reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.11 - Health Maintenance Organizations › Section 10.07.11.08 - Policy Formulation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The HMO
				  shall have written policies governing the provision of the HMO services
				  according to stated objectives of the HMO. The policies shall be developed in
				  consultation with the executive officer, representative professionals,
				  including one or more physicians, nursing service personnel associated with the
				  service, and one or more enrollee representative or representatives. Policies
				  shall be approved by the governing authority and reviewed and revised annually
				  as required. These approvals shall be affirmed in writing and dated by an
				  authorized representative of the governing authority.
B. Patient Care Policies. The policies shall
				  cover at least the following:
(1) Inpatient
				  admission and discharge policies;
(2) Physician (Independent Practice
				  Association) services, including medical staff organization;
(3) Provision of or arrangements for other
				  services not directly provided by the HMO;
(4) Continuity and availability of care
				  through an established referral mechanism and ongoing contract with other
				  health services providers.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.11 - Health Maintenance Organizations › Section 10.07.11.09 - Access and Availability of Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Regular Hours.
(1) With respect to all services it
				  furnishes, whether direct or through contractual arrangements, an HMO shall
				  provide for regular hours during which an enrollee may receive
				  services.
(2) An HMO that provides
				  services directly to its enrollees through its staff members shall have an
				  orderly system for scheduling the provision of services to enrollees in a
				  timely manner, taking into account the immediacy of need for
				  services.
(3) An HMO that provides
				  services to its enrollees through independent licensed health care providers
				  under contract with the HMO shall ensure that the providers have an orderly
				  system for scheduling the provision of services to enrollees in a timely
				  manner, taking into account the immediacy of need for services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.11 - Health Maintenance Organizations › Section 10.07.11.10 - Physician Availability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  HMO shall have a physician available at all times to provide diagnostic and
				  treatment services. The HMO shall assure that every enrollee seen for a medical
				  complaint is evaluated under the direction of a physician and that every
				  enrollee receiving diagnostic evaluation or treatment is under the direct
				  medical management of an HMO physician who provides continuing medical
				  management.
B. Each enrollee shall
				  have an opportunity to select a primary physician or certified nurse
				  practitioner from among those available to the HMO.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.11 - Health Maintenance Organizations › Section 10.07.11.11 - Complaint System for Quality of Care Issues

Current through Register Vol. 51, No. 14, July 12, 2024
A. The HMO shall have a:
(1) Written procedure to assist and respond
				  to enrollees, families, and providers on complaints concerning quality of care
				  issues; and
(2) Designated
				  department to handle complaints.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.11 - Health Maintenance Organizations › Section 10.07.11.12 - Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. HMO to Be Open
				  for Inspection. An HMO shall be open to inspection by representatives of the
				  Department and by any agency designated by the Department.
B. Frequency of Inspection.
(1) The Department shall inspect each HMO
				  periodically at reasonable times.
(2) The Department shall monitor continuously
				  the health care services of an HMO:
(a) From
				  the time of notice by the Commissioner that the HMO is not operating in a
				  fiscally sound manner; and
(b)
				  Until:
(i) The Commissioner notifies the
				  Department that the HMO is operating in a fiscally sound manner; and
(ii) The Secretary determines that further
				  continuous monitoring is not warranted.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.11 - Health Maintenance Organizations › Section 10.07.11.14 - Waiver Authority

