reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.09 - Procedures for Hearing Before the Hospital Appeal Board and Nursing Home Appeal Board › Section 10.01.09.08 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
Any party may file an appeal from the decision of the Board
					 as provided by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.10 - Payment for Off-Grounds Medical Services › Section 10.01.10.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary of Health and Mental Hygiene (DHMH) has
					 established accounts for the purpose of payment of off-grounds medical
					 services. These accounts are to be used by DHMH facilities whose clients
					 receive services from private medical providers that the facility cannot
					 furnish or secure by contract. The care could include laboratory work, services
					 from medical specialties, and acute hospitalization. The care does not include
					 ambulance transportation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.10 - Payment for Off-Grounds Medical Services › Section 10.01.10.02 - 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) "Client" means a resident or patient in a
				  Department of Health and Mental Hygiene facility.
(2) "Department" means the Department of
				  Health and Mental Hygiene.
(3)
				  Facility.
(a) "Facility" means an inpatient or
				  residential facility owned and operated by the Department.
(b) "Facility" includes Mental Hygiene
				  Administration institutions, Developmental Disabilities Administration
				  institutions, and chronic and rehabilitation facilities.
(4) "Medical providers" means private
				  providers of medical care or related services who render care to clients of the
				  Department's facilities.
(5)
				  "Off-grounds medical services" means medical care or related services provided
				  to clients of the Department's facilities rendered by medical providers at a
				  site other than the facility.
(6)
				  "Secretary" means the Secretary of Health and Mental Hygiene.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.10 - Payment for Off-Grounds Medical Services › Section 10.01.10.03 - Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. All facilities
				  shall provide or arrange for the provision of medical care required by
				  individuals placed in Department facilities.
B. All facilities shall purchase medical
				  services that cannot be provided in the facility by the facility's staff or
				  visiting consultants from providers appropriately licensed in the state in
				  which the service is to be rendered.
C. All facilities shall purchase medical
				  services from medical providers who agree to invoice the facility only for
				  those services that are not covered by third-party payers, including federal,
				  state, or federal-state programs.
D. The financial agents shall assist the
				  provider in identifying potential sources of recovery.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.10 - Payment for Off-Grounds Medical Services › Section 10.01.10.04 - Payment Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Medical
				  providers shall collect to the extent possible from third-party payers such as
				  Medical Assistance, Medicare, and private insurers.
B. Facilities shall direct medical providers
				  to invoice the facility for the cost of those services not covered by
				  third-party payers. For Medical Assistance recipients, the Secretary or the
				  Secretary's designee shall determine which services are specifically provided
				  for in the facility's budget and are included in the facility's Medical
				  Assistance per diem rate, and, therefore, may not be billed directly to the
				  Maryland Medical Assistance Program.
C. The purchase of care agreement entered
				  into with the provider shall state that "The provider, in accepting this client
				  for care, agrees to pursue recovery of the cost of care from all third-party
				  payers and any state, federal, and federal-state program for which this client
				  might be eligible, based on the information furnished by the facility before
				  invoicing (name of facility)."
D.
				  Payment in Full.
(1) If a third-party source
				  of payment is intended to be payment in full, the facility may accept but may
				  not pay invoices for the service rendered, unless payment by the third-party
				  source is denied.
(2) If a
				  third-party source of payment is not intended to be payment in full, the
				  facility shall pay the amount of the bill not paid by the third-party
				  payer.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.10 - Payment for Off-Grounds Medical Services › Section 10.01.10.05 - Recovery and Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  If a client has insurance or if any other person is obligated, either legally
				  or contractually, to pay for, or to reimburse the client for any service
				  covered by this chapter, the medical provider shall seek payment from that
				  source.
B. Payment. If payment is
				  made by both the facility and insurance or other payer, the following
				  conditions apply:
(1) If the facility has
				  paid all or part of the invoice and the third-party payer has made payment that
				  represents payment in full, then the medical provider shall return the
				  facility's entire payment to the facility;
(2) If the facility has paid the invoice in
				  full and if the third-party payer has made payment that represents partial
				  payment, then the medical provider shall return the amount of the third-party
				  payment to the facility;
(3) If a
				  third-party payer has made payment that is intended to be a partial payment and
				  the facility has paid the remainder, then no repayment to the facility is
				  required.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures for persons in
					 interest who are authorized to inspect a public record to request the
					 correction or amendment of that public record in the Department of Health and
					 Mental Hygiene under State Government Article, §10-625, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.02 - 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) "Department" means the Department of
				  Health and Mental Hygiene.
