reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.09 - Inspection of Records and Disclosure of Information - Maryland Certificate of Foreign Birth

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary shall prepare and register a Maryland certificate of foreign birth
				  upon a request that the certificate be prepared from the court, an adopting
				  parent, or an adopted individual 18 years old or older, if the adoption took
				  place:
(1) Through a court of competent
				  jurisdiction in this State; or
(2)
				  Under the laws of a jurisdiction or country other than the United States:
(a) By an adopting parent who is a resident
				  of this State; and
(b) With an IR-3
				  visa or IH-3 visa being granted to the adopted individual by the United States
				  Immigration and Naturalization Service under the Immigration and Nationality
				  Act.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.10 - Birth Certificate of a Deceased Person

Current through Register Vol. 51, No. 14, July 12, 2024
A. On presentation of an official death
				  certificate, a birth certificate on a deceased individual may be issued to:
(1) A parent;
(2) A surviving spouse;
(3) A legal guardian; or
(4) An authorized representative of the
				  deceased who presents an affidavit attesting to the purpose for obtaining the
				  record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.11 - Verification of Data

Current through Register Vol. 51, No. 14, July 12, 2024
A. Birth,
				  Death, and Marriage Verification.
(1)
				  Verification of the facts contained on the vital records in this section may be
				  furnished by:
(a) The Secretary or, for
				  births and deaths only, the local health officer of the county of the
				  occurrence of the event, to any of the agencies cited in Regulation .08K of
				  this chapter, in the conduct of their official duties; or
(b) The Secretary to a government official
				  who requests the verification in order to carry out the duties or functions of
				  the official's office as specified in
				  Public Law
				  108-458 or
				  Public Law
				  109-13.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.12 - Reports of Divorce and Annulment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The parties to a divorce or an annulment
				  of marriage action, or their respective attorneys, shall provide the necessary
				  information to the clerk of the appropriate court for the clerk to prepare and
				  forward to the Secretary the required report of divorce or annulment of
				  marriage.
B. Divorce or annulment
				  of marriage report records maintained by the Secretary are not official copies
				  of the decrees, and certified copies of the decrees may not be issued by the
				  Secretary.
C. A copy of the decrees
				  in §B of this regulation shall be obtained from the appropriate circuit
				  court of the several counties of the State or Baltimore City, depending on
				  where the divorce or annulment action took place.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.13 - Commemorative Birth Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The commemorative birth certificate shall:
(1) Cost $50 per copy, except under certain
				  circumstances to be determined by the Secretary of Health and Mental Hygiene,
				  and be available for issuance to the subject of the vital record or an
				  authorized representative of the subject of the vital record, or both, or an
				  order of a court of competent jurisdiction;
(2) Constitute a certified copy of the
				  original birth record and have the same legal status and be treated with the
				  same protections afforded the photocopied or electronically produced certified
				  copy of the original birth certificate; and
(3) Be in a form consistent with the need to
				  protect the integrity of vital records but suitable for display.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.14 - Death Certificate - Amendment

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order for the name of the deceased, the
				  cause of death and medical certification, the manner of death, the date and
				  time of death, and the place where the death occurred to be amended on a death
				  certificate, the facts necessitating the amendment shall be certified to the
				  Secretary by the physician, physician assistant, or nurse practitioner who
				  filled out and signed the death certificate, or by the medical
				  examiner.
B. When a death
				  certificate is filled out and signed by the medical examiner, only the medical
				  examiner may certify to the Secretary the facts necessitating an amendment on
				  the death certificate to the name of the deceased, the cause of death and
				  medical certification, the manner of death, the date and time of death, and the
				  place where the death occurred.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.15 - Certificate of Birth Resulting in Stillbirth

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall prepare a Maryland
				  certificate of birth resulting in stillbirth upon the request of the parent or
				  parents of a stillborn child.
