reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.26-1 - Maryland Health Insurance Plan (MHIP) Assessment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission shall determine and assess
				  those funds necessary to operate and administer the MHIP. The Commission shall
				  adjust hospital rates to implement the revenue neutral assessment.
B. The Commission shall assess each hospital
				  up to 1 percent of its net patient revenue to operate and administer the MHIP.
				  There shall be no MHIP assessment for Fiscal Year 2016.
C. Beginning on September 5, 2003, each
				  hospital whose rates have been approved by the Commission shall remit monthly,
				  by the 5th of each month, 1/12 of its total share of the annual funding
				  assessment determined by the Commission to be owed by the hospital to the
				  Maryland Health Insurance Plan Fund as established under Insurance Article,
				  Title 14, Subtitle 5, Annotated Code of Maryland.
D. A hospital that fails to remit its funding
				  assessment due in a timely manner may be subject to an annualized interest
				  charge of 3 percentage points above the most recent average prime rate of
				  interest, as published in the "Money Rates" section of The Wall Street Journal,
				  on the unpaid balance. In addition, the Commission may impose penalties of up
				  to 5 percent of the amount of any underpayment made by the hospital.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.26-2 - Assessment for Savings in Averted Uncompensated Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. Beginning July 1, 2008, the Commission
				  shall assess annually a uniform, broad-based, and reasonable amount in hospital
				  rates to reflect the aggregate reduction in hospital uncompensated care
				  resulting from the expansion of health care coverage under Ch. 7, Acts of 2007
				  Special Session.
B. Given the
				  prospective nature of the rate system, the Commission shall ensure that the
				  assessment amount does not exceed the savings projected in averted hospital
				  uncompensated care from the health care coverage expansion. The Commission
				  shall notify hospitals annually of the amount to be assessed by July 1 of each
				  year, to be effective July 1.
C.
				  Beginning September 2008, on or before the 5th business day of each month, each
				  hospital assessed in accordance with Health-General Article §19-214,
				  Annotated Code of Maryland, and the provisions of this regulation shall make
				  payment into the Health Care Coverage Fund established under Health-General
				  Article, §15-701, Annotated Code of Maryland.
D. A hospital that fails to remit its monthly
				  funding assessment in a timely manner may be subject to an annualized interest
				  charge of 3 percent the most recent average prime rate of interest, as
				  published in the "Money Rates" section of the Wall Street Journal, on the
				  unpaid balance. In addition, the Commission may impose penalties of up to 5
				  percent of the amount of any underpayment made by the hospital.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.27 - Designated Interested Parties

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Designated interested parties for a specific rate review proceeding may
				  include:
(1) Those community oriented groups
				  which the Commission determines have a significant interest in the hospital and
				  its rate application;
(2) Those
				  third-party payors or their representatives who have been designated by the
				  Commission as interested parties for this proceeding;
(3) The hospital whose rates are being
				  reviewed;
(4) Maryland Health and
				  Higher Educational Facilities Authority for rate review proceedings concerning
				  hospitals with capital financing through the Authority.
(5) Group Hospitalization, Incorporated, for
				  rate review proceedings concerning hospitals with which it has contractual
				  relations; and
(6) Legal Aid Bureau
				  of Baltimore City.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.28 - Right to Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A hospital or any other party in a rate review proceeding
					 may be represented by legal counsel at any or all times during the proceeding,
					 but there is no requirement that parties have legal counsel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.29 - Challenges

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party to a
				  proceeding may challenge the ability of any member of the Commission to
				  consider the rates or issues in that proceeding. Excepting private conferences,
				  this challenge shall be made during the proceeding before its first hearing.
				  Challenges may not be permitted after the first hearing, except in
				  extraordinary circumstances.
B. A
				  challenge shall be verified in writing, specifying the member of the Commission
				  and shall set forth all its reasons. The challenge shall be filed with the
				  Commission and entered upon the record of the proceeding.
