Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.10 - Policies and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensee shall develop and adopt written policies and procedures for ensuring:
(1) That each individual's health and safety
				  needs, as identified in the individual plan (IP), are being met;
(2) Fundamental rights in accordance with
				  Health-General Article, §7-1002, Annotated Code of Maryland;
(3) That services are provided in a manner
				  which promotes individual choice and the exercise of individual
				  rights;
(4) Confidentiality for
				  each individual in accordance with Health-General Article, §7-1010,
				  Annotated Code of Maryland;
(5) The
				  implementation of a grievance process with safeguards which protect against
				  retaliatory actions for the filing of any grievance;
(6) That services are provided without
				  discrimination;
(7) That all
				  incidents, including those involving life-threatening conditions, are reported
				  and investigated in accordance with the Administration's procedures on
				  reportable incidents;
(8) That
				  medications are administered in accordance with the practices established by
				  the Administration's curriculum on medication training;
(9) Compliance with COMAR 10.27.11;
(10) That an individual whose behavior
				  requires intervention receives the safeguards required by this
				  regulation;
(11) That in order for
				  an individual to be required to pay for property damage caused by the
				  individual's actions, the individual's IP shall show evidence that the:
(a) Individual has a history of destructive
				  behavior that has been documented in the behavior plan (BP),
(b) Individual has a BP that addresses the
				  destructive behavior,
(c)
				  Individual has the ability to pay for damages,
(d) Licensee's standing committee, as
				  described in Regulation .08 of this chapter, has reviewed and approved the
				  damage payment, and
(e) Licensee
				  has reported this approval to the regional director;
(12) Compliance with Health-General Article,
				  §5-605, Annotated Code of Maryland;
(13) That there is no financial or personal
				  conflict of interest for members of the governing body, staff, care providers,
				  volunteers, and standing committee members;
(14) That the fiscal affairs of the licensee
				  are conducted in accordance with generally accepted accounting
				  practices;
(15) That there is
				  adequate protection for the finances and property of each individual,
				  including:
(a) A system to ensure that each
				  individual's funds are used in an appropriate manner consistent with the
				  individual's needs and preferences,
(b) A system to keep personal funds separate
				  from the funds of the licensee and to ensure that funds are transferred to the
				  individual in a timely manner when services are no longer being
				  provided,
(c) Timely access for the
				  individual to the funds,
(d) An
				  accounting of the individual's funds, on request, and
(e) The accrual of any interest into the
				  individual's account from an interest-bearing account;
(16) That State and federally required safety
				  precautions, infection control, and standard precautions are
				  implemented;
(17) That an effective
				  disaster and emergency evacuation plan, with sufficient evacuation drills is in
				  place;
(18) That an individual may
				  not perform the duties of a paid staff person; and
(19) That an individual only perform those
				  duties and tasks that are shared by the household or included as an activity
				  documented in the individual's IP or remunerated as part of a training program
				  as required by federal or State law.