reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.16 - Assisted Living Managers - Training Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the requirements in
				  Regulation .15 of this chapter, by January 1, 2006, an assisted living manager
				  of a program that is licensed for five beds or more shall complete a manager
				  training course that is approved by the Department.
B. The completed manager's training course
				  shall:
(1) Consist of at least 80 hours of
				  course work and include an examination;
(2) Consist of training programs that include
				  direct participation between faculty and participants; and
(3) Include not more than 25 hours of
				  training through Internet courses, correspondence courses, tapes, or other
				  training methods that do not require direct interaction between faculty and
				  participants.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.17 - Assisted Living Manager Training - Basic Courses

Current through Register Vol. 51, No. 14, July 12, 2024
A. The assisted living manager's training
				  shall include the following courses:
(1)
				  Philosophy of assisted living, 2 hours, including:
(a) Philosophy and background of assisted
				  living and aging in place;
(b)
				  Objectives and principles of assisted living resident programs;
(c) Comparison of assisted living to other
				  residential programs;
(d) Basic
				  concepts of choice, independence, privacy, individuality, and dignity;
				  and
(e) Normalization of the
				  environment;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.18 - Alternate Assisted Living Manager

Current through Register Vol. 51, No. 14, July 12, 2024
An alternate individual shall:
A. Be available to assume the
				  responsibilities described in Regulation .15C(2)(a)-(l) of this chapter when
				  the assisted living manager is not available;
B. Be 21 years old or older;
C. Have 2 years of experience in a
				  health-related field; and
D. Meet
				  the qualifications of Regulation .19B(2)-(8) 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 10.07.14.19 - Other Staff - Qualifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The licensee shall employ or contract with
				  sufficient numbers of other staff to ensure that the assisted living program is
				  capable of meeting the requirements of this chapter, and all other applicable
				  laws and regulations, in a manner consistent with the philosophy of assisted
				  living and in compliance with generally accepted standards of care for the
				  specific conditions of the residents the assisted living program intends to
				  serve.
B. Qualifications of Other
				  Staff. At a minimum, all other staff shall:
(1) Be 18 years old or older unless licensed
				  as a nurse or the age requirement is waived by the Department for good cause
				  shown;
(2) As evidenced by a
				  physician's statement be free from:
(a)
				  Tuberculosis, measles, mumps, rubella, and varicella through appropriate
				  screening procedures such as tuberculosis skin tests, positive disease
				  histories, or antibody serologies; and
(b) Any impairment which would hinder the
				  performance of assigned responsibilities;
(3) Have no criminal convictions or criminal
				  history that indicates behavior that is potentially harmful to residents, as
				  evidenced through a criminal background check completed within 30 days before
				  employment;
(4) Have sufficient
				  skills, education, training, and experience to serve the residents in a manner
				  that is consistent with the philosophy of assisted living;
(5) Participate in an orientation program and
				  ongoing training to ensure that the residents receive services that are
				  consistent with their needs and generally accepted standards of care for the
				  specific conditions of those residents to whom staff will provide
				  services;
(6) Receive initial and
				  annual training in:
(a) Fire and life safety,
				  including the use of fire extinguishers;
(b) Infection control, including standard
				  precautions, contact precautions, and hand hygiene;
(c) Basic food safety;
(d) Emergency disaster plans; and
(e) Basic first aid by a certified first aid
				  instructor;
(7) Have
				  training or experience in:
(a) The health and
				  psychosocial needs of the population being served as appropriate to their job
				  responsibilities;
(b) The resident
				  assessment process;
(c) The use of
				  service plans; and
(d) Resident's
				  rights; and
(8) Hold
				  appropriate licensure or certification as required by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.20 - Delegating Nurse