C. A copy of the challenge shall be forwarded
				  to the challenged member immediately after it is filed, and he may make
				  whatever response he deems proper and necessary.
D. The challenge shall be denied or allowed
				  by a majority of the Commission, excluding the challenged member. The order
				  based on the decision shall be filed with the Commission, entered in the record
				  of the proceeding and served on the challenged member and the challenging
				  party.
E. If a challenge to a
				  Commission member is allowed, he immediately shall cease all participation in
				  the proceeding in question as a Commission member.
F. The allowance of a challenge to a member
				  of the Commission may not, in itself, disqualify him from serving as a
				  Commission member in other matters and proceedings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.30 - Consolidation

Current through Register Vol. 51, No. 14, July 12, 2024
When two or more rate proceedings involve common questions
					 of fact, the Commission, upon a majority vote of its members, may order that
					 the common questions of fact be decided in a consolidated
					 proceeding.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.31 - Burden of Proof

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  proceedings initiated by a regular, temporary, or new hospital rate
				  application, the burden of proof of the reasonableness, equity, and lack of
				  undue discrimination of the proposed rates shall rest with the
				  hospital.
B. In proceedings
				  initiated by an application for an alternative method of rate determination,
				  the burden of proof of the applicability of the alternative method of rate
				  review to the hospital shall rest with the hospital.
C. In proceedings initiated by an order for
				  Commission review of established rates, the burden of proof of the
				  reasonableness, equity, and lack of undue discrimination of the established
				  rates under review shall rest with the hospital.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.32 - Severability

Current through Register Vol. 51, No. 14, July 12, 2024
If any section or provision of these regulations is
					 declared unconstitutional or void by any court of competent jurisdiction, or
					 its applicability to any person or circumstances is held invalid, the
					 constitutionality or validity of the remainder of the regulations and the
					 applicability to other persons and circumstances are not affected, and to this
					 end, the sections and provisions of these regulations are declared to be
					 severable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.33 - Petition for Promulgation, Amendment, or Repeal of Regulation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any interested
				  party may file with the Commission a petition for the promulgation, amendment,
				  or repeal of a regulation designed to implement, interpret, or prescribe law,
				  policy, organization, procedure, or practice requirements of the Commission.
				  The petition shall set forth:
(1) The interest
				  of the petitioner and the nature of the relief desired;
(2) Any facts, views, arguments, and data
				  deemed relevant by the petitioner;
(3) Verification under oath by the party or
				  by a duly authorized officer or agent of the party, whose address and title
				  shall be stated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.34 - Petition for Declaratory Ruling

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested person may file with the
				  Commission a petition for a declaratory ruling with respect to the manner in
				  which the Commission would apply a statute that the Commission enforces, a
				  regulation of the Commission, or an order of the Commission, to a person or
				  property on the facts set forth in the petition.
B. The petition for a declaratory ruling
				  shall be filed in writing and shall contain a statement describing in detail
				  the interest of the petitioner in making the request, the issues involved, a
				  statement of the facts, a listing of documents or statements, or both, to be
				  considered, and a sworn statement by the petitioner that the facts contained
				  there are true to the best of the person's knowledge and belief.
C. Sixty days from the receipt of the
				  petition the Commission shall inform the petitioner whether the petition will
				  be granted. If the petition is not granted the Commission shall inform the
				  petitioner in writing of the reasons for the denial. If the petition is
				  granted, the Commission shall inform the petitioner when to expect the
				  declaratory ruling.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.35 - Consideration and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Consideration.
(1) The petition shall be
				  granted whenever the Commission deems issuing a declaratory ruling advisable
				  under the circumstances.
(2) In
				  rendering its declaratory ruling, the Commission:
(a) Shall consider all the materials
				  submitted with the petition; or
(b)
				  May, in its discretion:
(i) Consult
				  individuals or materials outside the corners of the petition; or
(ii) Require argument of the question or
				  permit the introduction of evidence.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.10 - Rate Application and Approval Procedures › Section 10.37.10.36 - Effect and Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Effect.
