reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.03 - Health Care Staff Agencies › Section 10.07.03.10 - Civil Money Penalties - Imposition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may impose a civil money
				  penalty if a deficiency exists.
B.
				  In determining whether a civil money penalty is to be imposed, the Department
				  shall consider the following factors:
(1) The
				  number, nature, and seriousness of the deficiencies;
(2) The extent to which the deficiencies are
				  part of a pattern;
(3) The degree
				  of risk to the health, life, or safety of the residents of the client facility
				  caused by the deficiency or deficiencies;
(4) The efforts made by, and the ability of
				  the agency to correct the deficiency or deficiencies;
(5) An agency's prior history of compliance
				  in general and specifically with reference to the cited deficiencies;
				  and
(6) Other factors as justice
				  may require.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.03 - Health Care Staff Agencies › Section 10.07.03.11 - Civil Money Penalties - Amount of Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. A civil money penalty imposed under this
				  chapter for a first offense may not exceed:
(1) $2,500 for each instance of violation;
				  or
(2) $2,500 per day until
				  correction of the deficiency or deficiencies has been verified and compliance
				  has been maintained.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.03 - Health Care Staff Agencies › Section 10.07.03.12 - Civil Money Penalties - Effective Date and Duration of Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. Per-Instance
				  Civil Money Penalty. The effective date may be as early as the date that the
				  deficiency or deficiencies on which the civil money penalty is based first
				  occurred.
B. Per-Day Civil Money
				  Penalty.
(1) The daily civil money penalty
				  starts to accrue as of the date of the inspection, survey, or interview by the
				  Department that identifies the deficiency or deficiencies on which the civil
				  money penalty is based.
(2) The
				  accrual of the daily civil money penalty ceases when correction of the
				  deficiency or deficiencies on which the civil money penalty was based has been
				  verified.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.03 - Health Care Staff Agencies › Section 10.07.03.13 - Civil Money Penalties - Payment of Penalty/Establishment of Escrow Account

Current through Register Vol. 51, No. 14, July 12, 2024
A. A civil
				  money penalty payment is due 15 calendar days after:
(1) The time period for requesting a hearing
				  has expired, if a request for a hearing has not been received; or
(2) Receipt of a written request from the
				  agency to waive its right to a hearing and reduce the amount of the civil money
				  penalty by 40 percent, if the written request is received by the Department
				  within 30 calendar days of the Department's order imposing the civil money
				  penalty.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.03 - Health Care Staff Agencies › Section 10.07.03.14 - Civil Money Penalties - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee aggrieved by the imposition of a civil money
					 penalty may appeal the action by filing a request for a hearing in accordance
					 with State Government Article, Title 10, Subtitle 2, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.03 - Health Care Staff Agencies › Section 10.07.03.15 - Emergency Suspensions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary may immediately suspend a license on finding that the public health,
				  safety, or welfare imperatively requires emergency action pursuant to State
				  Government Article, §
										10-226(c),
				  Annotated Code of Maryland.
B. The
				  Department shall deliver a written notice to the agency:
(1) Informing the agency of the emergency
				  suspension;
(2) Giving the reasons
				  for the action and the regulation or regulations with which the licensee has
				  failed to comply that form the basis for the emergency suspension;
				  and
(3) Notifying the agency of its
				  right to request a hearing and to be represented by counsel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.03 - Health Care Staff Agencies › Section 10.07.03.16 - Denial or Revocation of License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Denial or Revocation of License. The
				  Secretary, for cause shown, may notify the agency of the decision to revoke or
				  deny the license. Except as provided in Regulation .15 of this chapter, the
				  denial or revocation shall be stayed if a hearing is requested.
B. Criteria for Denial or Revocation. The
				  Department shall notify the agency in writing of the following:
(1) The effective date of the denial or
				  revocation;
(2) The reason for the
				  denial or revocation;
(3) The
				  regulations with which the licensee has failed to comply that form the basis
				  for the denial or revocation;
(4)
				  That the agency is entitled to a hearing if requested, and to be represented by
				  counsel;
(5) That the agency shall
				  stop providing services on the effective date of the denial or revocation if
				  the agency does not request a hearing;
(6) That the denial or revocation shall be
				  stayed if a hearing is requested; and
(7) That the agency is required to surrender
				  its license to the Department if the denial or revocation is upheld.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.03 - Health Care Staff Agencies › Section 10.07.03.17 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency shall
				  file a request for a hearing with the Office of Administrative Hearings, with a
				  copy to the Office of Health Care Quality of the Department, not later than 30
				  calendar days after receipt of notice of the Secretary's action. This request
				  shall include a copy of the Secretary's action.
