reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.02 - Certificate of Registration for Continuing Care at Home Providers › Section 32.02.02.26 - Individuals Employed or Contracted by Provider

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a provider employs an individual or contracts with an individual to provide services to the provider's subscribers and the individual will enter a subscriber's dwelling or any combination of subscribers' dwellings more than four times in a year to deliver those services, then the provider shall:
(1) Make sure the individual meets the requirements of §B of this regulation;
(2) Check at least two character references for the individual to confirm the individual meets the requirements of §B(1)-(5) of this regulation; and
(3) Have the individual submit the necessary forms and fingerprints needed to conduct a criminal history records check through the Criminal Justice Information System operated by the Department of Public Safety and Correctional Services.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.02 - Certificate of Registration for Continuing Care at Home Providers › Section 32.02.02.27 - Public Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall:
(1) Make the information required to be provided under this chapter available to all interested persons; and
(2) Publicize the availability of this information.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.02 - Certificate of Registration for Continuing Care at Home Providers › Section 32.02.02.28 - Inspection by the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may:
(1) Inspect any facility used to provide services under a continuing care at home agreement;
(2) Examine the records of a provider or person that controls a provider; and
(3) Audit or observe any service rendered under a continuing care at home agreement.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.02 - Certificate of Registration for Continuing Care at Home Providers › Section 32.02.02.29 - Removal of Records and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider may not remove from the State records or assets of the provider related to the operation of a facility or the provision of services under continuing care at home agreements without the written consent of the Department.
B. A provider may request from the Department approval to remove records or assets from the State by submitting the verification that the Department requires to establish that removal of records or assets will:
(1) Facilitate the operations of the provider and make the operations more economical; and
(2) Not diminish the service or protection given to the provider's subscribers.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.02 - Certificate of Registration for Continuing Care at Home Providers › Section 32.02.02.30 - Administrative Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may deny, suspend, or revoke a preliminary, initial, or renewal certificate of registration for cause. Cause for denial, suspension, or revocation includes, but is not limited to the following:
(1) Violations of the provisions of the Act;
(2) Violations of regulations in this chapter;
(3) Misrepresentations of fact to the Department or to subscribers;
(4) Submission of false financial information to the Department;
(5) Failure to prepare or implement an adequate corrective financial plan when found to be in financial difficulty; or
(6) Agreement terms or provisions that:
(a) Violate the Act,
(b) Violate regulations in this chapter, or
(c) Are not approved by the Department.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.02 - Certificate of Registration for Continuing Care at Home Providers › Section 32.02.02.31 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A person aggrieved by a denial of a certificate of registration, by a revocation of a certificate of registration, or by any other action of the Department or Secretary under this chapter, may file a written appeal. An appeal of any action taken by the Department or Secretary under this chapter shall be conducted in accordance with the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitles 2 and 3, Annotated Code of Maryland, and COMAR 32.01.01.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.03 - Approval of Burial Arrangements for Unclaimed Deceased Nursing Home Residents › Section 32.02.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter provides guidelines and procedures for carrying out the intent of Human Services Article, §
									10-214, Annotated Code of Maryland, requiring nursing home administrators to obtain the prior approval of the Department of Aging for burial arrangements for unclaimed deceased nursing home residents.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.03 - Approval of Burial Arrangements for Unclaimed Deceased Nursing Home Residents › Section 32.02.03.02 - 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) "Anatomy Board" means the Anatomy Board of the State Department of Health and Mental Hygiene.
(2) "Department" means the Maryland Department of Aging.
(3) "Nursing home" means comprehensive care facilities or extended care facilities.
(4) "Nursing home administrator" means the individual licensed by the Board of Examiners of Nursing Home Administrators and responsible for the operation of the nursing home, or the individual authorized to act for the administrator for the purpose of these regulations.
(5) "Unclaimed deceased nursing home resident" means a resident of a nursing home who has not pre-arranged and prepaid for the disposal of his body and for whom no person has claimed the body and assumed funeral or burial responsibility upon the death of the resident.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.03 - Approval of Burial Arrangements for Unclaimed Deceased Nursing Home Residents › Section 32.02.03.03 - Nursing Home Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each nursing home shall ascertain and record upon admission of the resident, or as soon after as possible:
(1) Any arrangements (financial, religious, name of preferred funeral director, if any, etc.) the resident has made, or wishes to make, with regard to burial; and
(2) The name, address, and relationship of any person who has agreed to claim the body upon death of the resident and to assume funeral or burial responsibility.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.03 - Approval of Burial Arrangements for Unclaimed Deceased Nursing Home Residents › Section 32.02.03.04 - Notification Upon Death