(1) A declaratory ruling shall be binding
				  upon the Commission and the petitioner on the statement of facts covered in the
				  declaratory ruling and set forth in the petition.
(2) After notice and an opportunity to reply,
				  a declaratory ruling may be reconsidered, amended, altered, or revoked by the
				  Commission.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.11 - Rules of Procedure: Related Institutions › Section 10.37.11.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
"Commission" means the Health Services Cost Review
					 Commission created by Chapter 627, § 1, 1971 Laws of Maryland, and
					 Health-General Article, §19-202, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.11 - Rules of Procedure: Related Institutions › Section 10.37.11.02 - Report of Current and Prospective Charges

Current through Register Vol. 51, No. 14, July 12, 2024
A. All related institutions shall immediately
				  submit to the Commission a list of their current charges to patients.
B. All related institutions shall immediately
				  submit to the Commission their current interim Medicaid per diem rate, if any,
				  and any supplementary charges to Medicaid patients. All changes shall be
				  reported promptly to the Commission until the institution's Medicaid per diem
				  rate is approved by the Commission. Final per diem rates shall be filed with
				  the Commission during regular business hours.
C. All information filed pursuant to § A
				  and B, above shall be open to public inspection and shall be available for
				  examination at the offices of the Commission during regular business
				  hours.
D. Increases in the charges
				  to be applied to non-Medicaid patients to be admitted to the related
				  institution shall be submitted to the Commission at least 30 days before their
				  implementation. All information filed pursuant to this section shall be open to
				  public inspection and shall be available for examination at the offices of the
				  Commission during regular business hours.
E. Beginning with the second year of the
				  Commission rate-approval for Medicaid, increases in the charges to be applied
				  to patients who have already been admitted to a related institution may not
				  exceed the allowed percentage increase of Medicaid rates in that institution
				  without Commission approval.
F.
				  Before the second year of Commission rate-approval for Medicaid, the rate of
				  increase by related institutions may not exceed the Commission approved general
				  inflation increase for Medicaid patients without Commission approval. The
				  approved inflation increase in the Medicaid rate shall accumulate and may be
				  adjusted by the Commission for cost changes unique to an individual related
				  institution.
G. Patients Once
				  Admitted.
(1) All charges to patients who have
				  once been admitted to a related institution are subject to § E and F,
				  above.
(2) Patients "once admitted"
				  include:
(a) Patients going from a related
				  institution to a hospital and back to the related institution;
(b) Patients leaving a related institution
				  temporarily on a physician-approved leave and then returning to the related
				  institution;
(c) Anyone readmitted
				  to the same institution within a 2-week time period.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.12 - Cross-Subsidization › Section 10.37.12.01 - 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) "Cross-subsidization" means the practice
				  of charging a purchaser or class of purchaser more than the cost of care for a
				  service with the result that another purchaser or class of purchaser is charged
				  less than the cost of care for the same service.
(2) "Discount" means a reduction to
				  Commission-approved rates.
(3)
				  "Fixed-price contract" means an agreement or contract, written or oral, that
				  sets forth a preestablished price for the provision of hospital services, or
				  for the provision of hospital services in combination with physician or other
				  services, that differs from Commission-approved rates.
(4) Related Entity.
(a) "Related entity" means an entity that is
				  entering into at-risk arrangements for hospital-provided services and which is
				  either subject to the exercise of control or significant influence by the
				  management or operating policies of a hospital or exercises control over the
				  management or operating policies of a hospital. In either event, one of the
				  entities is, or may be, prevented from fully pursuing its own separate
				  interests by virtue of its relationship with the other entity.