Current through Register Vol. 51, No. 14, July 12, 2024
The Department may grant waivers to the provisions of these
					 regulations when this action is demonstrated to be in the best interests of the
					 general public. Waivers may be granted for a 1-year period, are renewable, and
					 are subject to reconsideration at any time.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are applicable to all health care
					 facilities within correctional institutions and include those services provided
					 inmates who report to the health care facility on an out-patient basis. These
					 regulations do not include infirmaries which do not house patients
					 overnight.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Communicable
				  disease programs" means the provision of services that will assist in the
				  prevention of communicable disease.
B. "Department" means the Department of
				  Health and Mental Hygiene.
C.
				  "Health care facility" means a specified area within the correctional
				  institution in which general and clinical health care services are provided to
				  inmates in the custody of the Division of Corrections.
D. "Health care program" means a document
				  prepared by the facility and approved by the Department which lists the
				  following:
(1) The number of beds;
(2) Organizational structure;
(3) A description of the care, treatment, and
				  services provided for inmates;
(4)
				  Admission policies;
(5) Discharge
				  and referral policies and procedures;
(6) The staffing pattern by shifts;
(7) The job classification and job
				  descriptions of each employee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.03 - Compliance with State and Local Laws, Ordinances, Regulations, or Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				  correctional facility shall demonstrate to the Department its compliance with
				  applicable State and local ordinances, laws, regulations, and orders as they
				  apply to the use of facilities for health, welfare and safety.
B. Fire code requirements shall be:
(1) In accordance with the NFPA 101 Life
				  Safety Code as adopted as part of the State Fire Prevention Code of
				  Maryland;
(2) Annual inspection and
				  approval by the State fire authority.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.04 - License Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
Applicants for licensure shall conform to the
					 following:
A. Any person desiring to
				  open and operate a health care facility within a correctional institution or to
				  continue the operation of an existing health care facility, shall file a
				  written or electronic application with the Department giving the information
				  required by the Office of Health Care Quality;
B. The applicant shall submit a synopsis of
				  the health care program to be offered with the application; each subsequent
				  application shall include a list of changes in the original program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.05 - Transfer or Assignment of License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Transfer or assignment of the license is
				  prohibited.
B. A separate license
				  shall be required for each health care facility operated within the
				  correctional institution.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.06 - Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. Health Care
				  Facility to be Open for Inspection. Health care facilities, and any premise
				  proposed to be operated by an applicant for a license, shall be open at all
				  reasonable times to inspection by the Secretary of Health and Mental Hygiene
				  and by any agency designated by the Secretary of Health and Mental
				  Hygiene.
B. Frequency of
				  Inspection. Health care facilities shall be inspected by the Secretary of
				  Health and Mental Hygiene at least once during each 1-year period for which a
				  license is granted to determine whether the health care facility is complying
				  with the minimum standards established pursuant to these regulations.
C. Records and Reports. All records shall be
				  open to inspection by authorized representatives of the Department. Except
				  where authentication may be required, the disclosure of patient names to the
				  Division of Licensing and Certification surveyor may not be required. The
				  representatives of the Department shall maintain confidentiality of all the
				  data disclosed to them.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.07 - Policies and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
Written policies and procedures shall be established for
					 the following services:
A. Physician
				  services;
B. Health care
				  services;
C. Staffing;
D. Emergency care;
E. Medical research;
F. Communicable diseases;
G. Medical examinations and evaluation
				  process;
H. Pharmacy
				  services;
I. Dietary
				  services;
J. Nursing
				  Services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.08 - Communication

Current through Register Vol. 51, No. 14, July 12, 2024
There shall be a telephone in the health unit and
					 additional telephones or extensions or communication systems as required by the
					 Department to summon help in case of fire or other emergency.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.09 - Physician Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Medical
				  Examination. Each newly received inmate to the health facility shall be
				  examined within 2 working days after his admission as to his medical condition.
				  A record of each examination shall be kept as part of the permanent medical
				  record.
B. Availability. A licensed
				  physician shall be readily available to take care of the medical needs of the
				  inmates. Physician services may be provided through the following arrangements:
(1) A contract with a local physician to
				  provide coverage on specified hours and for emergencies; or
(2) Affiliation with a local hospital to
				  provide medical services required by the health care facility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.10 - Psychiatric Services

Current through Register Vol. 51, No. 14, July 12, 2024
Psychiatric services shall be provided according to the
					 needs of the patients.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.11 - Surgical Services

