Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.10 - Home Health Agencies › Section 10.07.10.04 - General Licensure Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person, partnership, corporation, or
				  association, or any State or local government or agency thereof, may not
				  conduct, operate, or maintain a home health agency in the State without being
				  licensed by the Department. A license is valid for 1 year from the date of
				  issuance, unless revoked by the Secretary.
B. Application for License. An agency
				  desiring to conduct, operate, or maintain a home health agency in the State
				  shall file an application with the Secretary, on a written or electronic form
				  provided by the Secretary.
C.
				  Renewal of License. An agency shall file an application on the written or
				  electronic form provided by the Secretary for renewal of the license at least
				  60 days before expiration of the issued license and submit it on forms provided
				  by the Secretary.
D. The home
				  health agency shall:
(1) Demonstrate
				  compliance with all applicable federal, State, and local laws and regulations,
				  including the requirement of Health-General Article, Title 19, Subtitle 1,
				  Annotated Code of Maryland.
(2)
				  Provide liability insurance to cover all employees. The agency shall also
				  ensure that its contractual persons possess appropriate liability
				  protection.
(3) Maintain records as
				  determined by the Department and make the records available to the Department
				  upon request.
(4) Accept patients
				  for skilled care only on the signed order of a physician, obtained within 28
				  days after acceptance.
(5) Contact
				  a physician to obtain a signed order as soon as possible, but not later than 10
				  days after acceptance of a patient for skilled care, and record all efforts to
				  contact the physician.
(6) Adopt
				  procedures for the administration of drugs and biologicals which shall include:
(a) The administration of treatment
				  modalities, including any intravenous procedures, chemotherapy, parenteral
				  feedings, and injections;
(b) The
				  assurance of 24-hour-a-day availability of care for the hours during the
				  administration of intravenous medications and nutritional support;
(c) The administration of drugs and
				  treatments only by the following licensed agency staff:
(i) Physician,
(ii) Registered nurse, or
(iii) Licensed practical nurse if the drugs
				  or treatments are administered under the supervision of a registered nurse in
				  accordance with the physician's plan of treatment, and in accordance with a
				  plan of care developed by a registered nurse;
(d) Minimum training in keeping with
				  applicable law for staff who administer drugs and treatments;
(e) Drugs and treatments to be administered
				  only as ordered by the physician;
(f) Documentation in the patient's medical
				  record of medications administered and any medication errors, adverse drug
				  reactions, and corrective actions;
(g) If the agency provides to any patient
				  controlled drugs as described in Criminal Law Article, Title 5, Subtitle 4,
				  Annotated Code of Maryland, written policies and procedures governing the
				  disposal of controlled drugs in accordance with applicable federal and State
				  laws and regulations.
(7) Have services available at least 8 hours
				  a day, 5 days a week, and available on an emergency basis 24 hours a day, 7
				  days a week by:
(a) Establishing a procedure
				  by which any patient may contact a representative of the agency at any time by
				  telephone;
(b) Ensuring that the
				  person receiving patient calls is able to contact a registered nurse
				  immediately, but not later than 1/2 hour after receipt of a patient's call;
				  and
(c) Ensuring that the
				  registered nurse:
(i) Assesses the patient's
				  needs; and
(ii) In emergency
				  situations, renders immediate care to the patient, or causes the patient to be
				  treated by an appropriate health care provider.