B. In
				  order for the Secretary to prepare a Maryland certificate of birth resulting in
				  stillbirth:
(1) A fetal death shall be
				  registered pursuant to Regulation .05A of this chapter; and
(2) The parent or parents requesting the
				  certificate of birth resulting in stillbirth shall be named on the registered
				  fetal death certificate.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.01 - Vital Records › Section 10.03.01.16 - Births Outside an Institution

Current through Register Vol. 51, No. 14, July 12, 2024
A. An attending clinician in charge of a
				  birth outside an institution shall:
(1)
				  Prepare the forms required by the Secretary to register the birth;
				  and
(2) File the forms.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.02 - Release of Confidential Information in the Maternal and Child Health Bureau › Section 10.03.02.01 - Confidential Information

Current through Register Vol. 51, No. 14, July 12, 2024
All information relating to personal facts and
					 circumstances, such as names and addresses, medical examinations, and financial
					 resources, obtained by the State or local staff administering the programs of
					 the Maternal and Child Health Bureau shall be treated as confidential and may
					 not be disclosed without the individual's consent, except as may be necessary
					 to provide services to individual mothers and children or as otherwise required
					 by law. Information may be disclosed, however, in summary, statistical, or
					 other form which does not identify individuals.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.02 - Release of Confidential Information in the Maternal and Child Health Bureau › Section 10.03.02.02 - Disclosure of Confidential Information

Current through Register Vol. 51, No. 14, July 12, 2024
All records and information shall be held confidential and
					 may not be disclosed without the individual's consent, except as may be
					 necessary to provide services to the individual mother or child or as otherwise
					 required by law. This means that:
A.
				  Confidential information may be released without the patient's or parent's
				  consent to agencies, institutions, or individuals who are authorized to provide
				  maternal and child health services to the mother or child as a part of the
				  program of the Department of Health and Mental Hygiene.
B. Confidential information may be released
				  to other public agencies to the extent that they are authorized to provide
				  services for the health and welfare of the mother or child for whom the
				  patient, or the patient's parent in the case of a minor, has requested
				  services. In these circumstances, the information may be disclosed only if
				  written assurances are given to the Maternal and Child Health Bureau that:
(1) The confidential character of the
				  information will be preserved;
(2)
				  The confidential information will be used only for the purpose for which it is
				  disclosed;
(3) The purposes for the
				  disclosure are reasonably related to the purposes of the program of the
				  Department of Health and Mental Hygiene and the functioning of the other
				  agencies; and
(4) The standards of
				  protection established by the other agencies to which the confidential
				  information is released are of equal or greater stringency than those
				  established by the Department of Health and Mental Hygiene itself.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.02 - Release of Confidential Information in the Maternal and Child Health Bureau › Section 10.03.02.03 - Responsibility for Confidential Records and Information

Current through Register Vol. 51, No. 14, July 12, 2024
The Director of the Maternal and Child Health Bureau,
					 working under the Secretary of Health and Mental Hygiene:
A. Are responsible for carrying out this
				  regulation and procedures;
B. Shall
				  initiate suitable office practices to assure the protection of confidential
				  records; and
C. Are responsible for
				  informing staff employees who have access to confidential records and
				  information.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 03 - HEALTH STATISTICS › Chapter 10.03.02 - Release of Confidential Information in the Maternal and Child Health Bureau › Section 10.03.02.04 - Permissible Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
Information may be disclosed in summary, statistical, or
					 other form, which does not make it possible to identify any particular
					 individual.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.01 - Local Health Services Funding › Section 10.04.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the provision of funding for local
					 health services designated in Health-General Article, §2-304, Annotated
					 Code of Maryland, and, at the discretion of the Secretary, any other State or
					 federal funds that support these services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.01 - Local Health Services Funding › Section 10.04.01.02 - 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) "Annual formula adjustment" means the
				  amount calculated after applying the percentage change as determined by
				  Health-General Article, §2-302(b)(2), Annotated Code of
				  Maryland.
(2) "Department" means
				  the Department of Health and Mental Hygiene.
(3) "Federal non-matching funds" means
				  federal funds made available annually by the State to a subdivision for local
				  health services that do not require local matching funds.
