reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.14 - Resident Grievance System › Section 10.21.14.06 - Grievance Procedure Stage 1: Rights Advisor's Role

Current through Register Vol. 51, No. 14, July 12, 2024
A. Rights Advisor's Investigation and
				  Mediation.
(1) The rights advisor shall
				  respond to the grievance by meeting with:
(a)
				  The grievant;
(b) The individual
				  filing the grievance, if other than the resident;
(c) The grievant's LAP, if involved;
				  and
(d) If applicable, any witness
				  to the incident.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.14 - Resident Grievance System › Section 10.21.14.07 - Grievance Procedure Stage 2: Unit Director's Response

Current through Register Vol. 51, No. 14, July 12, 2024
A. The unit director shall:
(1) Review the rights advisor's
				  report;
(2) Discuss the matter with
				  any individual involved; and
(3)
				  Within 5 working days of receipt of the report, decide whether to:
(a) Accept the rights advisor's report,
				  completely or in part with respect to the facts as found; or
(b) Modify or reject the recommendations made
				  by the rights advisor.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.14 - Resident Grievance System › Section 10.21.14.08 - Grievance Procedure Stage 3: CEO's Review with an Optional Review by the Residents' Rights Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  If the grievant requests a review by the residents' rights committee before the
				  CEO's review, the residents' rights committee shall:
(1) Meet within 15 working days of receipt of
				  the grievance;
(2) Review the
				  information obtained by the rights advisor;
(3) Review information presented by the
				  grievant;
(4) Review the decision
				  of the unit director;
(5) If
				  involved, review information presented by the LAP;
(6) Review all relevant data pertaining to
				  the grievance; and
(7) Forward
				  written recommendations to the CEO.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.14 - Resident Grievance System › Section 10.21.14.09 - Grievance Procedure Stage 4: Central Review Committee Response

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Central
				  Review Committee:
(1) Shall meet within 10
				  working days of receipt of an appeal;
(2) Shall review all prior information
				  concerning the grievance;
(3) May
				  perform an investigation of the grievance which shall be accomplished within 10
				  additional working days; and
(4) At
				  the request of the grievant, may sequester those who are presenting information
				  to the Committee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.14 - Resident Grievance System › Section 10.21.14.10 - Resident Grievance System Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director of the RGS shall ensure that
				  RGS reports:
(1) May not be released to other
				  persons except as provided within this chapter; and
(2) Identify the alleged violations, the
				  decision, and the remedy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.14 - Resident Grievance System › Section 10.21.14.11 - Personnel Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  facility may not place the reports of the RGS in an employee's personnel
				  file.
B. The rights advisor may not
				  be a witness in an agency proceeding against an employee, unless the rights
				  advisor is a first-hand witness to events being reviewed.
C. If allegations are made against an
				  employee:
(1) The rights advisor shall
				  immediately give the employee and the employee's Department head a copy of the
				  information relevant to the allegation; and
(2) Within 5 working days of receipt of the
				  information, the employee shall respond, in writing, to the rights advisor
				  assigned to that facility.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.14 - Resident Grievance System › Section 10.21.14.12 - External Legal Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  chapter does not modify the resident's:
(1)
				  Legal rights;
(2) Access to seek
				  private legal counsel from attorneys not receiving funding for legal assistance
				  from the Department of Health and Mental Hygiene; or
(3) Access to a court.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.15 - Petition for Emergency Evaluation-Payment for Services › Section 10.21.15.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern payment for specific emergency
					 services, as defined in Health-General Article, §10-628, Annotated Code of
					 Maryland, rendered as a direct consequence of a petition for emergency
					 evaluation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.15 - Petition for Emergency Evaluation-Payment for Services › Section 10.21.15.02 - 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) "Consultant" means a physician, licensed
				  by the State, who is not a salaried staff member of the emergency facility and
				  who is authorized by the emergency facility to perform an examination of an
				  emergency evaluee.
(2) "Department"
				  means the Department of Health and Mental Hygiene.
(3) "Designated emergency facility" means a
				  health care organization currently identified by the Department to perform the
				  functions identified in Health-General Article, §10-624, Annotated Code of
				  Maryland, or this chapter, or both.
(4) "Emergency evaluee" means an individual
				  who has been referred to a designated emergency facility on the basis of a
				  petition for emergency evaluation.
(5) "Emergency service" means the service
				  rendered as a direct result of the execution of a valid petition.
(6) "Emergency vehicle" means:
(a) A vehicle operated by a law enforcement
				  officer; or
(b) An ambulance
				  regulated according to COMAR 14.22.01-----14.22.12.
(7) "Examination" means a face-to-face
				  diagnostic interview and examination by a consultant physician that includes a
				  medical history, an assessment of mental status, a neurological examination, an
				  assessment of dangerousness, and a written report outlining the consultant
				  physician's findings and conclusions.
(8) "Inpatient facility" means an inpatient
				  institution that provides evaluation, care, or treatment for individuals who
				  have mental disorders.
(9)
				  "Petition" means a petition for emergency evaluation that is made by an
				  individual who has reason to believe that the emergency evaluee has a mental
				  disorder and that there is danger of the emergency evaluee's doing bodily harm
				  to the petitioner or another individual.
(10) "Provider" means an individual, an
				  association, a partnership, an incorporated or unincorporated group, or a
				  hospital that renders health care service to an emergency evaluee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.15 - Petition for Emergency Evaluation-Payment for Services › Section 10.21.15.03 - Conditions for Payment