(b) Examples of "related entity" transactions
				  include transactions between:
(i) A parent
				  and its subsidiaries;
(ii)
				  Subsidiaries of a common parent;
(iii) An entity and trusts for the benefit of
				  employees that are managed by or under the trusteeship of the entities'
				  management;
(iv) An entity and its
				  principal owners, management, or members of their immediate families;
(v) Affiliates (an entity that, directly or
				  indirectly through one or more intermediaries, controls, is controlled by, or
				  is under common control of another entity);
(vi) An entity and a joint venture whose
				  participants include the entity or a related entity; and
(vii) Two entities, both of which are
				  related, directly or indirectly, to a common entity.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.12 - Cross-Subsidization › Section 10.37.12.02 - Hospital Charges to Purchasers or Classes of Purchasers

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to
				  assure purchasers of health care hospital services that rates are set equitably
				  among all purchasers of services without undue discrimination, a hospital may
				  not intentionally or otherwise engage in cross-subsidization without approval
				  by the Commission. A hospital may grant a discount only as provided for in
				  COMAR 10.37.10.26N.
B. Without the prior approval of
				  the Commission, neither a hospital, a related entity, nor any entity or person
				  acting on behalf of or in concert with a hospital shall enter into a
				  fixed-price contract, or knowingly participate in or receive the benefit of any
				  arrangement, directly or indirectly, pertaining to the delivery of hospital
				  services. A hospital that has knowledge of such an arrangement shall promptly
				  notify the Commission in accordance with this section in order that the
				  Commission may determine whether the arrangement constitutes an unapproved
				  discount. In order to obtain prior approval of the Commission, the hospital
				  shall file a written application in accordance with COMAR
				  10.37.10.06N. he
				  filing of this application constitutes the filing of a required report under
				  Commission law and regulation. Failure to file an application before the date
				  on which a fixed-price contract is entered into, or the hospital or related
				  entity knowingly participates in or receives benefit of such an arrangement,
				  may subject the organization or organizations to fines up to $1,000 per day for
				  each day the arrangement exists without prior approval.
C. Factors to Consider When Reviewing a
				  Proposed Arrangement.
(1) In reviewing a
				  proposed arrangement under this regulation, the Commission shall consider the
				  following factors:
(a) Whether the hospital is
				  charging Commission-approved rates and whether payment for hospital services
				  provided is made on the basis of Commission-approved rates;
(b) Whether any proposed deviation from
				  Commission-approved rates is cost justified and does not result in any form of
				  cross-subsidization;
(c) Whether
				  payment at Commission-approved rates is made by an entity not related to the
				  hospital;
(d) The term of the
				  agreement and the termination provisions;
(e) The items or services to be furnished
				  under the proposed agreement, including but not limited to hospital services,
				  and the methodology for computing the payment for these services; and
(f) The proposed sources of funding for the
				  arrangement, including the source of funds to cover any anticipated or
				  unexpected losses under the arrangement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.12 - Cross-Subsidization › Section 10.37.12.03 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission
				  may impose penalties of up to $1,000 per day, which shall be instead of the
				  $100 per day penalty for failing to file reports as set forth in COMAR
				  10.37.01.03N, for
				  a required report submitted by a hospital that includes information which has
				  the effect of violating Regulation .02 of this chapter. The report shall be
				  considered substantially inaccurate and untimely filed.
B. A hospital that violates the provisions of
				  Regulation .02 of this chapter shall, in addition to any penalties imposed
				  under §A of this regulation, be subject to the overcharge and undercharge
				  penalties contained in COMAR
				  10.37.03.05N,
				  which shall be applied to the difference between what was actually charged by
				  the hospital and what the hospital would have been required to charge under a
				  valid Commission rate order based on accurate information filed. In addition,
				  the Commission may revoke any discount previously granted under COMAR
				  10.37.10.26N to a
				  third party that participates in an arrangement determined by the Commission to
				  constitute an unapproved discount or otherwise violates the provisions of
				  Regulation .02 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.01 - General Regulations › Section 10.38.01.02 - Requirements for Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
The following are requirements for an applicant educated in
					 an approved physical therapy or approved physical therapist assistant
					 curriculum in any state:
A.