Current through Register Vol. 51, No. 14, July 12, 2024
A. The assisted
				  living program shall have a current and signed agreement with a registered
				  nurse for services of a delegating nurse and delegation of nursing tasks. If
				  the delegating nurse is an employee of the assisted living program, the
				  employee's job description may satisfy this requirement.
B. The program shall maintain documentation
				  that the delegating nurse has completed the mandatory training course developed
				  by the Board of Nursing.
C. Duties.
				  The delegating nurse shall:
(1) Be on-site to
				  observe each resident at least every 45 days;
(2) Be available on call as required under
				  this chapter or have a qualified alternate delegating nurse available on call;
				  and
(3) Have the overall
				  responsibility for:
(a) Managing the clinical
				  oversight of resident care in the assisted living program;
(b) Issuing nursing or clinical orders, based
				  upon the needs of residents;
(c)
				  Reviewing the assisted living manager's assessment of residents;
(d) Appropriate delegation of nursing tasks;
				  and
(e) Notifying the OHCQ:
(i) If the delegating nurse's contract or
				  employment with the assisted living program is terminated; and
(ii) Of the reason why the contract or
				  employment was terminated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.21 - Preadmission Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  Move In.
(1) Before admission the assisted
				  living manager or designee shall determine whether:
(a) The resident may be admitted under the
				  assisted living program's licensure category; and
(b) The resident's needs can be met by the
				  program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.22 - Resident-Specific Level of Care Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A licensee may request a resident-specific waiver to continue to provide
				  services to a resident if:
(1) The resident's
				  level of care exceeds the level of care for which the licensee has authority to
				  provide; or
(2) The resident would
				  require care that falls into one of the categories set forth in §I 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 10.07.14.23 - Admission Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
If an assisted living program requires payment of funds
					 before admission, the funds shall be fully refundable unless the assisted
					 living program discloses, in writing, what portion is not
					 refundable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.24 - Resident Agreement - General Requirements and Nonfinancial Content

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  otherwise provided under §E of this regulation, for a person admitted for
				  other than short-term residential care, the resident or the resident's agent
				  and the assisted living manager shall sign, before or at the time of admission,
				  a resident agreement that:
(1) Is a clear and
				  complete reflection of commitments agreed to by the parties, and the actual
				  practices that will occur in the assisted living program;
(2) Is accurate, precise, easily understood,
				  legible, readable, and written in plain English;
(3) Conforms to all relevant State and local
				  laws and requirements; and
(4)
				  Recommends review of the agreement by an attorney or other representative
				  chosen by the resident.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.25 - Resident Agreement - Financial Content

Current through Register Vol. 51, No. 14, July 12, 2024
A. The resident agreement shall include
				  financial provisions, which include at a minimum:
(1) Obligations of the licensee and the
				  resident, or the resident's agent, as to:
(a)
				  Handling the finances of the resident;
(b) The purchase or rental of essential or
				  desired equipment and supplies;
(c)
				  Arranging and contracting for services not covered by the resident
				  agreement;
(d) Ascertaining the
				  cost of and purchasing durable medical equipment; and
(e) Disposition of resident property upon
				  discharge or death of the resident; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.26 - Service Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. The assisted
				  living manager, or designee, shall ensure that all services are provided in a
				  manner that respects and enhances the dignity, privacy, and independence of
				  each resident. A service plan for each resident shall be developed in a manner
				  that enhances the principles of dignity, privacy, resident choice, resident
				  capabilities, individuality, and independence without compromising the health
				  or reasonable safety of other residents.
B. Assessment of Condition.
(1) The resident's service plan shall be
				  based on assessments of the resident's health, function, and psychosocial
				  status using the Resident Assessment Tool.
(2) A full assessment of the resident shall
				  be completed:
(a) Within 48 hours but not
				  later than required by nursing practice and the patient's condition after:
(i) A significant change of condition;
				  and
(ii) Each nonroutine
				  hospitalization; and
(b)
				  At least annually.
(3)
				  When the delegating nurse determines in the nurse's clinical judgment that the
				  resident does not require a full assessment within 48 hours, the delegating
				  nurse shall:
(a) Document the determination
				  and the reasons for the determination in the resident's record; and
(b) Ensure that a full assessment of the
				  resident is conducted within 7 calendar days.
(4) A review of the assessment shall be
				  conducted every 6 months for residents who do not have a change in condition.
				  Further evaluation by a health care practitioner is required and changes shall
				  be made to the resident's service plan, if there is a score change in any of
				  the following areas:
(a) Cognitive and
				  behavioral status;
(b) Ability to
				  self-administer medications; and
(c) Behaviors and communication.
(5) If the resident's previous
				  assessment did not indicate the need for awake overnight staff, each full
				  assessment or review of the full assessment shall include documentation as to
				  whether awake overnight staff is required due to a change in the resident's
				  condition.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.27 - Resident Record or Log