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall pay for emergency service only
					 if:
A. As determined according to
				  Health-General Article, §16-202, Annotated Code of Maryland, the emergency
				  evaluee cannot pay the charge for the service; and
B. The emergency evaluee does not have health
				  insurance, including Medicare or Medical Assistance, that covers the allowable
				  payment for the service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.15 - Petition for Emergency Evaluation-Payment for Services › Section 10.21.15.04 - Payable Services

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall limit services payable under this
					 chapter to the following emergency services:
A. The basic emergency room fee in a
				  designated emergency facility;
B.
				  The initial examination performed in the emergency room of a designated
				  psychiatric emergency facility by a consultant physician; and
C. Transportation for the emergency evaluee
				  in an emergency vehicle:
(1) From the site
				  where the emergency evaluee is located to the designated emergency facility,
				  and
(2) If staff at the emergency
				  facility complete an application and two certificates for involuntary admission
				  according to the provisions of Health-General Article, 10-615-----10-616,
				  Annotated Code of Maryland, from the designated emergency facility to the
				  inpatient facility where the emergency evaluee is referred for
				  admission.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.15 - Petition for Emergency Evaluation-Payment for Services › Section 10.21.15.05 - Billing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  provider shall submit the following documents:
(1) A request for payment on a form
				  designated by the Department;
(2) A
				  bill that specifies the:
(a) Name of the
				  emergency evaluee,
(b) Date of
				  service, and
(c) Description of
				  service;
(3) A copy of
				  the current petition for emergency evaluation;
(4) If the bill is for an examination by a
				  consultant physician, a copy of the consultant physician's evaluation that is
				  signed by the examining consultant physician;
(5) If the bill is for transportation of an
				  emergency evaluee from a designated emergency facility to an inpatient
				  facility, copies of both completed certificates for involuntary admission and
				  the application for involuntary admission; and
(6) Any other documentation required by the
				  Department to determine that the conditions of this chapter have been
				  met.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.15 - Petition for Emergency Evaluation-Payment for Services › Section 10.21.15.06 - Payment Rates