B. A hearing requested under this chapter
				  shall be conducted in accordance with:
(1)
				  State Government Article, Title 10, Subtitle 2, Annotated Code of
				  Maryland;
(2) COMAR 28.02.01;
				  and
(3) COMAR 10.01.03.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The treatment
				  and care of emotionally disturbed children and adolescents are of great concern
				  to various State agencies including the Department of Health and Mental
				  Hygiene, Department of Human Resources, Maryland State Department of Education
				  and Department of Juvenile Justice.
B. The Department of Health and Mental
				  Hygiene, Department of Human Resources, Maryland State Department of Education,
				  and Department of Juvenile Services, by statute, are responsible to ascertain
				  that applicants for licenses conform to the regulations promulgated under the
				  legal authority vested in the respective departments.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.03 - License Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  License Required. A person may not establish, conduct, maintain, or operate in
				  the State a center without first obtaining a license from the
				  Secretary.
B. Separate License
				  Required. Centers maintained on separate premises shall obtain separate
				  licenses, even though operated under the same management.
C. License Not Required Under This Chapter.
				  The following facilities are not deemed to be within the purview of these
				  licensing requirements and are not required to obtain a license under these
				  provisions:
(1) Any institution for well
				  children, including day nurseries, child care centers, foster boarding homes,
				  and institutions for intellectually disabled children; and
(2) Institutions operated by the Federal
				  Government.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.04 - Licensing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application. Applicants shall conform to the following:
(1) An applicant desiring to open or to
				  continue the operation of an existing center shall file with the Secretary, on
				  a written or electronic form provided by the Secretary:
(a) The name of the applicant desiring the
				  license; and
(b) The location of
				  the center, the name of the person in charge, and any additional documents and
				  information that the Secretary may require.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.05 - Denial or Revocation of License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall deny a license to a
				  person who has been convicted of a felony that relates to Medicaid or to a
				  nursing home.
B. The Secretary
				  shall revoke the license of any licensee convicted of a felony that relates to
				  Medicaid or to a nursing home.
C.
				  The Secretary may deny or revoke a license if the center does not meet the
				  requirements of:
(1) Health-General Article,
				  Title 19, Subtitle 3, Annotated Code of Maryland; and
(2) Any regulation adopted under
				  Health-General Article, Title 19, Subtitle 3, Annotated Code of Maryland,
				  including this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.06 - Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
Open to Inspection. A center licensed under this chapter
					 and any premises proposed to be operated by an applicant for a license shall be
					 open at all reasonable times to inspection by:
A. The Secretary or designee;
B. The Department of Human
				  Resources;
C. The Maryland State
				  Department of Education;
D. The
				  Department of Juvenile Services; or
E. Any other agency authorized by the
				  Secretary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.07 - New Construction or Alteration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Submission of Plans. Plans shall be
				  submitted to the Secretary before construction or alterations begin affecting
				  its functional structure or normal bed capacity. These plans shall have the
				  prior approval of local zoning authorities and the appropriate fire
				  authorities. The Secretary shall review promptly the plans and shall notify the
				  applicant or licensee within 30 days that the building, alteration, additions,
				  or changes, are approved or disapproved with the recommendations that the
				  Secretary may make. If an application is disapproved, the applicant or licensee
				  shall be informed of the reasons at the time of notification.
B. Application to Service Facilities. A
				  system of water supply, plumbing, sewerage, electrical power, garbage or refuse
				  disposal may not be installed or extended until complete plans and
				  specifications have been submitted and approved in accordance with §A, of
				  this regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.08 - Physical Plant

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Construction. A new building designated as a residential treatment center and
				  any existing building proposed for conversion for this use shall meet the
				  following:
(1) The construction of the
				  building shall prevent the entrance and harborage of rats and other
				  rodents;
(2) The center shall comply with all other applicable
				  governing laws or ordinances; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.09 - Fire Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A center shall be free from fire hazards and shall comply
					 with all applicable local fire and building codes and the safety requirements
					 of the National Fire Protection Association, NFPA 101 "Life Safety Code", which
					 is incorporated by reference at COMAR 29.06.01.06.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.10 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Cleanliness and Maintenance. The following shall be observed:
(1) The building and all its parts and
				  facilities shall be kept in good repair, neat, and attractive. The safety and
				  comfort of the residents shall be the first consideration.