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon the death of an individual who appears to be an unclaimed deceased nursing home resident, the nursing home administrator should contact any person who, although not having been identified in advance as being responsible for the burial arrangements, might nevertheless at the time of death be willing to claim the body and assume responsibility. A nursing home administrator may wish to initiate contact with potentially responsible persons when death appears imminent.
B. The nursing home administrator shall promptly notify the Department of the death of an unclaimed deceased nursing home resident.
C. In addition to this notification, the nursing home administrator shall furnish the Department with information with respect to:
(1) The burial arrangements, if any, made, or any preferences for the arrangements expressed, by the resident before death;
(2) The nature of the documentation of the pre-arrangements or preferences;
(3) The name, address, and relationship of any individual who was predesignated as willing to assume responsibility for the burial arrangements and the reason they are not assuming the responsibility;
(4) The name, address, and relationship of other known relatives or friends of the deceased and the results of efforts, if any, made by the nursing home administrator to have them assume responsibility for the burial arrangements;
(5) The funds or sources of funds, if any, known to the nursing home administrator that are or could be available to pay the costs of burial;
(6) The arrangements, if any, the nursing home administrator proposes to make for the burial of the individual, including financial arrangements, that take into account any pre-arrangements or preferences stated in §C(1) of this regulation; and
(7) Any other information requested by the Department for proper administration of the law and these regulations.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.03 - Approval of Burial Arrangements for Unclaimed Deceased Nursing Home Residents › Section 32.02.03.05 - Prior Approval of the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. A nursing home administrator shall obtain the approval of the Department for the burial and funeral arrangements of an unclaimed deceased nursing home resident before the arrangements may be carried out.
B. The Department will approve a nursing home administrator's proposed arrangements for burial of an unclaimed deceased nursing home resident if:
(1) The proposed arrangements take into account any pre-arrangements or preferences of the deceased resident;
(2) Sufficient funds (including Social Security, VA, or Social Services burial assistance benefits) are available to pay the burial costs; and
(3) The total burial costs would meet one of the following financial criteria:
(a) The total burial costs would not exceed $650, exclusive of cemetery charges, or
(b) If the total costs would exceed $650, exclusive of cemetery charges, the additional costs are reasonably required in order to comply with the deceased resident's burial pre-arrangements or preferences.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 02 - PROVIDER REGULATIONS › Chapter 32.02.03 - Approval of Burial Arrangements for Unclaimed Deceased Nursing Home Residents › Section 32.02.03.06 - Estates and Trusts Article

Current through Register Vol. 51, No. 14, July 12, 2024
Nothing in these regulations shall be construed to modify the requirements of the Estates and Trusts Article, Annotated Code of Maryland, regarding the administration of estates.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.01 - Preface

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter governs the administration of grants to local government agencies to develop and improve elderly citizen activities centers under the Elderly Citizen Activities Centers Loan Act of 1987 and previous and subsequent similar acts.
B. The terms of previous Authorization Acts continue to govern the administration of funds for facilities which have received, or after this may receive, State funds under previous Elderly Citizen Activities Centers Acts.
C. These regulations provide rules for the administration of grants under the following Authorization Acts:
(1) Chapter 910, Laws of Maryland, 1978, as amended;
(2) Chapter 680, Laws of Maryland, 1983;
(3) Chapter 472, Laws of Maryland, 1984;
(4) Chapter 541, Laws of Maryland, 1985, as amended;
(5) Chapter 471, Laws of Maryland, 1986;
(6) Chapter 366, Laws of Maryland, 1987; and
(7) Subsequent similar acts.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.03 - Eligibility of an Applicant for Grant Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local government agency may apply for State funds under the Elderly Citizen Activities Centers Capital Improvement Grants Program, if the applicant is eligible to receive funding under Title III of the Older Americans Act, 42 U.S.C. §
										3001 et seq.
B. A local government agency may apply for a grant to subgrant to a nonprofit organization.
C. Before submitting the application, an applicant which is not an area agency on aging shall have its proposed project reviewed by the area agency on aging, and shall submit a letter of recommendation from that agency with its proposal.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.04 - Eligibility of a Senior Center for Grant Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §C of this regulation, to receive a State grant, a senior center shall meet the following mandatory requirements:
(1) Population.
(a) An urban senior center shall serve a catchment area which has a population of at least 10,000 elderly citizens.
(b) A rural senior center shall serve a catchment area which has a population of at least 2,000 elderly citizens.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.05 - Priority of Eligible Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligible projects shall be classified according to the type of work proposed. Projects classified under the following types of work will receive priority:
(1) Projects to renovate or replace senior centers in order to make life safety corrections;
(2) Projects to renovate or open senior centers in areas of high concentration of low-income, frail, or minority elderly citizens;
(3) Projects to renovate obsolete buildings that have been in use for more than 40 years;
(4) Projects to renovate senior centers that have been in use for more than 25 years; and
(5) Projects which have not previously received grants under this program.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.06 - Use of Grant