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall pay:
A. Hospitals, at rates approved by the Health
				  Services Cost Review Commission;
B.
				  Physicians, the lesser of the:
(1) Amount
				  billed; or
(2) The Statewide
				  average of prevailing charges for an examination by a physician consultant
				  based on Medicare's 75th percentile as determined according to
				  42 CFR §
												405.504; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.15 - Petition for Emergency Evaluation-Payment for Services › Section 10.21.15.07 - Subrogation by the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Before billing the Department, the provider shall:
(1) Take all reasonable steps to collect the
				  charge from the emergency evaluee and, if applicable, from insurers, including
				  Medicare and Medical Assistance; or
(2) Make and document a determination of the
				  evaluee's inability to pay, according to the provisions of Regulation .03 of
				  this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.15 - Petition for Emergency Evaluation-Payment for Services › Section 10.21.15.08 - Patients' Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. Access to
				  Care. Providers of emergency services shall give an emergency evaluee equal
				  access to treatment and services that are available or medically indicated,
				  regardless of diagnosis, handicap status, race, age, sex, national origin,
				  religious or political opinions or affiliations, or sources of payment for
				  care.
B. Providers of emergency
				  services shall recognize and respect an emergency evaluee's dignity in the
				  provision of care and treatment.
C.
				  Confidentiality.
(1) The emergency evaluee's
				  medical record is governed by the provisions of confidentiality as set forth in
				  Health-General Article, Title 4, Subtitle 3, and §19-308.2, Annotated Code
				  of Maryland.
(2) The right of
				  confidentiality does not preclude routine audit or payment processes.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  outlines the process for application for, denial of, and disciplinary action
				  on, the approval for a program to be eligible to receive State or federal funds
				  for providing community mental health services.
B. This chapter does not apply to programs
				  approved under COMAR 10.21.07 Therapeutic Group Homes or Federally Qualified
				  Health Centers.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, terms have the meanings indicated in COMAR
					 10.21.17.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.03 - Approval Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
To be eligible for approval under this chapter, a program
					 shall:
A. Meet the requirements of:
(1) This chapter;
(2) COMAR 10.21.17;
(3) The chapter under this subtitle that
				  outlines the requirements for the specific program; and
(4) Medical Assistance regulations,
				  including, but not limited to COMAR 10.09.36, 10.09.59. and 10.09.70;
				  and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.05 - Program Service Plan (PSP)

Current through Register Vol. 51, No. 14, July 12, 2024
On the forms approved by the Administration as part of the
					 application required under Regulation .04C of this chapter or COMAR
					 10.21.04.05B, a
					 program shall submit a PSP that includes a description of:
A. The range of services that the program
				  will provide;
B. The populations to
				  be served, including age groups and other relevant characteristics, and the
				  number of individuals that the program expects to serve;
C. Program sites and hours of operation, and
				  the method to ensure that services are accessible to the individuals
				  served;
D. The goals, objectives,
				  and expected outcomes of the program;
E. The composition of the program's governing
				  body, board of directors, or advisory committee, whichever applies, as outlined
				  in COMAR 10.21.17.05A;
F. The jurisdictions where services will be
				  provided and the number of services to be provided in each jurisdiction;
				  and
G. The jurisdiction where most
				  of the program's services will be rendered.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.06 - Evaluation of Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department's designated approval unit shall evaluate the application to
				  determine whether the applicant adequately documents that the:
(1) Proposed program has met all approval
				  requirements;
(2) Applicant has
				  reviewed and is knowledgeable regarding all applicable regulations;
				  and
(3) Program will be financially
				  viable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.07 - Temporary Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  Department's designated approval unit determines that the program meets all
				  approval requirements, the Secretary shall:
(1) Issue temporary approval according to the
				  provisions of §B of this regulation; and
(2) Forward copies of the approval to the:
(a) Appropriate CSA;
(b) Administration;
(c) ASO;
(d) Medical Assistance Program; and
(e) The program's chief executive officer
				  (CEO) and president of the advisory committee or governing body, whichever
				  applies.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.08 - Approval of a Program

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Approval Without Conditions.
(1) The
				  Secretary shall grant approval without conditions to a program if, based on an
				  on-site review, the Department's designated approval unit determines that the
				  program complies with the requirements for approval.
(2) Unless the program has been granted
				  deemed status under Regulation .10 of this chapter, within not more than 3
				  years of the date of the program's last full on-site review, the Department's
				  designated approval unit shall conduct a full, on-site review of the
				  program.
(3) Based on the review
				  conducted under §A(2) of this regulation, the Secretary shall redetermine
				  the program's approval status according to the provisions of this
				  chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.09 - Waivers and Variances