(4) "Local health services" means the
				  services specified in Health-General Article, §2-304, Annotated Code of
				  Maryland.
(5) "Local matching
				  funds" means the annual funding made available by a subdivision for local
				  health services to qualify for State matching funds, plus any excess
				  amount.
(6) "Secretary" means the
				  Secretary of Health and Mental Hygiene or the Secretary's designee.
(7) "State funds" means State matching funds
				  plus federal nonmatching funds.
(8)
				  "State matching funds" means the general funds made available annually to a
				  subdivision by the State for local health services that require local matching
				  funds.
(9) "Subdivision" means a
				  county of this State and Baltimore City.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.01 - Local Health Services Funding › Section 10.04.01.03 - Distribution of State Matching Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. For fiscal year 2013 and each subsequent
				  fiscal year, each subdivision shall receive, at a minimum, the amount of State
				  matching funds distributed in fiscal year 2012 for local health
				  services.
B. The annual formula
				  adjustment and any other adjustments for local health services shall be
				  allocated to each subdivision based on each subdivision's percentage share of
				  State funds distributed in the previous fiscal year, and to address a
				  substantial change in community health need, if any, as determined in the
				  discretion of the Secretary after consultation with local health
				  officers.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.01 - Local Health Services Funding › Section 10.04.01.04 - Requirement for Local Matching Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. As to appropriations referenced in
				  Health-General Article, §2-302, Annotated Code of Maryland, local matching
				  funds shall be required as a condition of any distribution to a
				  subdivision.
B. The local match
				  percentage for each subdivision shall equal the percentage required for each
				  subdivision for fiscal year 1996.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.01 - Local Health Services Funding › Section 10.04.01.05 - Submission of Local Health Department Budget for Local Health Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operating
				  budget to implement each local health department's projects for the next fiscal
				  year, funded partially or wholly from funds provided through local health
				  services, shall be prepared in sufficient detail and submitted to the
				  Department for the Secretary to determine the acceptability of the
				  budget.
B. The format, content, and
				  submission date of the budget shall be as set forth in the annual local health
				  department budget instructions available on the Department's website or as
				  otherwise determined by the Secretary.
C. Each position shall be accounted for in
				  only one project; however, funding for a position may be split among several
				  projects.
D. An agreement form
				  signed by the county executive authority and the health officer of the
				  subdivision shall be transmitted to the Department by a date established by the
				  Secretary for the upcoming State fiscal year. The agreement shall include, but
				  is not limited to, the following:
(1) A
				  statement showing the amount of the local matching funds, along with any
				  qualifications which cover that funding;
(2) A statement indicating whether the
				  subdivision elects to be the paying agent for items other than salaries, or
				  requests that the Department act in that capacity, and, in the event of such a
				  request, the names of the persons upon whose authority commitments and
				  expenditures are authorized; and
(3) A statement indicating whether the
				  subdivision wishes to audit those records of the Department pertaining to
				  disbursements made on behalf of the subdivision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.01 - Local Health Services Funding › Section 10.04.01.06 - Procedures and Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Purpose of Expenditure. State funds and local matching funds may only be
				  expended if the activity to be funded is:
(1)
				  The responsibility of the local health officer, the Secretary, or the Secretary
				  of the Environment, as established by the general public laws of
				  Maryland;
(2) Delegated to the
				  local health officer by the Secretary or the Secretary of the Environment;
				  and
(3) With respect to §A(1)
				  and (2) of this regulation, not budgeted for separately in the State
				  budget.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.02 - Establishment and Payment of In-Patient Charges by Recipients of Services and Other Chargeable Persons for the Patientamp's Care › Section 10.04.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
It is the policy of the Department of Health and Mental
					 Hygiene to determine the ability of recipients of services, responsible
					 relatives, and other chargeable persons to pay for in-patient or in-residence
					 services to individuals in State-operated facilities. These regulations shall
					 govern the assessment of these charges unless specific charges are established
					 by statutory enactment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.02 - Establishment and Payment of In-Patient Charges by Recipients of Services and Other Chargeable Persons for the Patientamp's Care › Section 10.04.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Adjusted gross
				  monthly income" means gross monthly income less allowable deductions as set
				  forth in Regulation .04C(5), of this chapter.