Current through Register Vol. 51, No. 14, July 12, 2024
Each health care facility desiring to perform surgical
					 procedures shall first obtain approval from the Department.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.12 - Health Care Services

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Health care services shall be provided according to the needs of the inmates
				  and shall be designed to maintain the highest possible degree of function,
				  self-care, and independence.
B. A
				  health care program shall be developed to insure prompt treatment of injury or
				  illness.
C. The health care
				  facility shall provide equipment necessary for medical care according to the
				  needs of the patients.
D. An
				  individual medical record shall be maintained for each patient. The record
				  shall indicate their condition at the time of admission, reports of illness and
				  injury, medical treatment provided, results of treatment, and their condition
				  at the time of discharge.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.13 - Staffing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The health
				  facility shall provide the number and level of personnel sufficient to meet the
				  total needs of the patient.
B.
				  Health facilities shall employ licensed personnel to provide medical services
				  when applicable.
C. The facility
				  shall provide personnel who are qualified by both training and experience in
				  the handling of health emergencies.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.14 - Emergency Care

Current through Register Vol. 51, No. 14, July 12, 2024
Each health facility in cooperation with the facility
					 physician shall set forth in writing, to all personnel, the routine procedure
					 for summoning appropriate medical care personnel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.15 - Medical Research

Current through Register Vol. 51, No. 14, July 12, 2024
Each health facility involved in medical research shall
					 follow standards developed by the American Correctional Association for the
					 safety and well-being of the inmate population.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.16 - Communicable Disease

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Cross-infection shall be guarded against by prompt isolation of diagnosed and
				  suspected cases of communicable disease. Room furnishings, equipment, and
				  supplies shall be kept clean at all times, properly cleaned after use, and
				  disinfected.
B. Reports of Disease.
				  The occurrence of an infectious disease, food poisoning, or dysentery, shall be
				  reported immediately by the examining physician to the local health department
				  and to the Division of Licensing and Certification.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.17 - Medical Examination and Evaluation Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Written policies and procedures shall be
				  developed and maintained in consultation with representatives of the medical
				  staff, nursing service, and administration governing the provisions for the
				  control of the sick call process and referral services. They shall address the
				  following:
(1) Screening Procedures.
(a) Routine handling of patient
				  complaints;
(b) Non-routine
				  handling of patient complaints.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.18 - Staff Development

Current through Register Vol. 51, No. 14, July 12, 2024
A. There
				  shall be a combined orientation and continuing education program at least every
				  2 months for all personnel. Documentation shall be available to include date,
				  time, topic discussed, speaker, and members present. A coordinated training
				  program with a local hospital is encouraged.
B. There shall be health care orientation and
				  training for correctional officers assigned to medical facilities. Assignments
				  and activities of correctional officers in medical areas shall be
				  established.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.19 - Pharmacy Services

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Procedures for Administration of Pharmaceutical Services. Each facility shall
				  comply with all federal, State, and local laws, ordinances, standards and codes
				  regulating the purchasing, storage, dispensing, administration, and recording
				  of drugs. Each health care facility shall:
(1)
				  Ensure that pharmaceutical services are provided;
(2) Make provision for prompt and convenient
				  acquisition of prescribed drugs;
(3) Record all supplies and drugs
				  requisitioned and received from the pharmacy;
(4) Record all prescriptions
				  dispensed;
(5) Obtain a permit to
				  operate a pharmacy from the Board of Pharmacy in the State if the pharmacy is
				  located within the correctional facility;
(6) If the facility has no pharmacy, there
				  shall be a written agreement for qualified pharmacy services, including
				  provision for emergency service and consultation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.20 - Dietary Services

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Adequacy of Diet. The food and nutritional needs of patients shall be met
				  according to physician's orders.
B. Therapeutic Diets.
(1) The therapeutic diet prescribed by the
				  attending physician shall be prepared and served as part of the course of
				  treatment of the patient. If the dietary requirement is beyond the capability
				  of the facility, other arrangements for the nutritional needs shall be made by
				  the health care facility physician.
(2) A diet manual approved by the physician
				  or dietitian shall be available.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.12 - Health Care Facilities Within Correctional Institutions › Section 10.07.12.21 - Housekeeping Services and Pest Control