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Waivers. The Secretary may not waive the requirements of any regulation adopted
				  under:
(1) This chapter;
(2) COMAR 10.21.17; or
(3) The chapter under this subtitle that
				  outlines the requirements for a specific program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.10 - Deemed Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial
				  Request for Deemed Status. If a program is approved under Regulation .08 of
				  this chapter and is accredited under relevant behavioral health care standards
				  of the Joint Commission on the Accreditation of Health Care Organizations
				  (JCAHO) or the Rehabilitation Accreditation Commission (CARF), the program
				  director may request that the Secretary grant the program deemed status by
				  submitting a written request to the Administration and the CSA at least 90 days
				  before the expiration of the program's current approval status that includes
				  the:
(1) Application for deemed
				  status;
(2) Accreditation body's
				  full report, including the program's status and any conditions placed on the
				  program;
(3) Most recent report by
				  the Department's designated approval unit; and
(4) Program improvement plans, if any,
				  required by the accreditation body or the Department's designated approval
				  unit.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.11 - Program Inspection and Investigation by the Department

Current through Register Vol. 51, No. 14, July 12, 2024
The Department, its designees, the Administration, the
					 Administration's ASO, CSA, and federal funding agents may:
A. Make announced and unannounced visits to a
				  program; and
B. Inspect and copy
				  all records, including, but not limited to financial, treatment, and service
				  records.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.12 - Denial, Emergency Suspension of Approval, and Disciplinary Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. Denial of
				  Approval.
(1) If the Secretary proposes to
				  deny approval to an applicant under the provisions of this chapter, the
				  Secretary shall give written notice of the proposed denial to the:
(a) Applicant;
(b) Program's CEO and president of the
				  advisory committee or governing body, whichever applies;
(c) Administration;
(d) CSA or lead CSA;
(e) ASO; and
(f) Medical Assistance Program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.13 - Program Request for Discontinuation of Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a program intends to discontinue
				  operation, the program director shall, no less than 60 calendar days before the
				  program intends to discontinue operation, submit to the Department's approval
				  unit, the Administration, and the lead CSA its written plan for:
(1) Cessation of operations, including
				  relevant dates;
(2) Transitioning
				  individuals within its program to other mental health services;
(3) Storing and protecting all
				  records;
(4) Notifying employees,
				  consultants, and consumers of its cessation of operations;
(5) If a nonprofit organization, the return
				  of funds to the State, as required;
(6) Reimbursement of employees for lost
				  benefits, such as sick leave, vacation, and pension plan transitions;
				  and
(7) An audited financial
				  statement, current as of the date of the request to discontinue
				  operations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.14 - Program Request for Discontinuation of Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a program wishes to discontinue
				  approval, the program director shall, not less than 60 calendar days before the
				  date the program wishes to discontinue approval:
(1) Submit to the Department's designated
				  approval unit a letter requesting discontinuation of approval; and
(2) Notify, in writing, the:
(a) Individuals or the guardians of
				  individuals receiving services that the program has requested discontinuation
				  of approval, and the effective date of the discontinuation; and
(b) CSA or lead CSA, the Administration,
				  Medical Assistance Program, and the ASO of the discontinuation of approval and
				  the effective date of discontinuation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.15 - Initiation of Receivership

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may take action to initiate receivership
					 under the provision of Health-General Article, §§19-333 -19-339,
					 Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.16 - Community Mental Health Programs - Application, Approval, and Disciplinary Processes › Section 10.21.16.16 - Procedures for Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				  the Secretary proposes to deny approval or initiate disciplinary action, the
				  Secretary shall give the program director written notice of the proposed
				  action, according to the provisions outlined in Regulation .12A-C of this
				  chapter.
B. Within 10 working days
				  of receipt of the notification of the action under §A of this regulation,
				  the program director may file a written request for a hearing with the Office
				  of Administrative Hearings, with copies to the:
(1) Administration;
(2) CSA or lead CSA; and
(3) Director of the Department's designated
				  approval unit.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter delineates the administrative requirements for
					 a community mental health program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.03 - Authorization and Payment