Current through Register Vol. 51, No. 14, July 12, 2024
A. A State grant under this program may be used by a local government for the following eligible work:
(1) Conversion of a public building or part of a public building for use as a senior center;
(2) Acquisition of an existing building or part of an existing building for use as a senior center;
(3) Renovation of a senior center;
(4) Purchase of capital equipment for a senior center;
(5) Planning, design, and construction of a senior center;
(6) Architects' and engineers' fees in connection with §A(1)-(5) of this regulation;
(7) A subgrant by a local government agency to a nonprofit organization for a purpose stated in §A(1)-(6) of this regulation; and
(8) Development of a comprehensive master plan for elderly citizen activities centers in a political subdivision.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.07 - Amount of Grant

Current through Register Vol. 51, No. 14, July 12, 2024
A. A grant for conversion, acquisition, renovation, equipment, or construction may not exceed $600,000.
B. A grant for the development of a master plan may not exceed $15,000.
C. Except as provided in §E of this regulation:
(1) A State grant may not exceed 50 percent of the total cost of eligible work;
(2) At least 50 percent of the cost of eligible work shall be provided from local contributions.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.09 - Applications for Development of Master Plans for Elderly Citizen Activities Centers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local government agency may apply for a grant to be used for development of a master plan by filing with the Department an original application and seven copies, on a form provided by the Department.
B. The application shall include all of the following information:
(1) Program statement, briefly describing the proposed project, an explanation of the need for a master plan, and a description of the methodology to be used in development of a master plan. The methodology shall include:
(a) An analysis of demographic characteristics and trends in the jurisdiction which demonstrate a need for future senior centers; and
(b) An analysis of the geographic location of the area and how the location affects the area's need for senior centers.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.10 - Allowable Types of Local Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except when the application is for the development of a master plan, the applicant may apply the following types of contributions toward the applicant's required share of the cost of eligible work:
(1) Cash;
(2) The value of real property and improvements made available by the applicant for use as part of the project; and
(3) If the applicant proposes to contribute leased property for use as part of the project, the 15-year net retail rental value of that property.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.11 - Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant shall comply with the application procedures required by the Department at the time of application.
B. Applications shall be filed with the Secretary.
C. The Secretary shall establish a reasonable date each year by which all applications for grants during that fiscal year are to be received. The Secretary shall provide a copy of each application to the Maryland State Clearinghouse for Intergovernmental Assistance and the Department of General Services for review and comments.
D. After the Secretary approves an application, the Secretary shall promptly report the application to the Board of Public Works, together with a written report that includes:
(1) A statement that:
(a) The project has been reviewed by the Maryland State Clearinghouse for Intergovernmental Assistance and the Department of General Services,
(b) Indicates that all costs identified in the project application are determined to be reasonably sufficient to bring the facility into conformity with all existing building, fire, handicapped accessibility, and all other applicable State and local codes,
(c) The project has been approved by the Secretary; and
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.12 - Award of Contracts by the Grantee