Current through Register Vol. 51, No. 14, July 12, 2024
The following shall be observed:
A. The building and all its parts shall be
				  kept in good repair, neat, clean, attractive, and safe. Housekeeping shall meet
				  the highest possible standards of hygiene and cleanliness.
B. All walls, floors, ceilings, windows, and
				  fixtures shall be kept clean. Interior walls and floors shall be of a character
				  to permit frequent and easy cleaning.
C. The facility shall be kept free of
				  unnecessary accumulations of unused furniture, equipment, linen, clothing, and
				  similar items.
D. The facility
				  shall be maintained free of insects, rodents, and harborages, by operation of
				  an active pest-control program, either by use of facility personnel or by
				  contract with a pest-control company. Care shall be exercised in the usage and
				  storage of toxic and flammable insecticides and rodenticides.
E. All outside doors, windows, and other
				  outside openings shall be screened with wire screen or its equal of at least 16
				  meshes per linear inch.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.13 - Forensic Residential Centers (FRCs) › Section 10.07.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth requirements for a facility to be
					 licensed as a forensic residential center.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.13 - Forensic Residential Centers (FRCs) › Section 10.07.13.02 - 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) "Confined" means an order by the court
				  pursuant to Criminal Procedure Article, §
											3-106(d)(2),
				  Annotated Code of Maryland.
(2)
				  "Court-ordered evaluation" means an evaluation ordered by the court under
				  Criminal Procedure Article, §§
											3-105 and
				  3-111, Annotated
				  Code of Maryland, to assist the court to determine if an individual is
				  incompetent to stand trial or is not criminally responsible because of mental
				  retardation.
(3) "Department" means
				  the Department of Health and Mental Hygiene.
(4) "Evaluation unit" means a part of the
				  forensic residential center dedicated to performing court-ordered evaluations
				  pursuant to Criminal Procedure Article, Title 3, Annotated Code of
				  Maryland.
(5) "Forensic residential
				  center (FRC)" means a facility that is:
(a)
				  Licensed to provide a continuum of integrative services to individuals with an
				  intellectual disability:
(i) Ordered by the
				  court for an evaluation or to be confined;
(ii) Court-committed for care or treatment to
				  the Department as incompetent to stand trial or not criminally responsible, who
				  are dangerous as a result of mental retardation; or
(iii) On conditional release and returned to
				  the facility either voluntarily or on hospital warrant;
(b) A related institution as defined in
				  Health-General Article, §19-301(o), Annotated Code of Maryland;
				  and
(c) Not an extended care or
				  comprehensive rehabilitation facility.
(6) "Incompetent to stand trial (IST)" has
				  the meaning set forth in Criminal Procedure Article, §
											3-101(f),
				  Annotated Code of Maryland.
(7)
				  "Not criminally responsible (NCR)" means a verdict of not criminally
				  responsible as set forth in Criminal Procedure Article, §
											3-109, Annotated
				  Code of Maryland.
(8) "Qualified
				  developmental disabilities professional (QDDP)" means an individual who
				  coordinates and monitors the delivery of services for individuals with an
				  intellectual disability.
(9)
				  "Therapeutic care unit" means an FRC or part of an FRC dedicated to providing
				  care or treatment to individuals who are court-committed or confined.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.13 - Forensic Residential Centers (FRCs) › Section 10.07.13.03 - Licensing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary shall license an FRC that meets the requirements of this
				  chapter.
B. The license for an FRC
				  shall be effective for 1 year.
C.
				  The Secretary may renew the license of an FRC if it continues to meet the
				  requirements of this chapter.
D.
				  Approval, Denial, Revocation, and Sanctions.
(1) The Secretary may deny an application,
				  suspend, revoke, or impose disciplinary sanctions on the license of an FRC if
				  it fails to comply with the requirements of this chapter.
(2) Any action to deny an application,
				  suspend, revoke, or impose sanctions on a license shall be governed by COMAR
				  10.22.03.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.13 - Forensic Residential Centers (FRCs) › Section 10.07.13.04 - Administrative Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  addition to the requirements of this chapter, an FRC shall comply with the
				  applicable requirements of COMAR 10.22.02.
B. Safety and Sanitation.
(1) An FRC's grounds, fixtures, and equipment
				  shall:
(a) Be maintained in good repair and be
				  clean and attractive;
(b) Be free
				  of unnecessary accumulations of personal property or debris;
(c) Be free of hazards, insects, and rodents;
				  and
(d) Be free from fire
				  hazards.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.13 - Forensic Residential Centers (FRCs) › Section 10.07.13.05 - Enrollment, Release, and Discharge