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  assisted living manager shall ensure that an individual record or log is
				  maintained at the facility for each resident in a manner that ensures security
				  and confidentiality, and which includes at a minimum:
(1) The documentation required by Regulations
				  .21 and .26 of this chapter;
(2)
				  Medical orders;
(3) Rehabilitation
				  plans, if appropriate;
(4) The
				  service plan;
(5) Care notes as
				  indicated in §D of this regulation; and
(6) The emergency data sheet as described in
				  Regulation .33D 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 10.07.14.28 - Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Meals.
(1) The assisted living manager shall ensure
				  that:
(a) A resident is provided three meals
				  in a common dining area and additional snacks during each 24-hour period, 7
				  days a week;
(b) Meals and snacks
				  are well-balanced, varied, palatable, properly prepared, and of sufficient
				  quality and quantity to meet the daily nutritional needs of each resident with
				  specific attention given to the preferences and needs of each
				  resident;
(c) All food is prepared
				  in accordance with all State and local sanitation and safe food handling
				  requirements;
(d) Food preparation
				  areas are maintained in accordance with all State and local sanitation and safe
				  food handling requirements; and
(e)
				  Residents have access to snacks or food supplements during the evening
				  hours.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.29 - Medication Management and Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. All staff who administer medications to
				  residents shall have completed the medication administration course that is
				  taught by a registered nurse who is approved by the Maryland Board of
				  Nursing.
B. The assisted living
				  manager shall document completion of the medication technician training in the
				  personnel file or other readily available record of each unlicensed staff
				  member who administers medications.
C. All medications shall be administered
				  consistent with applicable requirements of COMAR 10.27.11.
D. An assisted living manager shall ensure
				  that the resident's initial assessment process identifies whether a resident:
(1) Is capable of self-administration of
				  medication;
(2) Is capable of
				  self-administration of medication, but requires a reminder to take medications
				  or physical assistance with opening and removing medications from the
				  container, or both; or
(3) Requires
				  that medications be administered by the assisted living program staff or by a
				  spouse or domestic partner of the resident in accordance with §F 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 10.07.14.30 - Alzheimer's Special Care Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Written Description. At the time of initial licensure, an assisted living
				  program with an Alzheimer's special care unit shall submit to the Department a
				  written description of the special care unit using a disclosure form adopted by
				  the Department. The description shall explain how:
(1) The form of care and treatment provided
				  by the Alzheimer's unit is specifically designed for the specialized care of
				  individuals diagnosed with Alzheimer's disease or a related dementia;
				  and
(2) The care in the special
				  care unit differs from the care and treatment provided in the nonspecial care
				  unit.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.31 - Incident Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Staff of the
				  assisted living program shall complete an incident report within 24 hours of
				  having knowledge that an incident, as defined in Regulation .02B(35) of this
				  chapter, occurred.
B. The assisted
				  living program shall make incident reports available on the premises to the
				  Department and any government agency designated by the Department.
C. All incident reports shall include:
(1) Time, date, place, and individuals
				  present;
(2) Complete description
				  of the incident;
(3) Response of
				  the staff at the time; and
(4)
				  Notification, including notification to the:
(a) Resident, or if appropriate the
				  resident's representative;
(b)
				  Resident's physician, if appropriate;
(c) Program's delegating nurse;
(d) Licensing or law enforcement authorities,
				  when appropriate; and
(e) Follow-up
				  activities, including investigation of the occurrence and steps to prevent its
				  reoccurrence.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.32 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The assisted
				  living program shall maintain a resident's record for 5 years after the
				  resident is discharged.
B. If an
				  assisted living program ceases operation, the assisted living program shall
				  make arrangements to retain records as required by §A of this
				  regulation.
C. An assisted living
				  program shall:
(1) Maintain the privacy and
				  confidentiality of a resident's medical records;
(2) Release medical records or medical
				  information about a resident only with the consent of the resident or
				  resident's representative, or as permitted by Health-General Article, Title 4,
				  Subtitle 3, Annotated Code of Maryland; and
(3) Maintain and dispose of a resident's
				  medical records in accordance with Health-General Article, Title 4, Subtitle 3,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.33 - Relocation and Discharge