Current through Register Vol. 51, No. 14, July 12, 2024
A. In awarding a contract for the performance of eligible work under a grant, a grantee shall comply with regulations or guidelines adopted by the Board of Public Works regarding the use of State funds.
B. If a grantee proposes to award a contract for the performance of eligible work under the grant, and if competitive bidding is required, the grantee shall comply with each of the following requirements before a contract is awarded:
(1) The grantee shall advertise for competitive bids in appropriate trade publications, including appropriate publications used by the Department of General Services;
(2) The grantee may select and recommend as the contractor the bidder whose offer, in the opinion of the applicant, best combines economy and quality;
(3) The grantee shall submit the bid tabulation and the name of the recommended contractor to the Department.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.13 - Additional Requirements Applicable to Grantee

Current through Register Vol. 51, No. 14, July 12, 2024
A. Completion of Eligible Work.
(1) Except as otherwise provided in this regulation, a grantee shall complete eligible work within 2 years after receiving notification from the Secretary that its application has been approved by the Board of Public Works.
(2) When eligible work has been completed, the grantee shall submit to the Department a certification from qualified personnel of the grantee or of a contractor that the work has been completed according to approved plans.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.01 - Senior Citizen Activities Centers Capital Improvement Grants › Section 32.03.01.14 - Recovery of State Grant Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under the conditions of §B of this regulation, the State may recover State grant funds.
B. The State may recover State grant funds if, within 15 years of the completion of a project:
(1) An interest in property with respect to which funds have been paid under this program is assigned, transferred, or conveyed:
(a) To any person, agency, or organization which has not been approved by the Board of Public Works as a transferee, or
(b) For use other than as a senior center; or
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.01 - 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) "Legal representative" means a person acting under a power of attorney, as a representative payee (unless the facility is the representative payee), or as a guardian of the person or property.
(2) "Local ombudsman" means the Director of the local Nursing Home Ombudsman Program.
(3) "Patient advocate" means the director of the local Nursing Home Ombudsman Program, the Director of the State Nursing Home Ombudsman Program, or the professional staff and volunteers working in those programs.
(4) "Related Institution".
(a) "Related institution" means an organized institution, environment, or home that:
(i) Maintains conditions or facilities and equipment to provide domiciliary, personal, or nursing care for two or more unrelated individuals who are dependent on the administrator, operator, or proprietor for nursing care or the subsistence of daily living in a safe, sanitary, and healthful environment; and
(ii) Admits or retains the individuals for overnight care.
(b) "Related institution" does not include:
(i) An adult residential environment or home that is certified by the Department of Human Resources; or
(ii) A nursing facility or visiting nurse service that is conducted only by or for adherents of a recognized church or religious denomination, in accordance with tenets and practices that include reliance on treatment by spiritual means alone for healing.
(5) "Secretary" means the Secretary of Aging.
(6) "State ombudsman" means the Director of the State Nursing Home Ombudsman Program.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.02 - Delegation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary has the authority to receive, investigate, and seek to resolve complaints concerning the operations of related institutions and the authority to make on-site visits to related institutions on his own motion, to determine if these facilities are in compliance with applicable laws, rules, and regulations.
B. The Secretary may delegate the powers specified in §A of this regulation to the director of a local office on aging if:
(1) The local office on gging has established a local nursing home ombudsman program within the agency or by grant, or contract; and
(2) The local nursing home ombudsman program complies with these regulations.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.03 - Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State ombudsman shall provide, and the local ombudsman shall participate in, the following training for local ombudsman:
(1) At least 14 hours of orientation to provide a working knowledge of the long-term care system and the Statewide Ombudsman Program;
(2) At least quarterly in-service meetings, each at least 1 day in duration;
(3) Technical assistance on a continuing, as-needed basis.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.04 - Complaint Investigation Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Ombudsman Program is responsible for investigating complaints made by or on behalf of residents of related institutions concerning the provision of services to residents.
B. Investigation responsibilities shall include but not be limited to:
(1) Personal contact with the resident who has made the complaint or on whose behalf the complaint was made;
(2) Interviews with appropriate officials and staff of the related institution and other appropriate resource people;
(3) Visits with residents other than the resident who has complained or on whose behalf the complaint has been made if it is necessary to verify the complaint or to protect the confidentiality of the complaint or resident;
(4) Documentation of the complaint and investigation;
(5) Periodic communication with the complainant and resident to keep them informed of the status of the investigation.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.05 - Complaint Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A. After an investigation, if the patient advocate and the local ombudsman determine that the complaint has no merit, the patient advocate shall explain the situation fully to the complainant, and educate the complainant as to his rights and responsibilities.
B. After an investigation, if the complaint is fully or partially verified, the patient advocate shall seek to resolve the problem.
C. Complaint resolution responsibilities shall include but not be limited to:
(1) Development of a plan for corrective action through discussions with the complainant, resident, and appropriate officials and staff of the related institution;
(2) Establishment of a timetable for resolution;
(3) Follow-up within 30 days to determine if the problem giving rise to the complaint has been resolved.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.06 - Cooperation with the Department of Health and Mental Hygiene