Current through Register Vol. 51, No. 14, July 12, 2024
A. All individuals in an FRC are ordered or
				  committed by the court to the Department, or under the court's jurisdiction
				  pursuant to an order of conditional release as set forth in Criminal Procedure
				  Article, Title 3, Annotated Code of Maryland.
B. An individual on conditional release who
				  voluntarily agrees to admission to a therapeutic care unit shall be admitted as
				  set forth in the conditional release order.
C. Release From an FRC.
(1) Individuals court ordered for evaluation
				  shall be released from the evaluation unit as set forth in Criminal Procedure
				  Article, §
											3-105 or
				  3-111, Annotated
				  Code of Maryland.
(2) Individuals
				  committed as IST or NCR shall be released as set forth in Criminal Procedure
				  Article, Title 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.13 - Forensic Residential Centers (FRCs) › Section 10.07.13.06 - Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Services
				  provided by an FRC shall include:
(1) As set
				  forth in Criminal Procedure, Title 3, Annotated Code of Maryland, all required
				  evaluations and reports; and
(2)
				  Therapeutic services designed to prepare the individual for productive
				  community living, that address issues of dangerousness, and are based on an
				  interdisciplinary team assessment considering least restrictive interventions,
				  include but are not limited to:
(a) For
				  individuals committed as IST, competency attainment services; and
(b) For all individuals, services as set
				  forth in the Individual Plan and, as clinically appropriate, therapeutic
				  services include, but are not limited to:
(i)
				  Behavioral and mental health plans and services;
(ii) Physical, speech, and occupational
				  therapies;
(iii) Habilitation
				  services including vocational, educational, and life skills training;
				  or
(iv) Development of an aftercare
				  or services plan.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to set minimum, reasonable
					 standards for licensure of assisted living programs in Maryland. This chapter
					 is intended to maximize independence and promote the principles of
					 individuality, personal dignity, freedom of choice, and fairness for all
					 individuals residing in assisted living programs while establishing reasonable
					 standards to promote individuals' health and safety.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.02 - 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) Abuse of a Resident.
(a) "Abuse of a resident" means physical,
				  sexual, mental, or verbal abuse, or the improper use of physical or chemical
				  restraints or involuntary seclusion as those terms are defined in this
				  regulation.
(b) "Abuse of a
				  resident" does not include:
(i) The
				  performance of an accepted medical procedure ordered by a physician or
				  administered by another health care practitioner practicing within the scope of
				  the physician or health care practitioner's license; or
(ii) Compliance with a valid advance
				  directive.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.03 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, the following documents are incorporated
					 by reference:
A. Maryland's Assisted
				  Living Resident Assessment and Level of Care Scoring Tool, DHMH Form #4506,
				  November 2006, Maryland Department of Health and Mental Hygiene, Office of
				  Health Care Quality;
B. Maryland
				  Assisted Living Program Uniform Disclosure Statement, DHMH Form # 4662,
				  November 2006, Maryland Department of Health and Mental Hygiene, Office of
				  Health Care Quality;
C. 42 CFR
				  §§ 484.18, 484.30, and 484.32 ;
D. Guidelines for Preventing the Transmission
				  of Mycobacterium Tuberculosis in Health-Care Facilities, which is incorporated
				  by reference in COMAR
				  10.07.02.01E
				  -1;
E. The Life Safety Code, NFPA 101, which is
				  incorporated by reference in COMAR 29.06.01; and
F. The State Fire Prevention Code, which is
				  incorporated by reference in COMAR 29.06.01.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.04 - License Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  person may not operate an assisted living program in this State without
				  obtaining a license from the Secretary and complying with the requirements of
				  this chapter.
B. Providing housing
				  under a landlord-tenant arrangement does not, in and of itself, exclude a
				  person from the licensure requirements of this chapter.
C. Separate Licenses Required. Separate
				  licenses are required for assisted living programs that are maintained on the
				  same or separate premises, even though the programs are operated by the same
				  person.
D. The Secretary shall
				  issue a license for a specified number of beds and a specified level of care. A
				  licensee may not provide services beyond its licensed authority.
E. The Secretary may issue a joint license
				  with a local health department under this chapter.
F. Posting of License. An assisted living
				  program shall conspicuously post its license at the facility.
G. Failure to comply with this chapter and
				  any other applicable State and local laws and regulations is grounds for
				  sanctions, as specified in Regulations .56-.64 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.05 - Levels of Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee
				  may provide:
(1) The level of care for which
				  the assisted living program has been approved; and