(2) All walls, floors, ceilings, windows, and
				  fixtures shall be kept clean. Interior walls and floors shall be easily
				  cleanable.
(3) Adequate storage
				  space shall be provided for excess supplies, personal possessions of residents
				  and staff, linens, and similar items. This storage space may not constitute a
				  fire or accident hazard, and may not be in the way of residents or staff. All
				  supplies shall be stored 10 inches off the floor and away from the wall to
				  allow for cleaning and pest control.
(4) The grounds shall be kept clean, neat,
				  reasonably attractive, and free of hazards.
(5) The center shall be maintained free from
				  insects and rodents.
(6) Bathtubs and hand sinks may not be used for
				  laundering or storing soiled linens.
(7) Bathtubs and shower stalls may not be
				  used for storage.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.11 - Food Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Dietary
				  Requirements. The following minimum requirements shall be observed:
(1) A minimum of three meals in each 24 hour
				  period shall be served. In addition, nutritious between meal and bedtime snacks
				  should be offered to all residents no less than 1-1/2 to 2 hours before the
				  next meal.
(2) There may not be an
				  interval longer than 12 hours from the evening meal or substantial bedtime
				  snack to breakfast. The diet shall consist of simply prepared, appropriately
				  served, palatable foods including a minimum of the following daily:
(a) Milk: Under 9 years - 3-4 cups 9-12 years
				  - 3 cups Adolescents - 4 cups Adults - 2 cups;
(b) Meat, fish, poultry, eggs: Two servings
				  per day;
(c) Vegetables and fruits:
				  Four servings per day, including one serving of citrus fruit or tomato daily
				  and one serving of a dark green or deep yellow vegetable or fruit five times
				  weekly;
(d) Breads and Cereals:
				  Four servings daily.
(3)
				  Size of servings and consistency or texture of food will be regulated by the
				  age and condition of the residents.
(4) A record of the current week's menu plan
				  shall be posted and kept on file for the following 2 weeks. A time schedule for
				  service of meals to residents and personnel should be established and it is
				  recommenced that meals be served approximately 4 hours apart for breakfast,
				  lunch and dinner.
(5) Special diets
				  or any variation of these requirements ordered by the resident's physician
				  shall be provided for residents as ordered.
(6) Meals shall be served in a dining or
				  community room equipped with furniture and utensils appropriate to the age and
				  development of the residents. A resident with a temporary illness shall be
				  served privately.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.12 - Management Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Responsibility. The licensee is responsible for conformance with licensing
				  regulations.
B. Responsible Person.
				  The licensee or administrator appointed by the licensee and all persons in
				  supervisory or other responsible positions shall be 21 years old or older. The
				  licensee shall ensure 24-hour coverage by an administrator or designee.
C. Qualifications of Administrator.
(1) The administrator of the center shall be
				  a psychiatrist, psychologist, social worker, registered nurse, or any other
				  person trained in the behavioral sciences or in administration.
(2) The administrator shall be capable by
				  experience and training of directing and supervising persons working in the
				  center.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.13 - Health Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. A.
				  Supervision of Treatment Program. Treatment at any center shall be under the
				  direction of a qualified psychiatrist who is responsible for the adequacy,
				  quality, and appropriateness of the treatment program for each resident. There
				  shall be sufficient professional personnel to ensure the implementation of the
				  treatment program for each resident.
B. Medical Supervision. A resident shall be
				  under the medical care of a physician licensed in the State. Each resident
				  shall have a complete physical examination done within 30 days before
				  admission, and updated within 72 hours after admission, and at appropriate,
				  regularly scheduled intervals thereafter.
C. Principal Physician. The center shall
				  arrange for a physician to serve as principal physician and a qualified relief
				  to cover periods when their services are not available. The medical director or
				  assigned on call physician shall respond at times of emergency and be available
				  as needed to advise the administrator and nursing staff on medical questions.