(2)
				  "Person in interest" means:
(a) A person or
				  governmental unit that is the subject of a public record, or a designee of the
				  person or governmental unit;
(b) If
				  the person has a legal disability, the parent or legal representative of that
				  person; or
(c) As to requests for
				  correction of certificates of death under Health-General Article,
				  §5-310(d)(2), Annotated Code of Maryland, the spouse, adult child, parent,
				  adult sibling, grandparent, or guardian of the person of the deceased at the
				  time of the deceased's death.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest may request the Department to correct
					 or amend any public record that the person in interest is authorized to inspect
					 pursuant to State Government Article, §10-625, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.04 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
The person in interest shall request the correction or
					 amendment in writing. The request shall:
A. Identify the public record the person is
				  seeking to correct or amend;
B.
				  State the precise correction or amendment requested;
C. State the reason the correction or
				  amendment is sought; and
D. Include
				  the statement that the record is, to the person's belief, currently inaccurate
				  or incomplete.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.05 - Filing the Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person shall file a request for correction or amendment
					 of the record with the Department by addressing it to the custodian of the
					 record. If the custodian is unknown to the person in interest, the person may
					 address the request to the Secretary of Health and Mental
					 Hygiene.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.06 - Return of Nonconforming Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall accept a request to
				  correct or amend a public record when it is received if it complies with
				  Regulations .04 and .05 of this chapter.
B. If the request does not comply with
				  Regulations .04 and .05 of this chapter, the Department shall return the
				  request to the requester with:
(1) An
				  explanation of the reason for the return; and
(2) A statement that, on receipt of a request
				  that complies with Regulations .04 and .05 of this chapter, the request will be
				  accepted and considered.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.07 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the request for correction or
					 amendment is received, the custodian of the record shall:
A. Make the requested correction or amendment
				  and inform the person of the action;
B. Inform the person in writing of the:
(1) Department's refusal to make the
				  requested correction or amendment, and
(2) Reason for the refusal; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.08 - Refusal of Request

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department's response under Regulation .07 of this
					 chapter, is to refuse the requested correction or amendment, the person in
					 interest may file with the Department a concise statement of the person's
					 reasons for:
A. The requested
				  correction or amendment; and
B.
				  Disagreement with the Department's refusal to make the correction or
				  amendment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.09 - Requirements for Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
A person who desires to file the statement of disagreement
					 specified in Regulation .08 of this chapter shall file the statement in not
					 more than five, one-sided, 8-1/2 by 11 inch pages.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.10 - Information Provided to Third Parties

Current through Register Vol. 51, No. 14, July 12, 2024
When the Department discloses to a third party information
					 from a public record about which a statement in compliance with Regulations .08
					 and .09 of this chapter has been filed, the Department shall furnish a copy of
					 the statement to the third party.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.11 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may
				  request a hearing by filing a request for a hearing with the custodian of the
				  record, if the person has been denied:
(1) An
				  amendment or correction of a record;
(2) The right to file a statement of
				  disagreement; or
(3) The right to
				  have a statement to a third party forwarded pursuant to Regulation .10 of this
				  chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.11 - Correction or Amendment of Public Records › Section 10.01.11.12 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A person who is aggrieved by the final decision following
					 all administrative review, including the final decision of the Secretary and
					 the decision of the Board of Review, may file for judicial review under State
					 Government Article, §
										10-222, Annotated
					 Code of Maryland, by filing a petition in the appropriate circuit
					 court.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.12 - Declaratory Ruling › Section 10.01.12.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Declaratory ruling" means a ruling made
				  by a promulgating authority with respect to the manner in which the
				  promulgating authority would apply a regulation or order of the promulgating
				  authority, or a statute that the promulgating authority enforces, to a person
				  or a property based on a given set of facts.
(2) "Department" means the Department of
				  Health and Mental Hygiene.
(3)
				  "Person" means:
(a) An individual, receiver,
				  trustee, guardian, personal representative, fiduciary, or representative of any
				  kind;
(b) A partnership, firm,
				  association, corporation, or other entity; and
(c) A political subdivision of the State or
				  an instrumentality of a political subdivision.