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Authorization for Services.
(1) The program
				  shall comply with the provisions of this regulation when the program provides
				  services to:
(a) A Medicaid recipient;
				  or
(b) An individual for whom,
				  because of the severity of the mental illness and, based on the
				  Administration's determination of the individual's ability to pay, the cost of
				  care is subsidized, wholly or in part, through the public mental health
				  system.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.04 - Consent for Services, Orientation, and Advance Directive for Mental Health Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Consent
				  for Services.
(1) Before initiating services
				  to an individual, a program shall:
(a) Obtain
				  consent from the individual to:
(i) Render
				  services to the individual; and
(ii) Involve, as appropriate, the appropriate
				  CSA, the individual's family members, and others designated by the individual
				  in the individual's service process;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.05 - Advisory Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Membership. A provider that is approved by the Department under this subtitle
				  to operate a program shall have an advisory committee that is composed of
				  members:
(1) That reflect the cultural and
				  ethnic profile of the community or communities being served; and
(2) At least one-third of whom are
				  individuals who identify themselves as being in one of the following
				  categories:
(a) Currently served or were
				  previously served by a mental health program;
(b) Family members of individuals who are
				  currently served or were previously served by a mental health program;
				  or
(c) Members of a mental health
				  advocacy organization.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.06 - Collaboration with Core Service Agency (CSA)

Current through Register Vol. 51, No. 14, July 12, 2024
The program director shall:
A. Submit annually to the CSA, or, when
				  providing services in multiple jurisdictions, the lead CSA, and the Community
				  Services Reimbursement Rate Commission, an annual summary that, at a minimum,
				  includes:
(1) Relevant financial statements
				  or documentation and results of a financial audit;
(2) Wage and benefit information for each job
				  classification, including, but not limited to:
(a) Administrative staff;
(b) Supervisory staff;
(c) Clinical staff; and
(d) Direct care staff;
(3) Other information deemed necessary by the
				  Department and the Community Services Reimbursement Rate Commission;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.07 - Program Model

Current through Register Vol. 51, No. 14, July 12, 2024
A. A community
				  mental health program shall develop a program model that promotes recovery and
				  resiliency as required according to the chapter under this subtitle for the
				  specific program.
B. The program
				  director shall ensure that information and services are provided:
(1) In a culturally sensitive manner;
				  and
(2) At a suitable reading
				  comprehension level.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.08 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements.
(1) The program shall, either
				  manually or electronically:
(a) Establish a
				  record for an individual who receives services from the program; and
(b) Ensure that entries in the record are
				  dated, signed, and include the signer's degree or license, or if the signer has
				  no degree or license, the signer's staff position.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.09 - Policies and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  program shall have and maintain written policies that, at a minimum include:
(1) The program's mission and
				  goals;
(2) A description of the
				  organizational structure of the program;
(3) Identification of the duties of the
				  program director and, if applicable, the medical director or clinical director;
				  and
(4) The policies and procedures
				  for:
(a) Ensuring individual rights, including
				  confidentiality, and providing a complaint process;
(b) Providing the services in the chapter
				  under this subtitle that outlines the requirements for the specific
				  program;
(c) Screening, admission,
				  transition, and discharge;
(d) If
				  the program provides case coordination, assisting program enrollees with access
				  to all entitlements, pertinent resources, insurance benefits, and
				  reimbursements for which the individual is eligible;
(e) If applicable to the program, storing,
				  handling, prescribing, administering, and disposing of medications;
(f) If applicable to the program, monitoring
				  of psychiatric and somatic medication;
(g) If applicable, accounting for the use and
				  expenditure of an individual's funds;
(h) Staffing, including, if required under
				  the chapter in this subtitle that outlines the provisions for the specific
				  program, 24 hours, on-call and emergency coverage;
(i) If the program provides services in a
				  facility, a disaster and emergency evacuation plan;
(j) According to federal and State
				  requirements, safety precautions, infection control, and communicable disease
				  control;
(k) Incident
				  reporting;
(l) Crisis response
				  plan; and
(m) Information about any
				  State and federal laws pertaining to civil or criminal penalties for false
				  claims and statements and whistle blower protections, including the necessity
				  for preventing and detecting fraud, waste, and abuse.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.10 - Discharge from Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. When
				  an individual has attained the goals identified in the individual's service
				  plan, the individual's program coordinator shall begin the process for
				  discharge planning.
B. Discharge
				  Policy. The program shall have and maintain written policies and procedures,
				  which may be contained in one document, that include:
(1) The process for all types of discharge
				  from the program, including:
(a)
				  Collaborative discharge;
(b) The
				  individual's discontinuation of services;
(c) The program's recommendation to
				  discontinue services; and
(d) The
				  ASO's determination to discontinue authorization for services; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.11 - Human Resource Development