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department of Health and Mental Hygiene shall designate an employee of the Division of Licensing and Certification to serve as a liaison between the Ombudsman Program and the Department of Health and Mental Hygiene.
B. If a local or State ombudsman has reason to believe that a related institution is in violation of any statute or regulation which is enforced by the Department of Health and Mental Hygiene, and the patient advocate is unable to resolve the situation, the local or State ombudsman shall refer the matter to the Department of Health and Mental Hygiene's designated liaison for investigation and appropriate enforcement.
C. The State ombudsman shall provide the Department of Health and Mental Hygiene with an annual statistical summary of the complaints handled by the Nursing Home Ombudsman Program.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.07 - Record-Keeping System

Current through Register Vol. 51, No. 14, July 12, 2024
A. The respective local and State ombudsman shall maintain records related to complaints received by or on behalf of residents of related institutions which shall include:
(1) Name, address, and phone number of the complainant;
(2) Name of the resident;
(3) Relationship of the complainant to the resident;
(4) Name of the facility;
(5) Nature of the complaint;
(6) Steps taken to investigate the complaint;
(7) Outcome of the investigation;
(8) Resolution and follow-up.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.08 - Access to Medical Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A related institution shall grant access to a resident's medical record or provide a copy of a medical record to a patient advocate if:
(1) The patient advocate presents written authorization from the resident on whom the record is kept;
(2) In the event that the resident has been adjudicated a disabled person, the patient advocate presents written authorization from the court appointed guardian; or
(3) In the event that the resident has not been adjudicated disabled but is unable to communicate with others or is found to be medically incompetent by the attending physician of the resident, the patient advocate presents written authorization from the next of kin of the resident, the sponsoring agency of the resident, or, unless the facility is the representative payee, the representative payee that the Social Security Administration designates for the resident.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.09 - Annual Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department of Aging shall conduct an annual review of each local ombudsman program.
B. The annual review shall be conducted to ensure local program compliance with all applicable federal and State statutes and regulations.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.02 - Nursing Home Ombudsman Program › Section 32.03.02.10 - Family and Resident Council Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Long Term Care Ombudsman Program shall support the organization and development of family and resident councils in nursing homes.
B. Organizing a Resident or Family Council.
(1) The Ombudsman Program shall promote the development of family and resident councils in nursing homes in their local jurisdictions.
(2) If a nursing home does not have a resident council, the local ombudsman shall provide assistance to the residents and the facility in developing an active resident council.
(3) If a nursing home does not have an active family council, the local ombudsman shall provide assistance and make recommendations to the family members and facility in developing an active family council.
(4) Local ombudsman involvement in the development of resident or family councils may include:
(a) Providing information about resident or family councils to residents, family members, or the nursing home;
(b) Referring residents, family members, or the nursing home to appropriate resources for assistance;
(c) Speaking to groups on the role of the Ombudsman Program, family councils; or resident councils; and
(d) When invited, participating in organizational meetings for family councils and resident councils.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the Senior Assisted Living Subsidy Program is to provide subsidies on behalf of eligible elderly residents of facilities that are licensed as an assisted living program pursuant to COMAR 10.07.14, and enrolled in the Program.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.03 - Enrollment of Assisted Living Facility Licensee

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an assisted living facility wants to participate in the Program and receive subsidies on behalf of eligible residents, the licensee shall:
(1) Obtain an enrollment form from the local office;
(2) Complete the enrollment form; and
(3) Submit the enrollment form to the local office, along with:
(a) A copy of its license or its application for a license, and
(b) A sample copy of its resident agreement.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.04 - Application for Subsidy

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a resident's or prospective resident's net monthly income is less than the approved monthly fee at the facility, the resident or prospective resident may apply to the local office for a subsidy on an application provided by the Department.
B. An application for a subsidy shall include:
(1) Basic personal information;
(2) Income, expense, and asset information, including the amount and type of regular medical expenses; and
(3) A release signed by the applicant authorizing the local office to verify the medical and financial information in the application.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.05 - Resident Eligibility for Subsidy