(4) "Promulgating authority" means the
				  promulgating authority's designee or an officer or unit of the Department that
				  is authorized by law to adopt regulations subject to State Government Article,
				  §§
											10-101 -10-139,
				  Annotated Code of Maryland, or adjudicate contested cases subject to State
				  Government Article, §§
											10-201 -10-207,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.12 - Declaratory Ruling › Section 10.01.12.02 - Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested
				  person may file with the promulgating authority a petition for a declaratory
				  ruling.
B. Petition for Declaratory
				  Ruling. The petition for a declaratory ruling shall be filed in writing and
				  shall describe in detail:
(1) The interest of
				  the petitioner in making the request;
(2) The issues involved;
(3) A statement of the facts;
(4) A list of documents or statements the
				  petitioner believes should be considered; and
(5) A sworn statement by the petitioner that
				  the facts contained in the petition are true to the best of the person's
				  knowledge and belief.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.12 - Declaratory Ruling › Section 10.01.12.03 - Consideration and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Consideration and Disposition. The promulgating authority shall:
(1) Consider the petition and may issue the
				  declaratory ruling requested;
(2)
				  Notify the petitioner in writing of the action decided upon and state the
				  reasons for the decision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.12 - Declaratory Ruling › Section 10.01.12.04 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A declaratory ruling is subject to judicial review as
					 provided in State Government Article, §
										10-305, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.13 - Procedures for Interagency Coordination for Licensing Residential Child Care Facilities › Section 10.01.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant for a license for a residential child care
					 facility or a residential child care program may seek a variance or waiver
					 under this regulation. This chapter applies to licenses regulated by COMAR
					 10.22.03, 10.22.11, 10.22.14, 10.23.02, and 10.47.01 if the population of the
					 facility is comprised of at least 90 percent children and if they are not
					 regulated by the Health Resources Planning Commission through the Certificate
					 of Need process.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.13 - Procedures for Interagency Coordination for Licensing Residential Child Care Facilities › Section 10.01.13.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Secretary" means the Secretary of Health
				  and Mental Hygiene.
(2) "Variance"
				  means an alternative procedure to satisfy a specific licensing
				  regulation.
(3) "Waiver" means the
				  setting aside of a specific licensing regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.13 - Procedures for Interagency Coordination for Licensing Residential Child Care Facilities › Section 10.01.13.03 - Application for Variance

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant for a license under the chapters listed in Regulation .01, of this
				  chapter, may request a variance to specific licensing regulations.
B. An application for a variance shall:
(1) Be written;
(2) Contain specific details of the
				  alternative procedures proposed by the applicant; and
(3) Demonstrate that the alternative
				  procedures proposed shall:
(a) Meet or produce
				  the intended effects of each regulation for which the variance is requested
				  and
(b) Maintain the health,
				  safety, and well-being of children in the facility at or above the level
				  required by each regulation for which the variance is requested.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.13 - Procedures for Interagency Coordination for Licensing Residential Child Care Facilities › Section 10.01.13.04 - Department Action on Application for Variance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon consideration of an application for
				  variance, the Secretary may grant the request for a variance, if the:
(1) Applicant has submitted an application in
				  accordance with the provisions of Regulation .03 of this chapter;
(2) Applicant has complied with all other
				  applicable licensing regulations of the Department; and
(3) Secretary determines that the alternative
				  procedure proposed by the applicant shall:
(a) Meet or produce the intended effect of
				  the regulation, and
(b) Maintain
				  the health, safety, and well-being of children in the facility at or above the
				  level required by the regulation at issue.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.13 - Procedures for Interagency Coordination for Licensing Residential Child Care Facilities › Section 10.01.13.05 - Application for Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant for a license under the COMAR chapters listed in Regulation .01, of
				  this chapter, may request a waiver of specific provisions of licensing
				  regulations.