B. "Assets" means all accumulated personal
				  wealth over which a person has the authority or power to liquidate his
				  interest, including but not limited to cash savings, savings accounts,
				  certificates of deposit, money market certificates, checking accounts, stocks,
				  bonds, real property, personal property, mortgages, and mutual funds.
B-1. "Chargeable person" means:
(1) Any responsible relative; and
(2) Except for a recipient of services, any
				  other person who is legally responsible in an individual or representative
				  capacity for the care of an individual.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.02 - Establishment and Payment of In-Patient Charges by Recipients of Services and Other Chargeable Persons for the Patientamp's Care › Section 10.04.02.03 - Determination of the Ability of a Recipient of Services to Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. A recipient of
				  services' primary liability-to-pay in-patient charges established in accordance
				  with COMAR
				  10.02.01.04 a shall be determined
				  by conducting a financial investigation of the individual's income, assets, and
				  expenses.
B. Notwithstanding any
				  other provision of law to the contrary, the Department or its designated
				  financial agent may obtain and use financial information and, if and when
				  necessary, a summary of medical and psychological diagnoses regarding a
				  recipient of services. If the obtaining and use of this information is
				  connected to the Department's billing and collection functions under
				  Health-General Article, Title 16:
(1) The
				  Department shall obtain a release from the recipient of services or a
				  chargeable person to secure information from a financial institution;
(2) The Department shall request either
				  copies of the recipient of services' most recently filed federal and state
				  income tax returns or an affidavit that the recipient of services did not file
				  tax returns for the previous tax year;
(3) The failure of the recipient of services
				  to provide the Department with the required documents of financial status,
				  including the most recently filed federal and state income tax returns, may
				  result in the Department charging and the recipient of services being liable
				  for the full per-capita daily charge for services as set forth in COMAR
				  10.02.01.04 a; and
(4) Except as provided in § C of this
				  regulation, all information obtained by the Department or its designated agent
				  shall be treated as confidential.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.02 - Establishment and Payment of In-Patient Charges by Recipients of Services and Other Chargeable Persons for the Patientamp's Care › Section 10.04.02.04 - Determination of the Ability of a Responsible Relative to Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. Investigation of
				  Financial Condition.
(1) A responsible
				  relative's ability to pay will be determined by an investigation of the
				  financial condition of the person or persons to be held liable for payment for
				  the in-patient treatment rendered at a State-operated facility. The assets,
				  income, and cost of living of responsible relatives will be the subject of the
				  investigation.
(2) The Department
				  shall request either copies of the responsible relative's most recently filed
				  federal and state income tax returns or an affidavit that the responsible
				  relative did not file tax returns for the previous tax year.
(3) The failure of the responsible relative
				  to provide the Department with the required documents of financial status,
				  including the most recently filed federal and state income tax returns, may
				  result in the Department charging and the responsible relative being liable for
				  the full per-capita daily charge for services as set forth in COMAR
				  10.02.01.04 a.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.03 - Standards for Audits of Grants and Contracts with Providers and Local Health Departments › Section 10.04.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to prescribe standards,
					 policies, and procedures for the auditing of grants and contracts of the
					 Department of Health and Mental Hygiene with vendors, providers of service, and
					 local health departments.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.03 - Standards for Audits of Grants and Contracts with Providers and Local Health Departments › Section 10.04.03.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  shall apply to all contracts and grants made by the Department of Health and
				  Mental Hygiene with private vendors, grantees, and local health departments for
				  which an audit is provided as described in State Finance and Procurement
				  Article, §
										7-404,
				  Annotated Code of Maryland.
B. The
				  audit shall determine whether funds were spent in accordance with the contract
				  or grant agreement.