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant is eligible to receive a subsidy paid to the licensee on the applicant's behalf when the following conditions are met:
(1) The applicant is a resident 62 years old or older, or has been accepted for admission as a resident, in a facility operated by a licensee, which has enrolled in the Program and executed a service agreement with the local office;
(2) The applicant is determined to be functionally eligible for a subsidy, based on a functional assessment;
(3) The applicant is determined to be financially eligible for a subsidy, based on a review and verification of the financial information provided; and
(4) Unless the licensee is a nonprofit corporation, the applicant is not a parent, child, spouse, aunt, uncle, niece, nephew, first cousin, or in-law of:
(a) The licensee, or
(b) Any partner or officer of the licensee.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.06 - Determination of Eligibility for Subsidy

Current through Register Vol. 51, No. 14, July 12, 2024
A. If subsidy funds are available, the local office, upon receipt of an application for a subsidy, shall:
(1) Arrange for a functional assessment of the applicant; and
(2) Determine if the applicant is functionally and financially eligible to receive a subsidy.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.07 - Amount of Subsidy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maximum Monthly Subsidy Amount.
(1) The monthly subsidy amount paid by the local office to a licensee on behalf of a subsidized resident is equal to the lesser of:
(a) The difference between the subsidized resident's net monthly income and the facility's approved monthly fee; or
(b) The maximum monthly subsidy amount set forth in writing annually by the local office, which amount shall be between the minimum rate of $650 and the maximum rate of $1,000 per month, inclusive.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.08 - Administration of Subsidies

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall designate, in writing, a local office to:
(1) Administer the Program's subsidies;
(2) Execute subsidy agreements with licensees; and
(3) Make monthly subsidy payments to licensees on behalf of subsidized residents.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.09 - Responsibilities of a Local Office