B. An application for
				  a waiver shall:
(1) Be written;
(2) Contain specific facts upon which the
				  waiver is requested; and
(3)
				  Demonstrate that:
(a) The waiver is necessary
				  to meet the requirements of any federal child care licensing program;
				  or
(b) Enforcement of the
				  regulation for which a waiver is requested is contrary to the purposes of the
				  statute under which the regulations are promulgated, and it would be unduly
				  burdensome and inequitable for the applicant to comply with the provisions of
				  the regulation for which a waiver is requested.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.13 - Procedures for Interagency Coordination for Licensing Residential Child Care Facilities › Section 10.01.13.06 - Department Action on Application for Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may grant a waiver of
				  provisions of the applicable licensing regulation if the:
(1) Applicant has filed a written request for
				  a waiver in accordance with Regulation .05 of this chapter;
(2) Waiver is not inconsistent with the
				  purposes and provisions of the statute under which the regulations are
				  promulgated, and the health, safety, and well-being of the children in the
				  facility will not be jeopardized solely by the granting of the waiver;
				  and
(3) Applicant has demonstrated
				  the facts required in Regulation .05B(3) of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.13 - Procedures for Interagency Coordination for Licensing Residential Child Care Facilities › Section 10.01.13.07 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant aggrieved by a determination of the Secretary
					 upon an application for waiver or variance may file an appeal of the
					 determination in accordance with the Administrative Procedure Act, State
					 Government Article, §§
										10-201 -10-405,
					 Annotated Code of Maryland, and the Department's regulations governing
					 administrative appeals taken pursuant to the Administrative Procedure
					 Act.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.14 - Open Meetings-Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 10.01.14.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Public body" means the entity defined at State Government
					 Article, §10-502(h), Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.14 - Open Meetings-Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 10.01.14.02 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  general public may attend and observe an open session of a public body within
				  or established by the Department of Health and Mental Hygiene.
B. Except in instances when a public body
				  expressly invites public testimony, questions, comments, or other forms of
				  public participation, or when public participation is otherwise authorized by
				  law, a member of the public attending an open session may not participate in
				  the session.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.14 - Open Meetings-Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 10.01.14.03 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prohibition.
				  An individual attending an open session of a public body may not engage in any
				  conduct, including a visual demonstration such as the waving of a placard,
				  sign, or banner, that disrupts the session or that interferes with the right of
				  a member of the public to attend and observe the session.
B. Action to Restore Order. The presiding
				  officer may:
(1) Order an individual who
				  engages in conduct prohibited by §A of this regulation, or who violates
				  any other regulation concerning the conduct of an open session, to be removed
				  from the session;
(2) Request
				  police assistance to restore order; and
(3) Recess the session while order is
				  restored.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.14 - Open Meetings-Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 10.01.14.04 - Recording, Photographing, Videotaping, Broadcasting, and Televising of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  member of the public, including a representative of the news media, may record
				  an open session of a public body by means of a tape recorder or another
				  recording device, if the:
(1) Device does not
				  create an excessive noise that interferes with the participation in a session
				  by a member of the public body or the observation of the session by a member of
				  the public;
(2) Device does not
				  otherwise interfere with an individual's observation of or participation in the
				  session; and
(3) Recording is done
				  openly so that it is obvious to those in attendance that the session is being
				  recorded.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.14 - Open Meetings-Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 10.01.14.05 - Recordings Not Part of the Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the
					 public, or a transcript derived from the recording, is not a part of the record
					 of a proceeding of a public body.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.15 - Exemption from Self-Referral Laws › Section 10.01.15.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs exemptions from the prohibition on self-referral made by the Secretary
				  in conjunction with the Maryland Health Care Commission.
B. This chapter creates the means by which
				  the Secretary and the Maryland Health Care Commission can determine whether:
(1) A health care practitioner's beneficial
				  interest is essential to finance and to provide a health care entity;
				  and
(2) The health care entity is
				  needed to ensure appropriate access for a community to the services provided by
				  the health care entity.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.15 - Exemption from Self-Referral Laws › Section 10.01.15.02 - Definitions-Applicable to Health Occupations Article, Section1-301 et seq., Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the
				  purpose of enforcing Health Occupations Article, §
										1-301 et seq.,
				  Annotated Code of Maryland, the following terms have the meanings
				  indicated.
B. Terms Defined.
(1) "Group practice" means a group of two or
				  more health care practitioners legally organized as a partnership, professional
				  corporation, limited liability company, foundation, not-for-profit corporation,
				  faculty practice plan, or similar association:
(a) In which each health care practitioner
				  who is a member of the group as defined in this chapter provides substantially
				  the full range of services which the practitioner routinely provides through
				  the joint use of shared office space, facilities, equipment, and
				  personnel;
(b) For which
				  substantially all, that is, at least 75 percent, of the patient care services
				  of all of the health care practitioners who are members of the group are
				  provided through the group and are billed under a billing number assigned to
				  the group and amounts so received are treated as receipts of the group;
				  and
(c) In which the overhead
				  expenses of and the income from the practice are distributed in accordance with
				  methods previously determined on an annual basis by members of the
				  group.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.15 - Exemption from Self-Referral Laws › Section 10.01.15.03 - Definitions-For Exemption from Self-Referral Laws

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) "Area of concentration" means a
				  limitation of practice by demonstrable training and competence of a health care
				  practitioner.