C. The auditor
				  shall review expenditures and revenues to determine if they are consistent with
				  the approved budget and supported by documentation in accordance with the
				  contract or grant agreement and generally accepted accounting
				  principles.
D. The audit shall
				  establish amounts due to or from the State by comparison of budgeted, reported,
				  and audited expenditures net of revenues and funded amounts.
E. The audit findings shall be the basis for
				  making a final settlement of the grant or contract.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.03 - Standards for Audits of Grants and Contracts with Providers and Local Health Departments › Section 10.04.03.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Contract" means a formal agreement
				  between the Department of Health and Mental Hygiene and a provider of services
				  to conduct a program or perform specified services for a
				  consideration.
(2) "Expenditures"
				  means disbursement of funds to pay vendors and employees for goods or services
				  provided.
(3) "Grant" means an
				  award of financial assistance to an eligible recipient under programs that
				  provide for this assistance based on review and approval of an application
				  setting forth a proposed activity or program.
(4) "Grantee" means that institution, public
				  or private agency, corporation, organization, or other legally accountable
				  entity that receives a grant and assumes legal and financial responsibility and
				  accountability both for the awarded funds and for the performance of the grant
				  supported activity.
(5) "Revenues"
				  mean monies generated by the program, such as client fees, payments by third
				  parties, contributions and interest earned on deposited grant funds.
(6) "Subgrantee" means one of two or more
				  entities whose activities, individually and collectively, are intended to
				  fulfill the purpose of the grant program pursuant to an agreement between the
				  subgrantee and the grantee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.03 - Standards for Audits of Grants and Contracts with Providers and Local Health Departments › Section 10.04.03.05 - Grantee Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  grantee, provider, and local health departments shall provide full disclosure
				  of all accounting, financial, and other records as needed, to the Audit
				  Division during regular business hours of the audited organization.
B. The grantee, provider, and local health
				  department shall retain all accounts and records of the grant or contract for a
				  period of 5 years following the close of each fiscal year for audit by the
				  Department.
C. Each primary grantee
				  shall be responsible for auditing subgrantees in accordance with the
				  chapter.
D. Each grantee shall
				  maintain detailed accounting records as to receipts and expenditures of grant
				  funds pertaining to the direct administration of the program. Each subgrantee
				  is accountable to the primary grantee, who is responsible directly to the
				  Division of Program Cost and Analysis of the Department of Health and Mental
				  Hygiene.
E. Revenues collected as a
				  result of sale of goods and services rendered by persons or facilities
				  receiving grant funds shall be credited to the grant program, and be applied as
				  a reduction of the gross expenditures of the program. These revenues shall
				  include fee collections, third-party payments, and proceeds from sales of goods
				  obtained or manufactured with labor and materials paid for with grant funds.
				  Revenues shall also include interest earned on deposited grant funds and
				  contributions, with the exception of those contributions which are
				  undesignated.
F. The grantee,
				  provider, or local health department shall have the right to present additional
				  information and evidence to support its position relative to the audit
				  findings. This information and evidence may be presented at the exit conference
				  or at any time before the issuance of the final audit report.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.04 - Human Services Agreements Manual › Section 10.04.04.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Agreement" means a legal document
				  setting forth the rights and responsibilities of the Department and the
				  vendor.
(2) "Department" means the
				  Department of Health and Mental Hygiene.
(3) "Human Services" means shelter, support
				  and health or health-related care, including corollary operations necessary to
				  the delivery of that care.
(4)
				  "Vendor" means any organization, including a local health department, which
				  delivers human services under a funding arrangement governed by an
				  agreement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 04 - FISCAL › Chapter 10.04.04 - Human Services Agreements Manual › Section 10.04.04.02 - Manual

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  may enter into an agreement with a vendor to provide human services.
B. The agreement shall specify that the
				  Department and the vendor comply with requirements and procedures set forth in
				  the "Human Services Agreements Manual", which is incorporated by
				  reference.
C. The Department shall
				  supply each vendor with a copy of the "Human Services Agreements
				  Manual".