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Relocation within the Facility.
(1) The
				  assisted living program may not relocate a resident within the facility except
				  in accordance with the terms and conditions of the resident
				  agreement.
(2) An assisted living
				  program shall notify a resident and the resident's representative at least 5
				  days before a nonemergency relocation within the facility and obtain the
				  consent of the resident or resident's representative.
(3) A licensee shall document in the
				  resident's record how the requirements of this regulation have been
				  met.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.34 - Resident's Representative

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  assisted living program shall recognize the authority of:
(1) A guardian of the person under Estates
				  and Trusts Article, §
											13-705, Annotated
				  Code of Maryland;
(2) A guardian of
				  the property under Estates and Trusts Article, §
											13-201, Annotated
				  Code of Maryland;
(3) An advance
				  directive that meets the requirements of Health-General Article, §5-602,
				  Annotated Code of Maryland;
(4) A
				  surrogate decision maker with authority under Health-General Article,
				  §5-605, Annotated Code of Maryland;
(5) A power of attorney that meets the
				  requirements of Estates and Trusts Article, §
											13-601, Annotated
				  Code of Maryland;
(6) A
				  representative payee or other similar fiduciary; or
(7) Any other person, if that person was
				  designated by a resident who was competent at the time of designation, and the
				  resident or representative has provided the assisted living program with
				  documentation of the designation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.36 - Abuse, Neglect, and Financial Exploitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An assisted living program shall develop
				  and implement policies and procedures prohibiting abuse, neglect, and financial
				  exploitation of residents.
B. An
				  assisted living program may not knowingly employ an individual who has any
				  criminal conviction 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.
C. Reports of Abuse, Neglect, or Financial
				  Exploitation.
(1) A licensee or employee of
				  an assisted living program who has witnessed, or otherwise has reason to
				  believe, that a resident has been subjected to abuse, neglect, or financial
				  exploitation shall report the alleged abuse, neglect, or exploitation within 24
				  hours to:
(a) The appropriate local
				  department of social services, Adult Protective Services Program; and
(b) One or more of the following:
(i) A local law enforcement agency;
(ii) The Office of Health Care Quality of the
				  Department;
(iii) A representative
				  of the Long-Term Care Ombudsman Program in the Department of Aging or local
				  area agency on aging.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.37 - Restraints

Current through Register Vol. 51, No. 14, July 12, 2024
A. The resident has
				  the right to be free of restraints used in violation of this chapter.
B. A protective device as defined in
				  Regulation .02B of this chapter is not considered a restraint.
C. Improper Use of Chemicals or Drugs.
				  Chemicals or drugs may not be used for residents in the following ways:
(1) In excessive dose, including duplicate
				  drug therapy;
(2) For excessive
				  duration, without adequate monitoring;
(3) Without adequate indications for its use;
				  or
(4) In the presence of adverse
				  consequences which indicate the dose should be reduced or
				  discontinued.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.38 - Protection of a Resident's Personal Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. A resident may:
(1) Manage the resident's financial affairs;
				  or
(2) Consistent with State law,
				  choose any individual who is willing and able to handle the resident's
				  financial affairs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.39 - Misuse of Resident's Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  person may not misappropriate a resident's assets or income, including spending
				  the resident's assets or income against or without the consent of the resident
				  or, if the resident is unable to consent, the resident's agent.
B. An individual who witnessed, or otherwise
				  has reason to believe, that there has been an abuse of a resident's funds shall
				  make a complaint within 24 hours to the:
(1)
				  Appropriate law enforcement agency;
(2) Office of Health Care Quality of the
				  Department;
(3) The Department of
				  Aging or the local area agency on aging; or
(4) Local offices of the Department of Human
				  Resources or Adult Protective Services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.40 - Approval of Burial Arrangements for Unclaimed Deceased Residents