(2) Any lower level of care.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.06 - Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nomenclature
				  about Additional Appropriate Licensure. An assisted living program licensed
				  under this chapter may not use in its title or advertising the words
				  "hospital", "sanitarium", "nursing", "convalescent", "rehabilitative",
				  "sub-acute", or "hospice".
B.
				  Advertising.
(1) Prohibited Terms. A person
				  operating an assisted living program may not use the term "assisted living" in
				  its advertising without being licensed as an assisted living program by the
				  Department.
(2) Misleading or False
				  Advertising.
(a) A person may not advertise,
				  represent, or imply to the public that an assisted living program is authorized
				  to provide a service that the program is not licensed, certified, or otherwise
				  authorized by the Department to provide when the license, certificate, or
				  authorization is required under this chapter.
(b) A person may not advertise an assisted
				  living program in a misleading or fraudulent manner.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.07 - Licensing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application for License.
(1) To obtain and
				  maintain a license, an applicant shall meet all of the requirements of:
(a) This chapter;
(b) Other applicable federal, State, and
				  local laws and regulations; and
(c)
				  Health-General Article, §19-311, Annotated Code of Maryland, if the
				  program provides services to 17 or more residents.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.08 - Changes in a Program that Affect the Operating License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Increase in Capacity or Name Change.
(1) During the license period, a licensee may
				  not increase capacity, change its name, or change the name under which the
				  program is doing business, without the Department's approval. When there is a
				  change of program ownership or a change of location, the licensee shall submit
				  a new application and written request for a new license and an application fee,
				  as established in Regulation .07A(3) of this chapter to the
				  Department.
(2) Sale, Transfer, or
				  Lease of a Facility.
(a) If a sale, transfer,
				  or lease of a facility causes a change in the person or persons who control or
				  operate the assisted living program, the assisted living program shall be
				  considered a new program and the licensee shall apply for a new license and
				  conform to all regulations applicable at the time of transfer of
				  operations.
(b) The transfer of any
				  stock which results in a change of the person or persons who control the
				  program or the transfer of any stock in excess of 25 percent of the outstanding
				  stock, constitutes a sale.
(c) For
				  the purposes of Life Safety Code enforcement the program is considered an
				  existing facility if it has been in continuous use as an assisted living
				  program.
(3) The
				  Department shall issue a new license on approval of:
(a) A change in licensure capacity;
(b) A change in the name of the
				  licensee;
(c) A change in the name
				  under which the program is doing business; or
(d) A change in the level of care
				  provided.
(4) The
				  licensee shall return its original license to the Department by certified
				  mail.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.09 - Licensure Standards Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department may grant an assisted living program a waiver from the licensure
				  requirements of this chapter with, or without, conditions.
B. The Department may not, however, grant a
				  waiver from the requirements of Regulation .22I of this chapter. If, however,
				  two individuals having a long-term or otherwise significant relationship wish
				  to be admitted to a program in order to reside in the program together, and one
				  of the individuals requires care as defined in Regulation .22I of this chapter,
				  the Department may grant a waiver consistent with the process established in
				  Regulation .22 of this chapter.
C.
				  Application for Licensure Standards Waiver.
(1) A licensee shall submit a request for a
				  waiver under this regulation on a form developed by the Department.
(2) The requestor shall provide in writing:
(a) The regulation from which a waiver is
				  sought;
(b) The reason the licensee
				  is unable to comply with the regulation;
(c) The reason that compliance with the
				  regulation will impose a substantial hardship; and
(d) The reason that a waiver will not
				  adversely affect residents.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.10 - Uniform Disclosure Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  When an assisted living program changes the services reported on its Uniform
				  Disclosure Statement filed with the Office of Health Care Quality under
				  Regulation .07A(2)(b) of this chapter, the program shall file an amended
				  Uniform Disclosure Statement with the Office within 30 days of the change in
				  services.
B. If an individual
				  requests a copy of an assisted living program's Uniform Disclosure Statement,
				  the assisted living program shall provide a copy of the Uniform Disclosure
				  Statement on a form provided by the Department without cost to the individual
				  making the request.
C. An assisted
				  living program shall provide a copy of the current Uniform Disclosure Statement
				  to individuals as part of the program's marketing materials.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.11 - Investigation by Department