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to all freestanding ambulatory care facilities.
B. An applicant or licensee shall also comply
				  with the regulations of one of the following chapters as appropriate:
(1) COMAR 10.05.02;
(2) COMAR 10.05.03;
(3) COMAR 10.05.04; or
(4) COMAR 10.05.05.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of
				  Health and Mental Hygiene.
(2)
				  "Facility" means a freestanding ambulatory care facility as defined in
				  §B(4) of this regulation.
(3)
				  "FDA" means the Food and Drug Administration of the U.S. Department of Health
				  and Human Services.
(4)
				  "Freestanding ambulatory care facility" means a:
(a) Freestanding surgical facility;
(b) Freestanding endoscopy
				  facility;
(c) Freestanding facility
				  utilizing major medical equipment;
(d) Freestanding birthing center;
				  or
(e) Freestanding kidney dialysis
				  center.
(5) "Health care
				  practitioner" means a person who is licensed, certified, or otherwise
				  authorized under the Health Occupations Article, Annotated Code of Maryland, to
				  provide health care services in the ordinary course of business or practice of
				  a profession.
(6) "License" means a
				  document issued by the Secretary to a person to operate a freestanding
				  ambulatory care facility.
(7)
				  "Physician" means an individual licensed to practice medicine in this State
				  under Health Occupations Article, Title 14, Annotated Code of
				  Maryland.
(8) "Secretary" means the
				  Secretary of Health and Mental Hygiene or the Secretary's designee.
(9) "Unexpected adverse outcomes" means
				  unanticipated negative outcomes, related to a patient's medical treatment and
				  not related to the natural course of the patient's illness or underlying
				  disease condition.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.03 - License Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  person may not establish or operate a freestanding ambulatory care facility
				  without obtaining a license from the Secretary.
B. License Period. A license is valid for 3
				  years from the date of issuance, unless suspended or revoked by the
				  Secretary.
C. A license issued
				  under this chapter is not transferable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.04 - Licensing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  person desiring to operate a facility shall:
(1) Be in compliance with all applicable
				  federal, State, and local laws and regulations;
(2) File an application on a written or
				  electronic form provided by the Department;
(3) Submit documentation that the Maryland
				  Health Resources Planning Commission has determined that the facility either
				  received a certificate of need or is exempt from certificate of need
				  requirements; and
(4) Submit a
				  written description of its quality assurance program as required by Regulation
				  .08 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.05 - Inspections by Secretary of Health and Mental Hygiene

Current through Register Vol. 51, No. 14, July 12, 2024
A. Open for Inspection. A licensed facility
				  or an entity proposing to operate such a facility shall be open during normal
				  business hours, or any other times that the facility is serving patients, for
				  inspection by the Department and by any other agency designated by the
				  Department to:
(1) Survey freestanding
				  ambulatory care facilities as directed by the Centers for Medicare and Medicaid
				  Services;
(2) Verify compliance with licensing regulations;
				  or
(3) Investigate complaints.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.06 - Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The licensee is
				  responsible for the overall conduct of the facility and for compliance with
				  applicable laws and regulations.
B.
				  Governing Body. The governing body shall identify the administrator who has
				  been given the authority and responsibility for overall policy and fiscal
				  management of the facility. The governing body shall develop a written
				  organizational plan.
C.