Current through Register Vol. 51, No. 14, July 12, 2024
A. An assisted
				  living program shall ascertain and document on admission of the resident, or
				  within 14 days of admission any arrangements the resident has made, or wishes
				  to make, with regard to burial, including but not limited to:
(1) Financial;
(2) Religious;
(3) Name of preferred funeral director, if
				  any; and
(4) The name, address, and
				  relationship of any person who has agreed to claim the body of the resident or
				  who has agreed to assume funeral or burial responsibility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.41 - General Physical Plant Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The facility, which includes buildings,
				  common areas, and exterior grounds, shall be kept:
(1) In good repair;
(2) Clean;
(3) Free of any object, material, or
				  condition that may create a health hazard, accident, or fire;
(4) Free of any object, material, or
				  condition that may create a public nuisance; and
(5) Free of insects and rodents.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.42 - Water Supply

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approved
				  Source. A facility shall be served by water from an approved public water
				  supply. If an approved public water supply is not available, a private water
				  supply may be accepted if it is approved by the local jurisdiction in which the
				  program is located or a private certified vendor to be submitted with an
				  initial or renewal licensure application.
B. Adequacy. The water supply shall be
				  adequate in quantity and delivered under sufficient pressure to satisfactorily
				  serve all fixtures in the facility.
C. Hot Water Temperature. Hot water
				  accessible to residents shall be blended externally to the hot water generator,
				  by either individual point-of-use control valves of the anti-scald or
				  thermostatic mixing valve type, to a maximum temperature of 120°F and a
				  minimum temperature of 100°F at the fixture.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.43 - Sewage Disposal

Current through Register Vol. 51, No. 14, July 12, 2024
The facility shall be served by an approved public sewage
					 disposal system, if available. If an approved public sewage disposal system is
					 not available, a private sewage disposal system may be accepted if approved by
					 the local jurisdiction in which the program is located.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.44 - Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. The facility
				  shall provide:
(1) Exterior lockable doors
				  and windows; and
(2) An effective
				  automated device or system to alert staff to individuals entering or leaving
				  the building.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.45 - Assist Rails

Current through Register Vol. 51, No. 14, July 12, 2024
A. An assisted
				  living program shall provide assist rails in stairways used by residents and
				  for all toilets, showers, and bathtubs used by residents unless, through a
				  waiver request, the Department determines that the physical abilities of the
				  residents make these devices unnecessary for resident safety.
B. An assisted living program with a licensed
				  capacity of 17 or more beds shall also provide assist rails on both sides of
				  corridors used by residents.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.46 - Emergency Preparedness

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  facility shall comply with:
(1) All applicable
				  local fire and building codes; and
(2) The Life Safety Code, NFPA 101, including
				  Chapter 24 of NFPA 101 if the facility is a one or two family dwelling as
				  defined by NFPA 101.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.47 - Smoking