(2) "Essential" means
				  a health care entity would not be able to exist but for the health care
				  practitioner's beneficial interest in the health care entity.
(3) "Health care entity" means a business
				  entity that provides health care services for the:
(a) Testing, diagnosis, or treatment of human
				  disease or dysfunction; or
(b)
				  Dispensing of drugs, medical devices, medical appliances, or medical goods for
				  the treatment of human disease or dysfunction.
(4) Health Care Practitioner.
(a) "Health care practitioner" means a person
				  who is licensed, certified, or otherwise authorized under the Health
				  Occupations Article, Annotated Code of Maryland, to provide health care
				  services in the ordinary course of business or practice of a
				  profession.
(b) "Health care
				  practitioner" does not include a mortician or nursing home administrator,
				  unless the mortician or nursing home administrator is licensed, certified, or
				  otherwise authorized under the Health Occupations Article, Annotated Code of
				  Maryland, to provide health care services by any board other than the Board of
				  Morticians or the Board of Nursing Home Administrators.
(5) "MHCC" means the Maryland Health Care
				  Commission.
(6) "Secretary" means
				  the Secretary of Health and Mental Hygiene.
(7) "Specialty" means "area of concentration"
				  as defined in §B(1) of this regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.15 - Exemption from Self-Referral Laws › Section 10.01.15.04 - Scope of Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may exempt a health care practitioner from
					 the prohibition on self-referral pursuant to Health Occupations Article, §
										1-302(d)(5),
					 Annotated Code of Maryland, in accordance with this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.15 - Exemption from Self-Referral Laws › Section 10.01.15.05 - Request for Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  health care practitioner who has or wishes to have a beneficial interest in a
				  health care entity may request an exemption from the self-referral
				  laws.
B. In order for a health care
				  practitioner to obtain an exemption by the Secretary from the self-referral
				  laws, the health care practitioner shall make a request to the Secretary that:
(1) Identifies the street address, political
				  subdivision, and area of concentration of both the health care practitioner and
				  the entity in which the practitioner has or wishes to have a beneficial
				  interest;
(2) Demonstrates to the
				  Secretary's satisfaction that the health care practitioner's beneficial
				  interest is:
(a) Essential to finance and to
				  provide the health care entity, and
(b) Needed to ensure appropriate access for
				  the community to the services provided at the health care entity.
(3) States when the services are
				  proposed to begin;
(4) Includes an
				  agreement that, if the health care practitioner seeks renewal of an exemption
				  from the Secretary and the Secretary no longer deems the beneficial interest to
				  be essential, the practitioner will:
(a)
				  Pledge in writing to the Secretary that the health care entity shall
				  immediately cease accepting any referrals from sources prohibited under Health
				  Occupations Article, §
												1-301 et seq.,
				  Annotated Code of Maryland, or
(b)
				  Divest the practitioner's beneficial interest in the entity within 1 year after
				  the exemption is no longer applicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.15 - Exemption from Self-Referral Laws › Section 10.01.15.06 - Timetable for the Secretary's Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall make the required
				  determinations within 90 days following receipt of a health care practitioner's
				  request for exemption.
B. The
				  Executive Director of the MHCC shall advise the Secretary as to whether the
				  health care entity is needed to ensure appropriate access for the community to
				  the services provided at the health care entity within 60 days after receipt of
				  the Secretary's letter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.15 - Exemption from Self-Referral Laws › Section 10.01.15.07 - Renewal of Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  term of an exemption shall be in conjunction with a health care practitioner's
				  professional license renewal and shall be renewed at the same time the health
				  care practitioner's professional license is renewed.
B. The exemption expires at the end of its
				  term, unless the exemption is renewed as provided by this chapter.
C. An exempted health care practitioner, on
				  renewal, shall meet all the requirements of this chapter at the time of
				  renewal.
D. Each health care
				  practitioner who has been exempted by the Secretary from the prohibition on
				  self-referral as an essential health care entity needed for access to health
				  care shall renew the health care practitioner's exemption status on a form
				  provided by the Secretary or the Secretary's designee at the time of licensure,
				  certification, or other form of practice renewal authorized under the Health
				  Occupations Article, Annotated Code of Maryland, within the time period
				  specified on the form.