				  Examination. The following shall be filed with the Board or the Board's agent:
(1) An application on the form the Board
				  requires;
(2) The application and
				  national licensing examination fees established in COMAR 10.38.07;
				  and
(3) Proof of completion of:
(a) A physical therapy or physical therapist
				  assistant curriculum; and
(b) Any
				  clinical training required under the curriculum.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.01 - General Regulations › Section 10.38.01.03 - Reexamination

Current through Register Vol. 51, No. 14, July 12, 2024
A. National
				  Licensing Examination.
(1) An applicant who
				  fails the examination shall repeat the examination.
(2) Fees.
(a) At least 6 weeks before the examination,
				  the applicant shall pay to the Board the reexamination fee as established in
				  COMAR 10.38.07.
(b) If the
				  applicant has taken the licensing examination twice in Maryland, the applicant
				  shall pay to the Board an application fee, as established in COMAR 10.38.07, in
				  addition to the reexamination fee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.01 - General Regulations › Section 10.38.01.04 - Issuance of Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Temporary License.
(1) The Board may issue a
				  temporary license to an applicant who, except for passing an examination
				  otherwise required under Health Occupations Article, Title 13, Annotated Code
				  of Maryland, has met the appropriate education and experience requirements for
				  a physical therapy license or a physical therapist assistant license set forth
				  under Health Occupations Article, §
											13-302, Annotated
				  Code of Maryland.
(2) The holder of
				  a temporary license shall:
(a) Practice under
				  direct supervision while the temporary license is in effect;
(b) Achieve a passing score on the Maryland
				  Physical Therapy jurisprudence exam; and
(c) Submit to a State and national criminal
				  history records check in accordance with Health Occupations Article, §
												13-302.1,
				  Annotated Code of Maryland.
(3) A temporary license is valid until:
(a) 90 days after issuance;
(b) The Board issues a full license to
				  practice physical therapy or limited physical therapy to the holder of the
				  temporary license; or
(c) The Board
				  revokes the temporary license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.01 - General Regulations › Section 10.38.01.05 - Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may
				  refuse to grant a license to any applicant who begins practice as a physical
				  therapist or a physical therapist assistant before being licensed to practice
				  in Maryland.
B. Practice after the
				  date of expiration of the license is prohibited.
C. An applicant shall complete the
				  application process within 1 year of the date of the paid application or
				  reapply for licensure.
D. The Board
				  may refuse to grant or renew a license to an applicant who has failed to pay
				  all outstanding fees to the Board.
E. The Board may not issue a license under
				  this subtitle if the results of the criminal history records check required
				  pursuant to Regulation .02D(3) of this chapter has not been received.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.02 - Code of Ethics › Section 10.38.02.01 - Code of Ethics

Current through Register Vol. 51, No. 14, July 12, 2024
A. The physical
				  therapist and physical therapist assistant shall provide care regardless of the
				  patient's:
(1) Race;
(2) Religion;
(3) Color;
(4) Age;
(5) National origin;
(6) Marital status;
(7) Sexual orientation;
(8) Gender identity; or
(9) Disability.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.02 - Code of Ethics › Section 10.38.02.02 - Sexual Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  physical therapist or physical therapist assistant may not engage in sexual
				  misconduct.