D. Restrictions on Medication.
				  Medication may not be given without the written order of a physician, nurse
				  practitioner, or physician assistant except in an emergency when medication or
				  treatment may be given on the verbal or telephone order of the prescriber.
				  These orders shall be entered on the doctor's order sheet and shall be
				  confirmed by the prescriber at the next visit.
E. Medication Handling. The center shall
				  comply with all applicable Federal, State, and local laws and ordinances,
				  standards, and codes regulating the purchasing, handling, storage,
				  administration, and recording of medications, including controlled
				  substances.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.14 - Staffing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
The following staffing requirements shall be met by the
					 institution:
A. The administrator
				  shall employ sufficient and satisfactory personnel to insure adequate treatment
				  and care of the residents and the maintenance, cleaning, and
				  housekeeping.
B. The staff shall be sufficient in number so that the
				  individual needs of residents are met.
C. Provision shall be made for relief
				  personnel during vacations or other relief periods. The relief personnel shall
				  have qualifications equivalent to those of the person being relieved.
D. Clinical staff shall, at a minimum, have
				  current training in:
(1) CPR;
(2) The Heimlich maneuver; and
(3) First aid.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.15 - Accommodations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Usable Living
				  Space Needed.
(1) Each center shall provide
				  at least 35 square feet of usable floor space per resident, in addition to
				  bedroom space, in order to meet minimal requirements for dining, living, and
				  recreational facilities.
(2) A
				  minimum of 80 square feet is required for single occupancy bedrooms, and 60
				  square feet per bed for multiple occupancy bedrooms.
(3) Usable space excludes service areas,
				  entrance ways, door swing areas, closets, dormers, and other breaks in floor
				  areas.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.16 - Restraints and Seclusion

Current through Register Vol. 51, No. 14, July 12, 2024
The use of restraints and seclusion shall be in compliance
					 with 42 CFR §§
											483.352 -
					 483.376 Condition of Participation
					 for the Use of Seclusion and Restraint in Psychiatric Residential Treatment
					 Facilities Providing Inpatient Psychiatric Services For Individuals Under Age
					 21.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.17 - Complaint Investigations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Notwithstanding any other provision of this chapter, residential treatment
				  centers shall be open to inspections by the Department to investigate and
				  resolve any complaint concerning:
(1)
				  Resident care;
(2)
				  Safety;
(3) Medical and nursing
				  supervision;
(4) Physical
				  environment;
(5) Sanitation;
				  or
(6) Dietary matters.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.18 - Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. The center shall
				  furnish to the Secretary reports covering the following:
(1) Deaths, serious injuries, or unusual
				  incidents, including suicide attempts, by no later than the close of business
				  of the next business day following the event; and
(2) Any occurrences which threaten the
				  welfare, safety, or health of any resident of the center such as fire,
				  infectious disease outbreaks, or poisoning.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.19 - Civil Money Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Civil
				  Money Penalties. The Secretary may impose a civil money penalty on a person if:
(1) The person maintains or operates an
				  unlicensed center; or
(2) A serious
				  or life-threatening patient care deficiency exists and the center fails to
				  correct the deficiency through immediate corrective action.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.20 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request for a
				  hearing shall be filed with the Office of Administrative Hearings, with a copy
				  to the Office of Health Care Quality of the Department, not later than 30 days
				  after receipt of notice of the Secretary's action. This request shall include a
				  copy of the Secretary's action.
B.