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local office shall execute a subsidy administration agreement with the Department to administer Program subsidies.
B. A subsidy administration agreement shall include the:
(1) Time period of the agreement;
(2) Monitoring and reporting requirements for facilities in the local office's jurisdiction;
(3) Responsibilities of the local office for administering subsidies, including:
(a) Executing service agreements with licensees who receive subsidies on behalf of subsidized residents,
(b) Determining an applicant's eligibility to receive subsidies,
(c) Identifying applicants or residents who may be eligible for subsidies,
(d) Determining and annually recalculating the amount of subsidy that an enrolled provider may receive for a subsidized resident,
(e) Issuing monthly payments to enrolled providers on behalf of subsidized residents, and
(f) Filing required reports with the Department concerning subsidies paid;
(4) Total amount of subsidy funds allocated by the Department to the area served by the local office; and
(5) Portion of the total amount that the local office may use for its administrative costs.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.10 - Service Agreement Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A service agreement between a local office and an enrolled provider shall:
(1) Specify the number of beds for which the enrolled provider is licensed or for which the enrolled provider has applied for a license;
(2) Specify the level of care for which the enrolled provider is licensed or for which the enrolled provider has applied for a license;
(3) Specify the approved monthly fee, which is the maximum amount the enrolled provider can charge a subsidized resident;
(4) Require the enrolled provider to notify the local office immediately if the enrolled provider decides to surrender its license, or if any actions are taken by others to revoke or restrict the license;
(5) Specify that the enrolled provider is obligated to maintain its license and operate in compliance with COMAR 10.07.14;
(6) Specify the minimum services the enrolled provider shall provide to all subsidized residents;
(7) Require the local office to approve any contracts the enrolled provider uses for subsidized residents;
(8) Specify that the enrolled provider may not charge a resident who is not subsidized less than the approved monthly fee, unless the non-subsidized resident has a subsidy application pending;
(9) Require the enrolled provider to keep a record of all payments received on behalf of a subsidized resident, which records shall be maintained so that they can be examined by the local office or Department with 24 hours notice;
(10) Require the enrolled provider to keep information and records regarding a subsidized resident's subsidy confidential from anyone other than the local office or Department, unless:
(a) Authorized to release the information or records by the subsidized resident or the subsidized resident's representative, or
(b) Compelled by a subpoena to release the information or records;
(11) Specify the maximum monthly subsidy that will be available for payment;
(12) Specify how and when payment requests shall be made to the local office;
(13) Specify the term of the agreement;
(14) Contain the enrolled provider's Federal Employer Identification number or Social Security number;
(15) Specify that the subsidized residents are third-party beneficiaries of the service agreement;
(16) Require that any amendments to the service agreement be in writing and executed by all parties to the agreement or their authorized representatives; and
(17) Specify that if an emergency prevents a local office from carrying out its responsibilities under a service agreement, the Department may enforce and administer the service agreement.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.03 - Senior Assisted Living Subsidy Program › Section 32.03.03.11 - Denial or Rescission of Licensee Enrollment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local office may deny enrollments in the subsidy program, refuse to subsidize additional residents at an enrolled provider, or rescind a licensee's service agreement or provider enrollment if:
(1) Conditions in the facility present an imminent danger to the life, safety, health, or welfare of the residents;
(2) A licensee fails to meet the licensure requirements of COMAR 10.07.14;
(3) An ongoing pattern exists of violations of COMAR 10.07.14 involving the licensee or facility;
(4) There is a violation involving the licensee or facility of COMAR 10.07.14 that presents a threat to the health, safety, or welfare of a resident;
(5) A licensee fails to correct cited violations of this chapter within the time specified in writing by the Department or local office;
(6) A licensee obtains, or attempts to obtain or retain, its assisted living program license by fraudulent means, misrepresentation, or the submission of false information to the Department, a local office, or the Department of Health and Mental Hygiene;
(7) A licensee surrenders its license;
(8) A licensee fails to comply with the requirements for renewal of the license;
(9) A licensee fails to abide by the terms of its service agreement or its resident agreements; or
(10) A licensee or one of its principals:
(a) Has been cited for one or more deficiencies in the past 24 months which presented serious danger to a resident's health or safety; or
(b) Has failed to demonstrate substantial, sustained compliance for at least 24 months after any cited deficiency which presented serious danger to a resident's health or safety.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.01 - 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) Allowable Medical Expenses.
(a) "Allowable medical expenses" means the total recurring, nonreimbursable medical expenses an individual or a couple reasonably expects to pay out-of-pocket during the 12 months following the date on which a calculation is made to determine a subsidy amount.
(b) "Allowable medical expenses" does not include expenses:
(i) Paid by a source other than the participant, such as insurance, Medicare, grants, or charitable organizations; or
(ii) For medical day care or attendant care, unless prescribed by a physician.
(c) "Allowable medical expenses" may include recurring, nonreimbursable expenses for:
(i) Services of physicians and other health care professionals;
(ii) Hospital expenses;
(iii) Medical insurance premiums;
(iv) Prescription and nonprescription medicines;
(v) Dental expenses;
(vi) Eyeglasses; and
(vii) Payments on accumulated medical bills.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.02 - Congregate Housing Services Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certificate Required. An individual or other legal entity shall obtain a certificate from the Department before representing that it is a part of the Program or a Department-approved congregate housing services provider. The requirements of this chapter shall be met in order for a provider to obtain a certificate.
B. Application. In order to obtain a certificate, an individual or legal entity that wants to be certified as a provider shall apply to the Department for a certificate on a form provided by the Department.
C. Separate Certificate Required. A separate certificate is required for each facility.
D. Term of Certificate. A certificate is valid for the period specified on the certificate.
E. Owner of Certificate. If a certificate is issued, it shall be:
(1) For a specific facility; and
(2) In the name of the individual or legal entity that made the application.
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.03 - Certificate Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for a certificate shall submit to the Department:
(1) Documentation that verifies that:
(a) The facility in which the applicant proposes to provide congregate housing services is owned, leased, or otherwise under the control of the applicant; or
(b) The applicant has entered into a written agreement with the owner or management of the facility that specifies that the applicant is to be the sole congregate housing services provider for residents in the facility; and
Code of Maryland Regulations › Title 32 - MARYLAND DEPARTMENT OF AGING › Subtitle 03 - GRANTS AND SUBSIDIES › Chapter 32.03.04 - Congregate Housing Services Program › Section 32.03.04.04 - Issuance of a Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may not issue a certificate until:
A. A completed application for certification has been submitted to the Department;
B. The Department has verified that the requirements in Regulation .03 of this chapter have been met; and
C. The Department has inspected and approved the facility.