Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 22 - DEVELOPMENTAL DISABILITIES › Chapter 10.22.02 - Administrative Requirements for Licensees › Section 10.22.02.03 - Investigation by the Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation sets forth the roles of
				  the Developmental Disabilities Administration and the Office of Health Care
				  Quality in investigation and follow-up of reportable incidents.
B. Licensee to be Open for Inspection. A
				  licensee shall be open at all reasonable times to announced and unannounced
				  inspections by the Administration or its designee.
C. Records and Reports. A licensee shall
				  maintain records and make reports as required by the Administration. The
				  records and reports shall be open to inspection by the Administration. A
				  licensee shall immediately, on request of the Administration, provide copies of
				  the records and reports, including medical records of individuals, to the
				  Administration.
D. Protocol to
				  Determine Necessity to Investigate.
(1) The
				  Administration, through its agent, the Office of Health Care Quality (OHCQ),
				  shall investigate reportable incidents, events, or problems involving
				  individuals in a community agency or State residential center based on the
				  scope and severity in accordance with the Developmental Disabilities
				  Administration, Policy on Reportable Incidents and Investigations.
(2) The licensee shall report incidents in
				  accordance with the requirements and timelines outlined in the Developmental
				  Disabilities Administration, Policy on Reportable Incidents and
				  Investigations.
(3) The necessity
				  for investigation is determined by the following priorities:
(a) Priority Level 1-Immediate
				  Jeopardy-Initiate investigation within 2 working days of receipt;
(b) Priority Level 2-High-Initiate
				  investigation within 4 working days of receipt;
(c) Priority Level 3-Other Harm-Initiate an
				  investigation within 30 working days of receipt;
(d) Priority Level 4-Administrative
				  Review-Review during preparation for licensee's annual survey;
(e) Priority Level 5-Referrals-Refer to
				  internal OHCQ unit or appropriate agency for follow-up within 1 working day;
				  or
(f) Priority Level 6-Death-Upon
				  notification, refer to the Mortality Review Unit of OHCQ within 1 working day
				  for review and investigation.
(4) Timelines for Specific Reports and
				  Follow-Up Protocols.
(a) The licensee shall
				  submit a plan of correction (POC) within 10 working days of the receipt of
				  deficiencies. The POC due date may be sooner than 10 working days when the
				  nature of the deficiency warrants a more immediate response, as determined by
				  the OHCQ and as outlined in Appendix 6 of the Developmental Disabilities
				  Administration, Policy on Reportable Incidents and Investigations.
(b) If the POC is determined to be
				  acceptable, the OHCQ shall, whenever possible, within 10 working days of
				  approving the POC, send the statement of deficiency and the POC to the:
(i) Licensee who is required to share this
				  information with the individual receiving services, who is the specific subject
				  of a deficient practice, or to the resource coordinator, a guardian, or a
				  family member as appropriate and set forth in the Developmental Disabilities
				  Administration, Policy on Reportable Incidents and Investigations;
(ii) Complainant;
(iii) Agency's Executive Director and Board
				  President;
(iv) DDA Regional
				  Office;
(v) Maryland Disability Law
				  Center when required by Developmental Disabilities Administration Policy on
				  Reportable Incidents and Investigations;
(vi) Medicaid Fraud Control Unit of the
				  Attorney General's Office when required by Developmental Disabilities
				  Administration Policy on Reportable Incidents and Investigations; and
(vii) Any other parties determined to be
				  appropriate by OHCQ.
(c)
				  If the POC is determined to be unacceptable, the OHCQ shall, whenever possible,
				  notify the agency in writing within 5 working days of receipt of the issues
				  which require further review and consideration. The licensee shall resubmit to
				  OHCQ a revised POC within 5 working days from notification of an unacceptable
				  POC.
(d) OHCQ shall conduct
				  follow-up monitoring in accordance with Developmental Disabilities
				  Administration Policy on Reportable Incidents and Investigations.