				  A hearing requested under this chapter shall be conducted in accordance with:
(1) State Government Article, Title 10,
				  Subtitle 2, Annotated Code of Maryland;
(2) COMAR 28.02.01; and
(3) COMAR 10.01.03.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.21 - Notifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 24 hours
				  of an event or change in condition and in accordance with State and federal
				  confidentiality laws, a center shall attempt to notify a resident and a
				  resident's representative, family member, legal guardian, or custodian of:
(1) A change in the resident's
				  condition;
(2) An adverse event
				  that affected the resident; and
(3)
				  If appropriate, the corrective action taken.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.04 - Residential Treatment Centers for Emotionally Disturbed Children and Adolescents › Section 10.07.04.22 - Resident Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. The center
				  shall post the list of resident rights in areas of the center where the
				  residents can read the posting. A resident of a residential treatment center
				  has the right to:
(1) Be treated with
				  respect;
(2) Have their cultural
				  spiritual, personal beliefs, values, and preferences respected;
(3) Personal privacy;
(4) Practice their religious
				  beliefs;
(5) Receive information
				  about care and treatment in a manner that he or she understands;
(6) Be free from neglect, exploitation, and
				  verbal, sexual, physical, and mental abuse;
(7) Access protection and advocacy
				  services;
(8) Receive care in a
				  safe setting;
(9) File a complaint
				  and have it investigated without fear of retribution;
(10) Have visitors in accordance with the
				  center's visitation policy;
(11)
				  Send and receive mail;
(12) Consult
				  with their attorney, advocate, or social worker in private; and
(13) Make and receive telephone calls in
				  accordance with the center's policy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish minimum
					 standards for licensure of residential service agencies that conduct business
					 in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.02 - 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) "Activities of daily living" means normal
				  daily activities including:
(a) Eating or
				  being fed;
(b) Grooming, bathing,
				  oral hygiene including brushing teeth, shaving, and combing hair;
(c) Mobility, transferring, ambulation, and
				  access to the outdoors, when appropriate;
(d) Toileting; and
(e) Dressing in clean, weather-appropriate
				  clothing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.03 - License Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  person, partnership, corporation, association, or other entity may not conduct
				  or operate an agency in this State without first obtaining a license from the
				  Secretary and complying with the regulations of this chapter.
B. An agency that provides only household or
				  family support services as defined in Regulation .02B(14) of this chapter does
				  not require licensure.
C. Separate
				  License Required.
(1) Except as provided in
				  §C(2) of this regulation, a separate license is required for each
				  agency.
(2) A branch office may
				  operate under the same license of the agency.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.04 - Licensing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application for License.
(1) To obtain and
				  maintain a license, an applicant shall meet all of the requirements of:
(a) This chapter; and
(b) Other applicable federal, State, and
				  local laws and regulations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.05 - Changes in an Agency That Affect the Operating License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Change of Services or Name.
(1) During the licensure period, a licensee
				  may not:
(a) Provide services for which it has
				  not been approved to provide; or
(b) Change the name under which the program
				  is doing business without the Department's approval.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.05-1 - Special Requirements for the Provision of Home Medical Equipment Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  provider of home medical equipment services shall meet the requirements of this
				  regulation in addition to meeting the requirements of Regulations .02-----.03
				  of this chapter.
B. An agency
				  shall:
(1) Ensure that personnel demonstrate
				  competency in delivering and installing the equipment;
(2) Provide education, training, and written
				  instructions to the patient and his or her caregivers on the use of the
				  equipment before the equipment is used, and provide retraining as
				  needed;
(3) Provide the patient and
				  caregivers with the telephone number of persons who can deliver critical care
				  on an emergency basis;
(4) Provide
				  the prescribing physician with a copy of the:
(a) Qualifications, duties, and
				  responsibilities of agency personnel who deliver the services, and
(b) Instructions given to the patient and the
				  patient's caregivers;
(5) Maintain a clinical record for each
				  patient receiving home medical equipment services; and
(6) Ensure that the installation,
				  maintenance, repair, and storage of home medical equipment meet with
				  manufacturer's specifications.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.06 - Public Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  agency shall include the following information in all of the agency's
				  advertising and marketing materials:
(1) The
				  agency's license number; and
(2)
				  The statement "Licensed as a residential service agency by the Maryland
				  Department of Health and Mental Hygiene, Office of Health Care
				  Quality".
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.07 - Inspection by the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Residential Service Agency to be Open for Inspection.
(1) The Department or its designee may
				  conduct announced or unannounced licensure inspections or complaint
				  investigations to ensure compliance with the requirements of this
				  chapter.
(2) The agency shall be
				  open for inspection by the Department during all hours identified in the
				  agency's application as routine business hours.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.08 - Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Governing
				  Authority.
(1) The agency shall have a
				  governing authority.
(2) The
				  governing authority shall:
(a) Convene at
				  least annually with management staff to review and advise the agency on
				  policies; and
(b) Keep minutes,
				  including:
(i) The participants of any
				  meeting;
(ii) Agenda items
				  considered; and
(iii) Actions
				  taken.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.09 - Complaint Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Internal
				  Complaint Process. An agency shall institute an internal client complaint
				  process that includes:
(1) Notice to the
				  client or the client representative of the complaint process;
(2) Protocols to investigate complaints;
				  and
(3) A mechanism for the receipt
				  and timely investigation of written complaints that ensures that the client's
				  services will not be disrupted due to the filing of a complaint.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.10 - Employee, Independent Contractor, and Contractual Employee Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency shall
				  develop and implement policies and procedures to screen a prospective employee,
				  independent contractor, or contractual employee who will provide services to
				  clients.
