Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 07 - HOSPITALS › Chapter 10.07.02 - Nursing Homes › Section 10.07.02.04 - Licensing Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application for License.
(1) An applicant
				  desiring to open a comprehensive care facility or an extended care facility
				  shall file an application with the Secretary, on a written or electronic form
				  provided by the Secretary.
(2) An
				  application for a license shall be filed with the Department at least 60 days
				  before the anticipated issuance of the license.
(3) Applications on behalf of a legal entity
				  shall be made by the senior officer or other senior official and a second
				  official, if any.
(4) All members
				  of the governing body shall be disclosed, with their business
				  addresses.
(5) The applicant shall
				  complete all disclosure required by the Secretary, including:
(a) Ownership of real property;
(b) The identity of any management company
				  that will operate or contract with the applicant to operate the
				  facility;
(c) Ownership of
				  equipment; and
(d) The names of
				  persons holding 5 percent or greater of stocks or assets.
(6) The applicant for a license to operate a
				  comprehensive care facility or an extended care facility is the licensee.
				  Responsibility for conformance with licensing standards and regulations rests
				  upon the licensee. Those licensees requesting participation in the Maryland
				  Medicaid program shall comply with the Medicaid contract.
(7) Additional Requirements.
(a) The Secretary shall require an applicant
				  for licensure to submit to the Secretary the following information concerning
				  the applicant's:
(i) Past or current operation
				  of a nursing home, other health care facility as defined in Health-General
				  Article, § 19-114, Annotated Code of Maryland, assisted living program,
				  residential service agency or other licensed in-home care service, or licensed
				  community program for individuals with developmental disabilities, substance
				  abuse, or mental health needs, located within or outside this State;
(ii) Ability to comply with the applicable
				  standards of medical and nursing care and applicable State or federal laws and
				  regulations by disclosing the identities of its medical director, director of
				  nursing, and administrator, and by providing the nursing home's quality
				  assurance plan, as required in Regulation .66 of this chapter; and
(iii) Financial and administrative ability to
				  maintain a nursing home in compliance with these regulations, including
				  submission of an audited financial statement, whether or not the applicant ever
				  operated a nursing home, related institution, or other health care
				  facility.
(b) The
				  Secretary shall:
(i) Approve the application
				  unconditionally;
(ii) Approve the
				  application with conditions, such as requiring the applicant to use the
				  services of a management firm, requiring a staffing pattern, or limiting
				  admissions to the facility; or
(iii) Deny the application.
(c) A person who disagrees with
				  the decision of the Secretary to deny a license application under this section
				  may appeal the Secretary's action by filing a request for a hearing in
				  accordance with Regulation .78 of this chapter.