Current through Register Vol. 51, No. 14, July 12, 2024
A. Supervision. The program director shall:
(1) Establish a system to ensure ongoing
				  supervision of staff; and
(2)
				  Determine the need for staff supervision on the basis of:
(a) Credentials, competencies, experience,
				  education, and training;
(b)
				  Performance standards and outcome measures identified by the quality management
				  process;
(c) Size of caseload;
				  and
(d) Severity of illness of
				  individuals enrolled in the program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.12 - Quality Management (QM)

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  program shall establish and maintain a QM process in accordance with the
				  requirements of this regulation.
B.
				  QM Plan. The program director shall develop and, at least every 3 years, review
				  a written QM plan that:
(1) Provides for an
				  internal, ongoing quality performance evaluation process that describes the:
(a) Program goals; and
(b) Mechanisms, including staff responsible
				  and resources available, for implementing the QM process;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.13 - Reports of Death

Current through Register Vol. 51, No. 14, July 12, 2024
Upon notification of the death of any individual in a State
					 funded or operated program or facility, the administrative head of the program
					 or facility shall:
A. Report the death
				  according to the provisions of Health-General Article, §10-714(a),
				  Annotated Code of Maryland; and
B.
				  Use the form required by the Administration.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.14 - Staff Credentials, Competencies, and Privileges

Current through Register Vol. 51, No. 14, July 12, 2024
A. The program director shall ensure that
				  staff and consultants perform only those duties for which the staff and
				  consultants have the appropriate credentials and competencies according to the
				  provisions of this regulation.
B.
				  Staff Credentials. The program director shall ensure that the program has in
				  effect a process for reviewing credentials that requires the program to
				  collect, verify, review, and document the following information:
(1) Education;
(2) If required, primary source verification
				  of licenses or certification under Health Occupations Article, Annotated Code
				  of Maryland, to practice a health occupation; and
(3) Documentation of professional liability
				  insurance that is carried either individually or through the program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.15 - Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. A program shall:
(1) Explain to an individual enrolled in a
				  program the individual's rights as set forth in Health-General Article, Title
				  10, Subtitle 7, and Title 4, Subtitle 3, Annotated Code of Maryland;
(2) Provide, in writing, information
				  regarding an individual's rights as outlined in §A of this regulation to
				  an individual enrolled in a program; and
(3) Prominently display, in accessible
				  centralized locations, the individual's rights as outlined in §A of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.16 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. A program shall
				  develop and implement an internal process for the prompt and objective
				  resolution of complaints related to services provided that may be presented by
				  an individual.
B. The program shall
				  prominently display, in accessible centralized locations, the written
				  description of the complaint process.
C. A program shall:
(1) Prepare the document describing the
				  program's complaint process;
(2)
				  Include as part of the written complaint process a form for the individual's
				  use when filing a complaint, and a process by which, if requested by the
				  individual, a program staff member or individual chosen by the individual
				  receiving services, can assist in its completion; and
(3) Provide a copy of the program's complaint
				  process for each individual:
(a) During the
				  individual's orientation; and
(b)
				  At any time upon an individual's request.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements › Section 10.21.17.17 - Grievances