B. Screening.
(1) Screening shall include:
(a) A State criminal history records check or
				  a private agency background check as required under Health-General Article,
				  Title 19, Subtitle 19, Annotated Code of Maryland;
(b) Verification of current professional
				  licensure or certification under Health Occupations Article, Annotated Code of
				  Maryland;
(c) A basic health
				  screening, including tuberculosis screening;
(d) Verification of references;
(e) Verification of employment
				  history;
(f) Completion of I-9
				  forms for employment;
(g)
				  Verification of identity and employment eligibility of an employee, independent
				  contractor, or contractual employee;
(h) An in-person interview of an employee,
				  independent contractor, or contractual employee before the individual is
				  referred to clients; and
(i)
				  Completion of a skills assessment and demonstration before client
				  referral.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.11 - Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency shall
				  ensure that individuals that are referred are trained appropriately to provide
				  care that is needed by the agency's clients.
B. Sources other than the agency may provide
				  training, as approved in writing by the Office of Health Care
				  Quality.
C. At a minimum, training
				  for individuals providing care in clients' homes shall include:
(1) Instruction and supervised practice in
				  relevant personal care services of the sick or disabled at home;
(2) Identification of situations that require
				  referral to a registered nurse, including significant changes in a client's
				  condition;
(3) Record
				  keeping;
(4) Ethical behavior and
				  confidentiality of information;
(5)
				  CPR;
(6) Standard precautions for
				  infection control; and
(7)
				  Prevention of abuse and neglect.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.12 - Services Provided

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  agency shall take reasonable measures to ensure that all individuals who are
				  referred to provide services to clients do so in accordance with Maryland laws
				  and regulations, including but not limited to the Health Occupations Article,
				  Annotated Code of Maryland.
B.
				  Provision of Services.
(1) A registered nurse
				  shall assess each new client who requires skilled services and assistance with
				  the activities of daily living.
(2)
				  The registered nurse shall also:
(a)
				  Participate in developing the client's plan of care and in assigning
				  appropriate personnel;
(b)
				  Determine whether the client requires the services of a certified nursing
				  assistant, or whether services may be provided by an individual who is not
				  certified; and
(c) Participate in
				  training and retraining the individuals who will provide the care, when
				  indicated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.13 - Client Representative

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  agency shall recognize the authority of:
(1)
				  A guardian of the person under Estates and Trusts Article, §
											13-705, Annotated
				  Code of Maryland;
(2) A guardian of
				  the property under Estates and Trusts Article, §
											13-201, Annotated
				  Code of Maryland;
(3) An advanced
				  directive that meets the requirements of Health-General Article, §5-602,
				  Annotated Code of Maryland;
(4) A
				  surrogate decision maker with the authority under Health-General Article,
				  §5-605, Annotated Code of Maryland;
(5) A power of attorney that meets the
				  requirements of Estates and Trusts Article, Title 17, Annotated Code of
				  Maryland;
(6) A representative
				  payee or other similar fiduciary; or
(7) Any other person, if that person was
				  designated by a client who was competent at the time of designation, and the
				  client or client representative has provided the agency with documentation of
				  the designation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.14 - Clinical Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. With the
				  exception of §B of this regulation, an agency shall ensure that a clinical
				  record is maintained for each client in a manner that ensures security and
				  confidentiality, and includes at a minimum:
(1) The documentation required by §D of
				  this regulation;
(2) Any currently
				  effective health care orders;
(3)
				  Nurse's assessment
(4)
				  Rehabilitation plans, if appropriate;
(5) The care plan;
(6) Medications administered or taken,
				  including:
(a) Dosage;
(b) Route of administration; and
(c) Frequency;
(7) History of sensitivities or allergic
				  reactions;
(8) Nutritional
				  requirements, including specific dietary plans;
(9) Medically necessary supplies and
				  equipment;
(10) Care
				  notes;
(11) The name, address, and
				  telephone number of:
(a) The client's
				  physicians; and
(b) The client
				  representative; and
(12)
				  The following documents for each client upon discharge:
(a) Directions for the safe continuation of
				  care after discharge; and
(b) If
				  skilled services have been provided, a discharge summary that includes the
				  reason for discharge.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.15 - Maintenance of Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  agency shall maintain a client's record for 5 years after the client is
				  discharged. For a client younger than 18 years old, the agency shall maintain
				  the client's record after discharge until the resident is 21 years old, or for
				  5 years after the record is made, whichever is later, except as otherwise
				  provided in Health-General Article, §4-403, Annotated Code of
				  Maryland.