B. Sexual misconduct
				  includes, but is not limited to:
(1) Sexual
				  behavior with a client or patient in the context of a professional evaluation,
				  treatment, procedure, or service to the client or patient, regardless of the
				  setting in which the professional service is rendered;
(2) Sexual behavior with a client or patient
				  under the pretext of diagnostic or therapeutic intent or benefit;
(3) Solicitation of a sexual relationship,
				  whether consensual or nonconsensual, with a patient;
(4) Sexual advances requesting sexual
				  favors;
(5) Therapeutically
				  inappropriate or intentional touching of a sexual nature;
(6) A verbal comment of a sexual
				  nature;
(7) Physical contact of a
				  sexual nature with a patient;
(8)
				  Discussion of unnecessary sexual matters while treating a patient;
(9) The taking of photographs of patients for
				  a sexual purpose;
(10) Sexual
				  harassment of staff or students;
(11) An unnecessary sensual act or comment;
				  or
(12) Sexual contact with an
				  incompetent or unconscious patient.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.02 - Code of Ethics › Section 10.38.02.03 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Violation of Regulation .01 or .02 of this chapter may
					 result in the Board taking action to reprimand a licensee or place the licensee
					 on probation, or suspend or revoke the licensee's license. The Board may also
					 impose a penalty not exceeding $5,000.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.03 - Standards of Practice › Section 10.38.03.02 - Standards of Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Physical
				  Therapists.
(1) The physical therapist who
				  establishes or changes the plan of care shall be ultimately responsible for
				  patient care until another physical therapist:
(a) Provides services to the patient;
				  or
(b) Provides supervision to the
				  treating physical therapist assistant.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.03 - Standards of Practice › Section 10.38.03.02-1 - Requirements for Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The physical therapist shall document legibly the patient's chart each time the
				  patient is seen for:
(1) The initial visit,
				  by including the following information:
(a)
				  Date;
(b) Condition, or diagnosis,
				  or both, for which physical therapy is being rendered;
(c) Onset;
(d) History, if not previously
				  recorded;
(e) Evaluation and
				  results of tests (measurable and objective data);
(f) Interpretation;
(g) Goals;
(h) Modalities, or procedures, or both, used
				  during the initial visit and the parameters involved including the areas of the
				  body treated;
(i) Plan of care
				  including suggested modalities, or procedures, or both, number of visits per
				  week, and number of weeks; and
(j)
				  Signature, title (PT), and license number.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.03 - Standards of Practice › Section 10.38.03.03 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Violation of these regulations may result in the Board
					 taking action to reprimand a licensee, place a licensee on probation, or
					 suspend or revoke a license. The Board may also impose a penalty not exceeding
					 $5,000.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.04 - Physical Therapy Aide › Section 10.38.04.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A. In these
				  regulations, the following term has the meaning indicated.
B. Term Defined. "Physical therapy aide" or
				  "aide" means a person who performs certain physical therapy duties under the
				  direct supervision of a licensed physical therapist. This individual may be
				  known, also, as a physical therapy technician, a rehabilitation technician, an
				  athletic trainer, or be described by some other similar title.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.04 - Physical Therapy Aide › Section 10.38.04.02 - Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Supervision.
(1) The physical therapy aide shall be under
				  the direct supervision of a licensed physical therapist when performing those
				  physical therapy treatments that the aide is permitted to perform.
(2) Exceptions. An aide may:
(a) Perform non-treatment-related activities,
				  such as secretarial, clerical, and housekeeping duties without direct
				  supervision;
(b) Perform
				  patient-related activities that do not involve treatment (such as transporting
				  patients, undressing and dressing patients, removing and applying assistive and
				  supportive devices) without direct supervision;
(c) Assist a physical therapist assistant
				  when more than one individual is required to ensure the safety and welfare of
				  the patient during ambulation, transfers, or functional activities without
				  direct supervision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.04 - Physical Therapy Aide › Section 10.38.04.03 - Activities Which May Be Performed by Aides under Direct Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
The following activities may be performed by aides under
					 direct supervision:
A. Assist in the
				  practice of gait and ambulation;
B.
				  Assist in the practice of functional activities;
C. Assist in the practice of
				  transfers;
D. Assist in the routine
				  follow-up of specific exercises;
E.
				  Assist in the application of hot or cold packs;
F. Assist in the procedure of Hubbard
				  tank;
G. Assist in the procedure of
				  whirlpool;
H. Assist in the
				  application of contrast bath;
I.