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Assisted Living Program to Be Open for Inspection.
(1) An assisted living program operated by a
				  licensee, and any premises proposed to be operated as an assisted living
				  program, shall be open at all times to announced or unannounced inspections by
				  the Department and by any agency designated by the Department.
(2) Any part of the facility, and any
				  surrounding accessory buildings which may be entered by staff or residents, are
				  considered part of the facility and are subject to inspection.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.12 - Compliance Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall be responsible for monitoring and inspecting assisted living
				  programs to ensure compliance with the regulatory requirements of this
				  chapter.
B. Consistent with an
				  interagency agreement, the Department may delegate certain aspects of its
				  monitoring, inspection, or waiver responsibilities to the Department of Aging
				  or a local health department.
C.
				  The Department or its designee may conduct announced or unannounced licensure
				  or complaint investigation visits.
D. An assisted living program shall be
				  surveyed on-site, at least annually. The Department may extend the time between
				  surveys to up to 15 months if it determines that a licensee has demonstrated
				  satisfactory compliance with this chapter.
E. The Department, or those agencies
				  delegated responsibility under this regulation, may inspect an assisted living
				  program more frequently than annually through follow-up surveys, if it is
				  considered necessary to ensure compliance with this chapter or for the purpose
				  of investigating a complaint.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.13 - Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Quality
				  Assurance.
(1) The assisted living program
				  shall develop and implement a quality assurance plan.
(2) Quality Assurance Plan.
(a) The assisted living manager and the
				  delegating nurse shall meet at least every 6 months to review the:
(i) Change in status of the program's
				  residents;
(ii) Outcomes of
				  pharmacy reviews;
(iii) Service
				  plan requirements; and
(iv) Written
				  recommendations or findings of the consultant pharmacist, as required by
				  Regulation .29J of this chapter.
(b) The assisted living manager shall
				  document the proceedings of the meeting referred to in §A(2)(a) of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.14 - Staffing Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. Following an
				  analysis of the number of residents that the assisted living program intends to
				  serve and the individual needs of each resident, the licensee shall develop a
				  staffing plan that identifies the type and number of staff needed to provide
				  the services required by this chapter.
B. The staffing plan shall include on-site
				  staff sufficient in number and qualifications to meet the 24-hour scheduled and
				  unscheduled needs of the residents. When a resident is in the facility, a staff
				  member shall be present.
C. Awake
				  Overnight Staff. An assisted living program shall provide awake overnight staff
				  when a resident's assessment using the Resident Assessment Tool, as provided in
				  Regulation .21A or .26B of this chapter, indicates that awake overnight staff
				  is required according to instructions on that tool. If a physician or assessing
				  nurse, in the physician's or nurse's clinical judgment, does not believe that a
				  resident requires awake overnight staff, the physician or assessing nurse shall
				  document the reasons in the area provided in the Resident Assessment Tool. The
				  licensee shall retain this documentation in the resident's record.
D. Electronic Monitoring Systems.
(1) Upon the written recommendation of the
				  resident's physician or assessing nurse, the assisted living program may apply
				  to the Department for a waiver in accordance with Regulation .09 of this
				  chapter to use an electronic monitoring system instead of awake overnight
				  staff.
(2) If an electronic
				  monitoring system is approved by the Department for the assisted living program
				  to use, the licensee shall document the approval of the electronic monitoring
				  system in the area provided on the Resident Assessment Tool.
(3) When a resident is assessed or reassessed
				  using the Resident Assessment Tool, as provided in Regulation .21A or .26B of
				  this chapter, the physician or assessing nurse shall review and document:
(a) The need for awake overnight staff if the
				  resident's previous assessment or review of an assessment indicated awake
				  overnight staff was not necessary at the time; and
(b) The continued appropriateness of a waiver
				  to use an approved electronic monitoring system instead of awake overnight
				  staff.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.15 - Assisted Living Manager