B. If an agency ceases
				  operation, the agency shall make arrangements to return the records to the
				  client or client representative with legal authority to make health care
				  decisions, or retain the records as required by §A of this
				  regulation.
C. An agency shall:
(1) Maintain the privacy and confidentiality
				  of a client's medical records;
(2)
				  Release medical records or medical information about a client only with the
				  written consent of the client or client representative, or as permitted by
				  Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland;
				  and
(3) Maintain and dispose of a
				  client's medical records in accordance with Health-General Article, Title 4,
				  Subtitle 3 and 4, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.16 - Client's Rights and Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The agency shall ensure that agency staff
				  develops and implements written policies and procedures concerning clients'
				  rights and responsibilities.
B. The
				  agency shall make the policies and procedures available to clients or client
				  representatives.
C. The policies
				  and procedures shall ensure that the agency provides the client or client
				  representative with:
(1) An estimate of costs
				  associated with the services requested by the client;
(2) A statement clarifying the costs that the
				  client or client representative will be responsible for if services are not
				  covered by third-party payors;
(3)
				  Fully itemized billing statements, including dates of services and unit charge,
				  to be made available on request of the client or client
				  representative;
(4) The name of the
				  caregiver or caregivers referred by the agency to provide the service or
				  services;
(5) The name and contact
				  information for the individual who is responsible for supervising the client's
				  care;
(6) The telephone number
				  where a client or the client representative can contact the agency 24 hours a
				  day, 7 days a week regarding care; and
(7) Disclosure of any subcontractual
				  relationship with any individual or agency to be assigned or referred to
				  provide care to the client.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.17 - Special Requirements for the Provision of Intravenous or Related Therapies

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation applies to intravenous or related therapy provided in the
				  home.
B. A provider of intravenous
				  or related therapies shall meet the requirements of this regulation in addition
				  to meeting the requirements of Regulations .01-.16 of this chapter.
C. Specialized intravenous therapies and
				  nutritional support services administered enterally or parenterally shall be
				  considered skilled nursing functions.
D. Medications.
(1) Medications and preparations used in the
				  provision of intravenous or nutritional support shall be obtained from a
				  licensed pharmacy.
(2) The agency
				  shall document any adverse reactions associated with the therapy and notify the
				  client's physician.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.18 - Special Requirements for the Provision of Ventilator Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider of
				  ventilator services shall meet the requirements of this regulation in addition
				  to meeting the requirements of Regulations .01-.16 of this chapter.
B. This regulation applies to ventilator
				  services provided in the home, including:
(1)
				  Volume ventilation;
(2) Pressure
				  ventilation;
(3) Emergency back-up
				  power systems;
(4) Alarms and
				  troubleshooting equipment;
(5)
				  Emergency resuscitation; and
(6)
				  All related medical equipment used with the provision of ventilator services,
				  including but not limited to:
(a)
				  Nebulizers;
(b) Suction equipment;
				  and
(c) Oxygen.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.05 - Residential Service Agencies › Section 10.07.05.19 - Special Requirements for the Provision of Home Medical Equipment Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  agency that provides home medical equipment services shall meet the
				  requirements of this regulation in addition to meeting the requirements of
				  Regulations .01-.16 of this chapter.
B. Education and Training. When an agency
				  provides home medical equipment services, the agency shall:
(1) Ensure that its personnel demonstrate
				  competency in delivering and installing the equipment;
(2) Provide education, training, and written
				  instructions to the client, the client representative, or the individual caring
				  for the client on the use of the equipment at the time of installation;
				  and
(3) Provide the client, client
				  representative, or the individual caring for the client the telephone number of
				  the agency in the event of equipment failure or emergency.