Current through Register Vol. 51, No. 14, July 12, 2024
If an individual has a grievance regarding the denial of
					 services based on eligibility or medical necessity criteria, the individual may
					 file the grievance according to the procedures outlined in COMAR
					 10.09.70.08A.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.18 - Community Mental Health Programs-Therapeutic Nursery Programs › Section 10.21.18.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to clinical programs that provide a combination of developmental and
				  mental health services in a preschool setting, made accessible and available to
				  children and the families of children who are at risk for or who are
				  emotionally disturbed, who have behavior or adjustment problems, or
				  both.
B. The Department shall grant
				  approval to an agency to be eligible to receive State funds for providing
				  therapeutic nursery services if the agency meets the requirements of this
				  chapter and COMAR 10.21.16, 10.21.17, and 07.04.02.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.18 - Community Mental Health Programs-Therapeutic Nursery Programs › Section 10.21.18.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  terms have the meanings stated in COMAR 10.21.17 and this regulation.
B. Terms Defined.
(1) "Individualized family service plan
				  (IFSP)" means the plan defined in COMAR 10.09.40.
(2) "Learning center" means a designated area
				  of a classroom that serves children in a therapeutic nursery and that is
				  equipped specifically for the development of a particular skill, including, but
				  not limited to, fine motor, gross motor, and socialization.
(3) "Primary caretaker" means the child's
				  custodial parent or parents, or the adult with whom the child currently
				  resides.
(4) "Program A" means a
				  therapeutic nursery that provides services to children who are younger than 3
				  years old and whose primary caretakers are present on the site of the
				  therapeutic nursery to participate in the treatment process with the
				  child.
(5) "Program B" means a
				  therapeutic nursery that provides services to children who are 3 years old or
				  older, and younger than 5 years old.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.18 - Community Mental Health Programs-Therapeutic Nursery Programs › Section 10.21.18.03 - Program Model

Current through Register Vol. 51, No. 14, July 12, 2024
A provider of therapeutic nursery services shall ensure
					 that services:
A. Are appropriate to
				  the cultural and psychosocial developmental needs of the child;
B. Are provided:
(1) For a minimum of 3 hours per day, 3 days
				  per week at each site; and
(2) In
				  either a free-standing program or as an integral component of a preschool
				  program in which services are offered in a therapeutic milieu;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.18 - Community Mental Health Programs-Therapeutic Nursery Programs › Section 10.21.18.04 - Referral and Admission

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Referral. A therapeutic nursery may accept a referral to the therapeutic
				  nursery from:
(1) Education, social service,
				  or health care agency staff;
(2)
				  Family members; or
(3) Other
				  interested individuals and agencies.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.18 - Community Mental Health Programs-Therapeutic Nursery Programs › Section 10.21.18.05 - Evaluative Services for the Child

Current through Register Vol. 51, No. 14, July 12, 2024
A. Assessment. If a comprehensive
				  developmental assessment has not been completed within the 90 days before
				  admission, before the child's 6th visit, the therapeutic nursery staff shall
				  assure the completion of an assessment, including, when appropriate,
				  standardized measurement, that includes, at a minimum, an assessment of the
				  following:
(1) Social and emotional
				  development;
(2) Cognitive skills
				  and deficits;
(3) Language
				  development;
(4) Motor skills, fine
				  and gross;
(5) Self-help and
				  adaptive skills;
(6) Family history
				  and evaluation;
(7) Home
				  environment;
(8) Developmental
				  history;
(9) Mental status;
				  and
(10) Medical history and needs,
				  if any.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.18 - Community Mental Health Programs-Therapeutic Nursery Programs › Section 10.21.18.06 - Treatment and Support Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Therapies. The therapeutic nursery program
				  shall provide the following therapies:
(1) If
				  required by the ITP, individual therapy:
(a)
				  With the therapeutic nursery mental health professional staff,
(b) With the community psychotherapist who is
				  currently treating the child, or
(c) By referral;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.18 - Community Mental Health Programs-Therapeutic Nursery Programs › Section 10.21.18.07 - Discharge and Transitioning

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Not later than the date of admission, the therapeutic nursery program shall
				  provide a written policy statement on discharge and transition procedures to
				  parents, legal guardians, and primary caretakers.
B. To the extent practicable, parents, legal
				  guardians, or primary caretakers as well as referring agencies or
				  professionals, and the continuing care providers shall participate in discharge
				  and transition planning.
C. Within
				  15 days of discharge, the therapeutic nursery staff shall complete a discharge
				  summary in accordance with the provisions of COMAR
				  10.21.17.07D(3).
D. With the consent of a parent or legal
				  guardian as necessary, the therapeutic nursery program shall forward a copy of
				  the discharge summary to the continuing care provider.
E. Criteria for discharge include but are not
				  limited to:
(1) Symptomatic
				  alleviation;
(2) Achievement of
				  treatment goals;
(3) Readiness for
				  participation in off-site educational programs; or
(4) Inability of the enrollee or the primary
				  caretaker, or both, to comply with program requirements.