
				  of birth records, a direct and tangible interest shall be evidenced by a
				  request from:
(a) The subject of the vital
				  record;
(b) A parent named on the
				  birth certificate;
(c) The subject
				  of the vital record's legal guardian;
(d) The surviving spouse of the subject of
				  the vital record;
(e) An authorized
				  representative of the subject of the vital record;
(f) A confidential intermediary authorized by
				  the Director of the Social Services Administration of the Department of Human
				  Resources in accordance with Family Law Article, Title 5, Subtitle 3A or 4B,
				  Annotated Code of Maryland;
(g) The
				  Director of the Social Services Administration of the Department of Human
				  Resources in accordance with Family Law Article, Title 5, Subtitle 3A or 4B,
				  Annotated Code of Maryland;
(h) An
				  adoptee 21 years old or older who requests a copy of the adoptee's original
				  certificate of birth, if the adoption was ordered by the court on or after
				  January 1, 2000; or
(i) A
				  biological parent of an adoptee 21 years old or older who requests a copy of
				  the adoptee's original certificate of birth, if the adoption was ordered by the
				  court on or after January 1, 2000.