Current through Register Vol. 51, No. 14, July 12, 2024
A. The assisted
				  living program shall have a written smoking policy that indicates whether or
				  not the program permits smoking.
B.
				  When smoking is permitted, the assisted living program shall:
(1) Establish smoking policies and procedures
				  which are designed to minimize the risk of fire;
(2) Provide in the policies and procedures at
				  least the following:
(a) Prohibit smoking in
				  any hazardous location and in any room or compartment where flammable liquids,
				  combustible gases, or oxygen are used or stored;
(b) Designate smoking areas; and
(c) Provide the smoking areas with ash trays
				  of noncombustible material and safe design; and
(3) Provide smoking areas that comply with
				  COMAR 09.12.23, if the facility is considered an "enclosed work place" as
				  defined in COMAR 09.12.23, including the ventilation requirements set forth in
				  that regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.48 - Common Use Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Multipurpose
				  Space.
(1) The assisted living program shall
				  provide at least 35 square feet of usable multipurpose floor space per licensed
				  bed. Multipurpose space includes:
(a)
				  Dining;
(b) Living; and
(c) Indoor recreational space.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.49 - Resident's Room and Furnishings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Resident Room.
(1) More than two residents
				  may not share a resident room.
(2)
				  An assisted living program shall provide at least 80 square feet of functional
				  space for single occupancy resident rooms and 120 square feet of functional
				  space for double occupancy resident rooms.
(3) Functional space in a resident room does
				  not include the floor area of:
(a) Toilet
				  rooms and bathing facilities;
(b)
				  Closets, wardrobes, bureaus, or lockers;
(c) Entrance vestibules; or
(d) The arc of any door, excluding closet
				  doors, that opens into the room.
(4) A room may not be used as a resident room
				  if:
(a) The only access to the room is through
				  a bathroom or other resident room; or
(b) In order to move from the room to a
				  living room or dining room a person must first go outdoors.
(5) For a program with a licensed
				  capacity of 17 or more beds, a room may not be used as a resident room if in
				  order to move from the room to a living room or dining room, an individual is
				  required to first pass through a kitchen.
(6) Resident rooms shall be for the private
				  use of the assigned resident or residents. A resident's room shall have a
				  latching door and may have a lock on the resident room side of the door at the
				  licensee's option.
(7) If a
				  resident in a double occupancy room requests dividers, curtains, or screens
				  between the beds to ensure privacy, the assisted living program shall furnish
				  them.
(8) A resident shall have
				  access to a mirror either in the resident's room or in the resident's private
				  bathroom, unless a physician documents in the resident's record that access to
				  a mirror would be detrimental to the health of the resident.
(9) A resident's room shall have window
				  shades or their equivalent.
(10)
				  The assisted living program shall provide adequate closet or wardrobe space,
				  conveniently located to allow each resident to keep personal
				  clothing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.50 - Bathrooms for Residents

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Toilets.
(1) An assisted living program shall
				  provide toilets in a separate room or compartment with latching hardware for
				  privacy.
(2) Buildings with one to
				  eight occupants shall have a minimum ratio of one toilet to four
				  occupants.
(3) Buildings with nine
				  or more occupants shall have a minimum ratio of one toilet to four occupants
				  and a minimum of one toilet for each floor on which a resident room is
				  located.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.51 - Illumination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Resident's Room.
(1) An assisted living program shall ensure
				  that a resident's room:
(a) Is lighted by an
				  outside window that:
(i) Contains a glass
				  surface; and
(ii) Has square
				  footage at least equal to 10 percent of the room's required floor
				  area;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.52 - Heating, Ventilation, and Air Conditioning

Current through Register Vol. 51, No. 14, July 12, 2024
A. An assisted living program may not use
				  space heaters unless approved by the State or local fire authorities.
B. Minimum Temperature. The facility shall
				  have a system that provides in areas used by residents a minimum temperature of
				  70°F in cold weather and a maximum temperature of 80°F in hot
				  weather.
C. Temperature Control.
(1) An assisted living program with a
				  licensed capacity of one to eight beds shall provide at least one thermostat
				  per building.
(2) An assisted
				  living program with a licensed capacity of nine or more beds shall provide for
				  each resident's room:
(a) A thermostat;
				  or
(b) An approved mechanical
				  device for modulating a room's temperature, such as adjustable vanes in a hot
				  air vent.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.53 - Radiators