E. Each
				  exempted health care practitioner shall keep the appropriate licensing,
				  certification, or other practice authorizing board apprised of a current
				  mailing address.
F. On request by
				  the Secretary or the Secretary's designee, the relevant board or boards shall
				  supply the current mailing addresses of exempted health care
				  practitioners.
G. The Secretary or
				  the Secretary's designee shall mail a notice of the required renewal to the
				  health care practitioner at the current mailing address supplied by the
				  appropriate board.
H. If an
				  exempted health care practitioner does not receive notice of renewal, it is the
				  exempted health care practitioner's responsibility to notify the Secretary or
				  the Secretary's designee so that the Secretary or the Secretary's designee may
				  renew the exemption before the expiration of the current exemption.
I. Failure to Renew Exemption.
(1) If an exempted health care practitioner
				  fails to renew the exemption, the practitioner is not considered exempted under
				  the Health Occupations Article, §
											1-301(d)(5),
				  Annotated Code of Maryland.
(2) If
				  an exempted health care practitioner fails to renew the exemption, and fails to
				  carry out the agreed requirements set forth in Regulation .05B(4) of this
				  chapter, the practitioner shall be subject to disciplinary action as set forth
				  in Health Occupations Article, §
											1-306, Annotated
				  Code of Maryland, for violation of the self-referral laws.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.16 - Retention and Disposal of Medical Records and Protected Health Information › Section 10.01.16.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to medical records and protected health information held by health care
				  providers practicing in Maryland, their agents, and their records management
				  service.
B. This chapter does not
				  supersede any federal or State laws or regulations that exceed this chapter's
				  requirements by requiring that a medical record:
(1) Be retained for a longer period of
				  time;
(2) Be afforded greater
				  security measures;
(3) Be afforded
				  more privacy measures; and
(4) Be
				  more easily accessible to the patient.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.16 - Retention and Disposal of Medical Records and Protected Health Information › Section 10.01.16.03 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, the following documents are incorporated
					 by reference:
A. 45 CFR Part 160, as
				  amended; and
B. 45 CFR Part 164, as
				  amended.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.16 - Retention and Disposal of Medical Records and Protected Health Information › Section 10.01.16.04 - Maintenance of Medical Records

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A health care provider shall develop and maintain a records retention schedule
				  compatible with the requirements of Regulations .04-.07 of this
				  chapter.
B. Except as provided in
				  Regulations .06 and .07 of this chapter, a health care provider shall maintain
				  medical records for all patients in the health care provider's care for a
				  minimum of 5 years after the medical record is made or until the patient is 21
				  years old, whichever is longer.
C.
				  Medical records are the personal property of the entity providing health care
				  and are maintained for:
(1) The
				  patient;
(2) The medical or
				  treatment staff; and
(3) Other
				  treatment, payment, and health care operations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.16 - Retention and Disposal of Medical Records and Protected Health Information › Section 10.01.16.05 - Disposal of Medical Records

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A health care provider shall maintain a medical record in accordance with the
				  records retention schedule and may dispose of the record when the minimum
				  retention requirements as described in Regulation .04B of this chapter have
				  been met.
B. For purposes of
				  destruction, a medical record is an indivisible entity unless, in the health
				  care provider's professional judgment, the medical record is
				  divisible.