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Qualifications.
(1) The assisted living
				  manager shall at a minimum:
(a) Be 21 years
				  old or older;
(b) Possess a high
				  school diploma, a high school equivalency diploma, or other appropriate
				  education and have experience to conduct the responsibilities specified in
				  §C of this regulation;
(c) For
				  level 3 licensed programs, have:
(i) A 4-year,
				  college-level degree;
(ii) 2 years
				  experience in a health care related field and 1 year of experience as an
				  assisted living program manager or alternate assisted living manager;
				  or
(iii) 2 years experience in a
				  health care related field and successful completion of the 80-hour assisted
				  living manager training program;
(d) Be free from tuberculosis in a
				  communicable form in accordance with Guidelines for Preventing the Transmission
				  of Mycobacterium Tuberculosis in Health-Care Facilities (that is, tuberculin
				  skin testing (TST) upon hire or annual sign/symptom screen for those
				  individuals with previous positive TST);
(e) Be immune to measles, mumps, rubella, and
				  varicella as evidenced by history of disease or vaccination;
(f) Have no criminal convictions or other
				  criminal history that indicates behavior that is potentially harmful to
				  residents, documented through either a criminal history records check or a
				  criminal background check completed within 1 month before employment;
(g) Have sufficient skills, training, and
				  experience to serve the residents in a manner that is consistent with the
				  philosophy of assisted living;
(h)
				  Have verifiable knowledge in:
(i) The health
				  and psychosocial needs of the population being served;
(ii) The resident assessment
				  process;
(iii) Use of service
				  plans;
(iv) Cuing, coaching, and
				  monitoring residents who self-administer medications, with or without
				  assistance;
(v) Providing
				  assistance with ambulation, personal hygiene, dressing, toileting, and feeding;
				  and
(vi) Resident rights;
(i) Receive initial and annual
				  training in:
(i) Fire and life
				  safety;
(ii) Infection control,
				  including standard precautions;
(iii) Emergency disaster plans; and
(iv) Basic food safety; and
(j) Receive initial certification
				  and recertification, when required for:
(i)
				  Basic first aid by a certified first aid instructor; and
(ii) Basic cardiopulmonary resuscitation
				  (CPR) by a certified CPR instructor.