Current through Register Vol. 51, No. 14, July 12, 2024
A. If steam or hot
				  water plumbing reaches a temperature in excess of 130°F or directly powered
				  radiating surfaces are located in areas of the facility that are accessible to
				  residents, the assisted living program shall position or shield the radiating
				  surfaces in a manner to prevent resident contact.
B. The assisted living program shall ensure
				  that the radiator shielding device:
(1)
				  Allows for efficient heat transfer;
(2) Is constructed to minimize vermin
				  harborage;
(3) Is constructed of
				  easily cleanable materials; and
(4)
				  Complies with all State and local fire codes.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.54 - Laundry

Current through Register Vol. 51, No. 14, July 12, 2024
A. An assisted
				  living program shall furnish laundry service, either on-site or
				  off-site.
B. An assisted living
				  program shall ensure that the laundry is:
(1)
				  Adequate to meet the needs of the residents;
(2) Processed and handled in a manner to
				  prevent the spread of infection; and
(3) Adequately sanitized by the use of
				  sufficient hot water or appropriate chemical agents, or a combination of
				  both.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.55 - Telephones

Current through Register Vol. 51, No. 14, July 12, 2024
A. An assisted
				  living program with a licensed capacity of one to eight beds shall provide:
(1) At least one land line telephone for
				  common use; and
(2) A posting next
				  to the telephone that contains the telephone numbers for the local police
				  department, fire department, and relief personnel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.56 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Secretary
				  determines that an assisted living program has violated this chapter, the
				  Secretary, in addition to the sanctions set forth in this chapter may:
(1) Restrict the number of residents the
				  assisted living program may admit in accordance with Health-General Article,
				  §19-328, Annotated Code of Maryland;
(2) Require the assisted living program to
				  reduce the number of residents in care;
(3) Restrict the levels of care for which the
				  assisted living program may provide services;
(4) Require the licensee, and any of its
				  staff, to receive remedial instruction in a specific area;
(5) Require the assisted living program to
				  use the services of a management firm approved by the Department;
(6) Mandate staffing patterns which specify
				  number of personnel, personnel qualifications, or both;
(7) Require the establishment of an escrow
				  account in accordance with Health-General Article, §19-362, Annotated Code
				  of Maryland;
(8) Direct the
				  licensee to correct the violations in a specific manner or within a specified
				  time frame, or both;
(9) Notify, or
				  require the assisted living program to notify, the representative or family of
				  any resident who is affected by the noncompliance;
(10) Increase the frequency of monitoring
				  visits during a specified period of time; or
(11) Enter into an agreement with the
				  licensee establishing certain conditions for continued operation, including
				  time limits for compliance.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.57 - Civil Money Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary may impose a civil money penalty on a person if:
(1) The person maintains or operates an
				  unlicensed assisted living program;
(2) A deficiency or an ongoing pattern of
				  deficiencies exists in the assisted living program; or
(3) The person falsely advertises a program
				  in violation of Regulation .06B(2) 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 10.07.14.58 - Amount of Civil Money Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. A civil money penalty imposed on a person
				  under this chapter may not exceed $10,000 for each offense.
B. In setting the amount of the civil money
				  penalty under this chapter, the Secretary shall consider the following factors:
(1) Nature, number, and seriousness of the
				  deficiencies;
(2) The degree of
				  risk to the health, life, or safety of the residents of the program that is
				  caused by the deficiency or deficiencies;
(3) The efforts made by, and the ability of
				  the program to correct, the deficiency or deficiencies;
(4) Whether the amount of the civil money
				  penalty will jeopardize the financial ability of the program to continue
				  operation as a program; and
(5)
				  Other factors as justice may require.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.59 - Civil Money Penalties - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing on the appeal shall be held
				  consistent with the State Government Article, Title 10, Annotated Code of
				  Maryland.
B. The Secretary shall
				  have the burden of proof with respect to the imposition of the civil money
				  penalties under 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 10.07.14.60 - Criminal Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Operating Without a License.
(1) A person may
				  not knowingly and willfully operate, maintain, or own an assisted living
				  program without a license.
(2) A
				  person who violates §A(1) of this regulation is guilty of a felony and on
				  conviction is subject to:
(a) For a first
				  offense, a fine not exceeding $10,000, imprisonment not exceeding 5 years, or
				  both; and
(b) For a subsequent
				  offense, a fine not exceeding $20,000, imprisonment not exceeding 5 years, or
				  both.
(3) When the
				  Department finds an assisted living program to be in violation of §A(1) of
				  this regulation, the Department shall send written notice to the program 30
				  days before the State files charges under §A(1) of this regulation in
				  order to give the program an opportunity to come into compliance with the
				  licensure requirements.
(4) A
				  person may not be subject to §A(2) of this regulation if the person has:
(a) Applied in good faith to the Department
				  for an assisted living program license;
(b) Is awaiting a decision from the
				  Department regarding the application; and
(c) Has not been denied an assisted living
				  program license on a prior occasion.
(5) In recommending the amount of civil money
				  penalty under §A(2) of this regulation, the State shall consider factors
				  including the:
(a) Nature, number, and
				  seriousness of the violations; and
(b) Ability of the assisted living program to
				  pay the penalty.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.61 - Health Care Quality Account