C. A health care
				  provider shall ensure confidentiality of medical records throughout the
				  disposal process:
(1) For paper records, by
				  incineration, shredding, pulping, or other comparable process which renders the
				  records permanently unreadable;
(2)
				  For electronic or magnetic media, such as computer disks or magnetic tapes, by
				  completely sanitizing the media, and not just by erasure or deletion;
(3) For other media, such as film, photos, or
				  compact discs, by destroying the media with no possibility of recovery;
				  and
(4) By complying with the HIPAA
				  security provisions at 45
				  CFR §
												164.310(d), as
				  amended.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.16 - Retention and Disposal of Medical Records and Protected Health Information › Section 10.01.16.06 - Instructions for Handling Medical Records Upon Discontinuation of Medical Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the
				  time a health care provider discontinues medical practice, the health care
				  provider shall immediately secure the medical records until one of the
				  following options are taken:
(1) Medical
				  records may be transferred to a health care provider who will be assuming the
				  medical practice;
(2) Medical
				  records may be given to the patient;
(3) At the patient's direction, the medical
				  record may be transferred to a new health care provider; or
(4) Medical records may be destroyed in
				  accordance with §B of this regulation, Regulation .07 of this chapter, or
				  both.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.16 - Retention and Disposal of Medical Records and Protected Health Information › Section 10.01.16.07 - Prerequisites for Early Destruction of Medical Records

Current through Register Vol. 51, No. 14, July 12, 2024
Medical records that have not met the retention
					 requirements of Regulation .04 of this chapter, may be destroyed only
					 if:
A. In the case of an adult,
				  notification is sent by first-class mail to the last known address of the
				  patient which includes:
(1) The proposed date
				  of disposal; and
(2) A statement
				  that the record, or a synopsis of the record, may be retrieved at a designated
				  location within 30 days of the proposed destruction; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.16 - Retention and Disposal of Medical Records and Protected Health Information › Section 10.01.16.08 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. For entities and
				  individuals not regulated by the Office of Health Care Quality or the
				  appropriate health occupations board, the Secretary shall have the authority to
				  investigate any complaint concerning medical records that are covered by this
				  chapter. By letter, the Secretary may delegate this authority to any unit of
				  the Department, including a health occupations board, the Office of Health Care
				  Quality, or the Office of the Inspector General.
B. To ensure compliance and enforce this
				  chapter:
(1) The Office of Health Care Quality
				  shall have authority over a health care facility; and
(2) A health occupations board shall have
				  authority over an individual who is a health care provider.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.16 - Retention and Disposal of Medical Records and Protected Health Information › Section 10.01.16.09 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Damages. As
				  provided in Health-General Article, §4-403(g)(1), Annotated Code of
				  Maryland, a health care provider, record management service, or other person
				  who knowingly violates any provision of Health-General Article, Title 4,
				  Subtitle 4, is liable in court for actual damages.
B. Fines.
(1) A health care facility that knowingly
				  violates this chapter is subject to an administrative fine not to exceed
				  $10,000 for all violations cited in a single day.
(2) In addition to any other penalties
				  provided, an individual who is a health care provider, an agent, employee,
				  officer, or director of a health care provider, or a records management
				  service, who knowingly violates this chapter, is subject to administrative
				  fines as follows:
(a) The first fine or set of
				  fines assessed in a single day may not exceed $1,000;
(b) The second fine or second set of fines
				  assessed concurrently for all violations cited in a single day may not exceed
				  $2,500; and
(c) The third or
				  subsequent fine assessed, or third or subsequent set of fines assessed
				  concurrently, for all violations cited in a single day may not exceed
				  $5,000.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.17 - Fees for Food Protection, Public Pools, Public Spas, Public Spray Grounds, and Youth Camp Programs › Section 10.01.17.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to entities regulated by the Office of
					 Food Protection and the Office of Healthy Homes and
					 Communities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.17 - Fees for Food Protection, Public Pools, Public Spas, Public Spray Grounds, and Youth Camp Programs › Section 10.01.17.02 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Secretary:
A. Annual permit or inspection fee for:
(1) Bobtailer - $50;
(2) Bulk milk hauler/sampler - $50;
(3) Certified industry dairy farm inspector -
				  $10;
(4) Distribution station -
				  $25;
(5) Farmstead cheese processor
				  - $100;
(6) Milk processor - $100;
(7)Milk tank truck cleaning facility - $25;
(8) Milk transportation company -
				  $5, plus $5 for each milk tank truck;
(9) Receiving station - $25; and
(10) Transfer station - $25;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.18 - Sexual Abuse Awareness and Prevention Training › Section 10.01.18.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter:
A.
				  Prohibits inappropriate sexual behavior in covered programs; and
B. Adopts awareness and prevention training
				  and reporting requirements regarding inappropriate sexual behavior that a
				  covered program shall fulfill in order to be licensed by the Department or any
				  of its Administrations, or approved by the Department or any of its
				  Administrations to receive funding to provide services in Maryland
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.18 - Sexual Abuse Awareness and Prevention Training › Section 10.01.18.03 - Covered Program Policies

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation applies to the following covered programs as defined in Regulation
				  .02 of this chapter:
(1) State
				  facilities;
(2) Vocational and day
				  service programs;
(3) Psychiatric
				  rehabilitation programs for adults and minors;
(4) Residential rehabilitation programs;
				  and
(5) Supported employment
				  programs.