				  Assist in the application of infrared; and
J. Assist in the application of paraffin
				  bath.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.04 - Physical Therapy Aide › Section 10.38.04.04 - Prohibited Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Evaluation may not be performed by aides.
B. Treatments other than those listed in
				  Regulation .03 of this chapter may not be performed by aides.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.04 - Physical Therapy Aide › Section 10.38.04.05 - Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A physical therapy aide who violates the above regulations
					 shall be considered by the Board to be practicing physical therapy in violation
					 of the Maryland Physical Therapy Practice Act and may be referred to the
					 appropriate State's Attorney's Office with a recommendation by the Board that
					 the physical therapy aide be prosecuted.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs procedures for disciplinary matters
					 and hearings before the State Board of Physical Therapy
					 Examiners.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.03 - Confidentiality of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as otherwise provided by law, the proceedings of the Board are
				  confidential and that confidentiality may not be waived by the
				  parties.
B. The Office of
				  Administrative Hearings' proceedings involving the adjudication of a Board
				  formal disciplinary action and the administrative law judge's recommended
				  decision are confidential.
C. The
				  respondent may not waive the confidentiality of the:
(1) Proceedings; or
(2) Patients whose medical records or care
				  are reflected in the record of the proceedings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.04 - Representation by Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  respondent may be represented by counsel at any stage of a formal disciplinary
				  action.
B. If a hearing is held,
				  the respondent shall be represented:
(1) In
				  proper person; or
(2) By an
				  attorney who has been:
(a) Admitted to the
				  Maryland Bar; or
(b) Specially
				  admitted to practice law pursuant to Maryland Rules, Rules Governing Admission
				  to the Bar of Maryland, Rule 16, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.05 - Disposition of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. For
				  each complaint, after reviewing any completed investigative information or
				  reports, the Board shall:
(1) Dismiss the
				  complaint;
(2) Close the case with
				  informal action;
(3) Issue a cease
				  and desist order;
(4) Refer the
				  matter for further investigation;
(5) Refer the matter to an administrative
				  prosecutor; or
(6) Vote to:
(a) Charge a licensee with a violation of the
				  Maryland Physical Therapy Act;
(b)
				  Consider the matter as a basis for a summary suspension;
(c) Initially deny a license or reinstatement
				  of a license; or
(d) Accept the
				  surrender of a license subject to conditions acceptable to the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.06 - Notice of Charges or Notice of Initial Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board issues charges or a notice of
				  initial denial, the document shall be:
(1)
				  Served on the respondent by certified mail at the address the respondent is
				  required to maintain with the Board; or
(2) Hand-delivered in person.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.07 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for a
				  show cause hearing, written notice of all hearings shall be sent by the
				  Executive Director or an officer of the Board to all parties at least 30 days
				  before the hearing.
B. The Board
				  shall serve the notice of hearing by either:
(1) Certified mail at the address the
				  respondent is required to maintain with the Board; or
(2) Hand-delivery in person.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.08 - Prehearing Conference and Case Resolution Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may set a prehearing conference
				  or a case resolution conference, or both.
B. The prehearing conference may be used to
				  prepare for the hearing by:
(1) Delineating
				  the issues;
(2) Stipulating to
				  facts, laws, and other matters;
(3)
				  Arranging a schedule for the exchange of documents and witnesses;
(4) Arranging a schedule for the submission
				  of motions and responses to motions; or
(5) Addressing any other matters that will
				  promote the orderly and efficient conduct of the hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.09 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discovery on
				  Request. By written request served on the other party and filed with the Board
				  or the Office of Administrative Hearings, as appropriate, a party may require
				  another party to produce, within 15 days, the following:
(1) A list of witnesses to be
				  called;
(2) Copies of documents
				  intended to be produced at the hearing; or
(3) Both §A(1) and (2) of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.10 - Evidentiary Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Hearings shall be conducted pursuant to the Administrative Procedure
				  Act.