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The Department shall establish a health care quality account in the Department
				  for assisted living programs.
B.
				  The health care quality account shall be funded by civil money penalties paid
				  by assisted living programs.
C. The
				  Department shall use funds from the health care quality account to improve the
				  quality of care in assisted living programs.
D. Expenditure of funds may include, but is
				  not limited to, the following:
(1) Funding
				  for the establishment and operation of a demonstration project;
(2) A grant award;
(3) Relocation of residents in crisis
				  situations;
(4) Provision of
				  educational programs to assisted living programs, the Office of Health Care
				  Quality, other government, professional, or advocacy agencies, and consumers;
				  and
(5) Any other purpose that will
				  directly improve quality 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 10.07.14.62 - Emergency Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary may immediately suspend a license on finding that the public health,
				  safety, or welfare imperatively requires emergency action.
B. The Department shall deliver a written
				  notice to the assisted living program:
(1)
				  Informing the program of the emergency suspension;
(2) Giving the reasons for the action and the
				  regulation or regulations with which the licensee has failed to comply that
				  forms the basis for the emergency suspension; and
(3) Notifying the assisted living program of
				  its right to request a hearing and to be represented by counsel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.63 - Revocation of License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary, for cause shown, may notify the assisted living program of the
				  Secretary's decision to revoke the assisted living program's license. The
				  revocation shall be stayed if a hearing is requested.
B. The Department shall notify the assisted
				  living program in writing of the following:
(1) The effective date of the
				  revocation;
(2) The reason for the
				  revocation;
(3) The regulations
				  with which the licensee has failed to comply that form the basis for the
				  revocation;
(4) That the assisted
				  living program is entitled to a hearing if requested, and to be represented by
				  counsel;
(5) That the assisted
				  living program shall stop providing services on the effective date of the
				  revocation if the assisted living program does not request a hearing;
(6) That the revocation shall be stayed if a
				  hearing is requested; and
(7) That
				  the assisted living program is required to surrender its license to the
				  Department if the revocation is upheld.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.14 - Assisted Living Programs › Section 10.07.14.64 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request for a
				  hearing shall be filed with the Office of Administrative Hearings, with a copy
				  to the Office of Health Care Quality of the Department, not later than 30 days
				  after receipt of notice of the Secretary's action. 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, Title 10, Subtitle 2, Annotated Code of Maryland, and
				  COMAR 10.01.03 and 28.02.01.
C. The
				  burden of proof is as provided in COMAR
				  10.01.03.28B.
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 provided in COMAR
				  10.01.03.35B.
F. A final decision by the
				  Secretary shall be issued in accordance with COMAR
				  10.01.03.35B.