				  Administrator. The administrator is responsible for the daily operation of the
				  facility, including but not limited to:
(1)
				  Implementing the facility's policies and coordinating the provision of services
				  that the facility provides;
(2)
				  Organizing and coordinating the administrative functions of the
				  facility;
(3) Establishing
				  procedures for the accountability of those personnel involved in patient
				  care;
(4) Familiarizing the staff
				  with the facility's policies and procedures, and with applicable federal,
				  State, and local laws and regulations;
(5) Participating in the development,
				  negotiation, and implementation of agreements or contracts into which the
				  facility enters; and
(6)
				  Participating in the development of organizational and fiscal planning for the
				  facility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.07 - Personnel

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  administrator shall ensure that all personnel:
(1) Receive orientation and have experience
				  sufficient to demonstrate competency to perform assigned patient care
				  duties;
(2) Are licensed or
				  certified by an appropriate occupational licensing board to practice in this
				  State, if required by law; and
(3)
				  Perform or delegate duties and responsibilities in accordance with standards of
				  practice as defined by the Health Occupations Article, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.08 - Quality Assurance Program

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The administrator shall ensure that the facility develops and maintains a
				  quality assurance program which includes:
(1)
				  Monitoring and evaluation of the quality of patient care;
(2) Identification, evaluation, and
				  resolution of care problems; and
(3) A peer review process.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.09 - Medical Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The facility
				  shall maintain a complete, comprehensive, and accurate medical record for each
				  patient.
B. Each patient's medical
				  record shall include at least the following:
(1) Patient identifier;
(2) Significant medical history and results
				  of a physical examination;
(3)
				  Documentation of care or services provided;
(4) Evidence of consent; and
(5) Discharge diagnosis.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.10 - Patients' Rights and Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The administrator shall ensure that the
				  facility develops and implements written policies and procedures concerning
				  patients' rights and responsibilities.
B. The facility shall make the policies and
				  procedures available to patients, guardians, or other health care decision
				  makers, as defined by Health-General Article, Title 5, Subtitle 6, Annotated
				  Code of Maryland, and the public.
C. The policies and procedures shall ensure
				  that:
(1) The facility informs patients of
				  services that are available and the charges for services not covered by
				  third-party payors;
(2) A
				  physician, dentist, podiatrist, or other qualified health care practitioner
				  informs patients of their medical conditions unless medically contraindicated
				  as documented in their medical records;
(3) All patients are afforded an opportunity
				  to participate in planning their medical treatments and to refuse to
				  participate in experimental research; and
(4) All patients are ensured confidential
				  treatment of their medical records, and may approve or refuse release of
				  records to any individual outside the facility, except as provided by federal
				  or State law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.11 - Physical Environment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  facility shall meet all federal, State, and local laws, ordinances, and
				  regulations for construction.
B.
				  The facility shall meet all safety requirements of the National Fire Protection
				  Association, NFPA 101 "Life Safety Code", which is incorporated by reference at
				  COMAR 29.06.01.06 a.
C. The facility shall meet the requirements
				  for handling, treatment, and disposal of special medical wastes as provided in
				  COMAR 10.06.06.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.12 - Complaint Investigations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary may inspect a facility to investigate and resolve any complaint
				  concerning patient care and safety.
B. If the complaint concerns the performance
				  of a health care practitioner or standards of practice, the Department shall
				  refer the complaint to the board that licenses, certifies, or otherwise
				  authorizes the health care practitioner to provide services under the Health
				  Occupations Article, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.13 - Emergency Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary may immediately suspend a license on a finding that the public
				  health, safety, or welfare requires emergency action.
B. The Department shall deliver a written
				  notice to the licensee informing the licensee of the emergency suspension,
				  giving the reasons for the action and the regulation or regulations with which
				  the licensee has failed to comply that forms the basis for the emergency
				  suspension, and notifying the licensee of the licensee's right to request a
				  hearing and to be represented by counsel.
C. The filing of a hearing request does not
				  stay the emergency action.
D. When
				  a license is immediately suspended, the licensee shall:
(1) Immediately return the license to the
				  Department; and
(2) Stop providing
				  services immediately.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.14 - Revocation of License

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Revocation of License. The Secretary, for cause shown, shall notify the
				  licensee of the Secretary's decision to revoke the facility's license. The
				  revocation shall be stayed if a hearing is requested.
B. The Secretary may revoke a license if the
				  licensee:
(1) Has been convicted of:
(a) A felony that relates to Medicaid or
				  Medicare, or
(b) A crime involving
				  moral turpitude; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.15 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Criminal
				  Penalty. A person who violates any provision of this chapter is guilty of a
				  misdemeanor and on conviction is subject to a penalty not exceeding $1,000, or
				  imprisonment not exceeding 1 year, or both.