B. The Board may delegate its
				  authority to conduct hearings to:
(1) A
				  hearing committee of the Board; or
(2) The Office of Administrative
				  Hearings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.11 - Recommended Decisions, Exceptions Hearings, and Oral Argument

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a case has
				  been delegated to a hearing committee of the Board or to the Office of
				  Administrative Hearings pursuant to State Government Article, §
										10-205, Annotated
				  Code of Maryland, the hearing committee or administrative law judge shall
				  prepare a recommended decision for consideration by a quorum of the
				  Board.
B. A quorum of the Board may
				  include members of the hearing committee.
C. The hearing committee shall issue a
				  recommended decision within 90 days of the conclusion of the hearing. This
				  90-day time frame may be extended by a majority vote of a quorum of the
				  Board.
D. The Board shall notify
				  the parties of the parties' right to:
(1)
				  File written exceptions to the recommended decision issued by the
				  administrative law judge or the hearing committee; and
(2) Present oral argument to the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.12 - Revocation of Hearing Authority from the Office of Administrative Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Consistent with
				  the provisions of State Government Article, §
										10-205, Annotated
				  Code of Maryland, the Board may revoke authority delegated to the Office of
				  Administrative Hearings by written notice.
B. Criteria for Revocation of Authority in a
				  Specific Case. The Board may revoke all or part of the Office of Administrative
				  Hearings' authority in a specific case if the case:
(1) Involves novel or unanticipated factual
				  or legal issues;
(2) Has
				  significant fiscal consequences to the Board;
(3) Involves policy issues of general
				  applicability; or
(4) Is likely to
				  have precedential value.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.13 - Summary Suspensions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall order the summary suspension of a license if the Board determines
				  that there is a substantial likelihood that a licensee poses a risk of harm to
				  the public health, safety, or welfare.
B. Based on information gathered in an
				  investigation or otherwise provided to the Board, the Board may vote to issue:
(1) A notice of an intent to summarily
				  suspend a license; or
(2) An order
				  of summary suspension.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.14 - Surrender of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board may accept the surrender of a license.
B. The Board may require conditions for
				  surrender of a license, including but not limited to:
(1) The admission of a violation of the
				  Maryland Physical Therapy Act;
(2)
				  The admission of facts;
(3) A
				  statement of the circumstances under which the surrender was offered or
				  accepted;
(4) Restrictions on
				  future licensing;
(5) Conditions
				  for reinstatement of the license; or
(6) An agreement that the respondent may not
				  again apply for a license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.15 - Probation and Violation of Probation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board imposes a period of probation
				  as a sanction, the Board may impose conditions of probation which the Board
				  deems appropriate, including:
(1)
				  Re-education or completion of approved courses;
(2) Payment of a fine;
(3) Practicing physical therapy or limited
				  physical therapy under supervision;
(4) Monitoring by the Board or by an
				  individual or entity approved by the Board with periodic reporting to the
				  Board;
(5) Periodic review of a
				  licensee's practice;
(6) Periodic
				  audits of a licensee's billing practice;
(7) An examination by a physician or other
				  appropriate health care provider;
(8) Limitation of the licensee's
				  practice;
(9) Drug
				  screenings;
(10) Individual or
				  group counseling or therapy;
(11)
				  Obtaining a passing score on an appropriate examination; or
(12) Any other condition the Board deems
				  appropriate for the rehabilitation or retraining of a licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.16 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee shall
				  petition the Board for a lifting of the suspension of a license or a
				  reinstatement following revocation or surrender of a license.
B. The Board may reinstate a license only in
				  accordance with:
(1) The terms and conditions
				  of the order of revocation or suspension;
(2) A letter of surrender;
(3) An order of reinstatement issued by the
				  Board; or
(4) A final judgment in
				  any proceeding for judicial review.