B. Each day that a violation is continued
				  after the first conviction is a separate offense.
C. Administrative Penalty. The Secretary may
				  impose an administrative penalty of up to $1,000 for a violation of any
				  provision of this chapter.
D. When
				  considering whether to impose an administrative penalty and the amount of the
				  penalty, the Secretary shall consider the following factors:
(1) The number, nature, and seriousness of
				  the violations;
(2) The extent to
				  which the violation or violations are part of an ongoing pattern during the
				  preceding 24 months;
(3) The degree
				  of risk, caused by the violation or violations, to the health, life, or safety
				  of the patients of the facility;
(4) The efforts made by, and the ability of,
				  the licensee to correct the violation or violations in a timely manner;
				  and
(5) Such other factors as
				  justice may require.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.01 - General Requirements › Section 10.05.01.16 - 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 Licensing and Certification Administration of the Department, not later
				  than 30 days after receipt of notice of the Secretary's action. The request
				  shall include a copy of the Secretary's action.
B. A hearing requested under this chapter
				  shall be conducted in accordance with State Government Article, §
										10-201 et seq.,
				  Annotated Code of Maryland, and COMAR 28.02.01 and 10.01.03.
C. The burden of proof is as set forth in
				  COMAR 10.01.03.28 a.
D. Unless otherwise stated in this chapter,
				  the Office of Administrative Hearings shall issue a proposed decision within
				  the time frames set forth in COMAR 28.02.01.
E. The aggrieved person may file exceptions
				  as set forth in COMAR
				  10.01.03.35 a.
F. The Secretary shall issued a final
				  decision in accordance with COMAR
				  10.01.03.35 a.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.02 - Freestanding Birthing Centers › Section 10.05.02.01 - 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) "Board" means the Board of
				  Nursing.
(2) "Certified nurse
				  midwife" means a registered nurse who is certified:
(a) By the American College of Nurse Midwives
				  Certification Council; and
(b) To
				  practice nurse midwifery in this State by the Board.
(3) Freestanding Birthing Center.
(a) "Freestanding birthing center" means a
				  facility that provides nurse midwife services through individuals licensed to
				  practice under Health Occupations Article, Title 8, Subtitle 6, Annotated Code
				  of Maryland.
(b) "Freestanding
				  birthing center" does not include:
(i)
				  Birthing services that are licensed or accredited as a unit of a hospital;
				  or
(ii) The private residence of
				  the patient.
(4) "Midwifery" means the antepartum,
				  intrapartum, and postpartum management and care of women and their
				  newborns.
(5) "Newborn" means an
				  infant in the first 48 hours of life.
(6) Normal Maternity.
(a) "Normal maternity" means a low risk,
				  uncomplicated prenatal course as determined by adequate prenatal care and
				  prospects for a normal, uncomplicated birth as defined by reasonable and
				  generally accepted criteria of maternal and fetal health.
(b) "Normal maternity" does not include the
				  use of drugs for induction or augmentation of labor, general and regional
				  anesthesia, vacuum extractors, forceps, recorded electronic fetal monitors,
				  cesarean section, or surgical procedures other than episiotomy or perineal
				  repair.
(7) "Nurse
				  midwife services" means those services permitted to be provided by individuals
				  licensed to practice nurse midwifery under Health Occupations Article, Title 8,
				  Subtitle 6, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.02 - Freestanding Birthing Centers › Section 10.05.02.02 - License Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A freestanding birthing center shall only provide normal
					 maternity care and shall meet all general licensing requirements for a facility
					 as provided in COMAR 10.05.01 and all requirements of this
					 chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 05 - FREESTANDING AMBULATORY CARE FACILITIES › Chapter 10.05.02 - Freestanding Birthing Centers › Section 10.05.02.03 - Licensing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A freestanding birthing center shall submit a nonrefundable
					 fee of $300 with an application for initial licensure or $300 with an
					 application for license renewal.