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10.07.03.00.htm 10.07.03.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 07 HOSPITALS Chapter 03 Health Care Staff Agencies Authority: Health-General Article, §2-104 and Title 19, Subtitle 20, Annotated Code of Maryland
10.07.03.01.htm 10.07.03.01. 01 Purpose.. A. The purpose of this chapter is to set minimum standards for licensure of health care staff agencies providing services in Maryland.B. The regulations of this chapter do not preclude a health care staff agency from operating with independent contractors.
10.07.03.02.htm 10.07.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Abuse.. a) "Abuse" means:. i) The nontherapeutic infliction upon a resident of physical pain or injury; or. ii) A persistent course of conduct intended to produce, or resulting in, mental or emotional distress to a resident, for example, verbal intimidation of a resident.b) "Abuse" does not mean the performance of an accepted medical procedure ordered by a physician or
10.07.03.03.htm 10.07.03.03. 03 License Required.. A. A person, firm, corporation, partnership, or other business entity may not maintain or operate a health care staff agency in this State without first obtaining a license from the Secretary and complying with the regulations of this chapter.B. An agency shall post its license conspicuously onsite so that it is clearly visible to the general public.C. An out-of-State agency providing services in this State shall have a current Maryland license con
10.07.03.04.htm 10.07.03.04. 04 Restrictions of License.. A. A person operating an agency may not use the term “health care staff agency” in its advertising without first obtaining a license from the Secretary.B. A license is valid only in the name of the licensee to whom the license is issued and is not subject to sale, assignment, or other transfer.C. If the agency ceases to operate for any reason, the license is void and the licensee shall immediately return the license to the Department.
10.07.03.05.htm 10.07.03.05. 05 Licensing Procedure.. A. Application for Licensure.. 1) A person desiring to refer a health care practitioner to a health care facility to render temporary health care services in this State shall file an application with the Secretary, on a written or electronic form provided by the Secretary.2) The application for licensure shall contain the agency's business name, address, telephone number, and responsible party.3) Along with the application, the applicant shall
10.07.03.06.htm 10.07.03.06. 06 Changes to Licensure Information.. A. A licensee shall notify the Department of any change in agency ownership, name, or address within 30 calendar days of the change.B. Any change in agency ownership, name, or address requires the issuance of a new license. If the sale, transfer, assignment, or lease of an agency causes a change in the person or persons who control or operate the agency, the agency shall be considered a “new agency” and the new owner shall compl
10.07.03.07.htm 10.07.03.07. 07 Inspections by the Department.. A. The Department or its designee may conduct announced or unannounced licensure or complaint inspection visits to the agency's office or records repository, if utilized by an out-of-State agency, to ensure compliance with the requirements of this chapter.B. The agency's office or records repository, if utilized by an out-of-State agency, shall be available during normal business hours for announced or unannounced inspections b
10.07.03.08.htm 10.07.03.08. 08 Administration.. A. The agency shall develop, document, and implement policies and procedures.. B. Policies and procedures shall include, but are not limited to:. 1) Selecting and verifying the credentials of a health care practitioner referred by the agency;. 2) Validating the experience of a health care practitioner prior to referral by the agency;. 3) Tracking and acting on serious or life-threatening complaints received by a client, facility, or the client facility's agent;
10.07.03.09.htm 10.07.03.09. 09 Referral and Reporting Health Care Practitioners.. A. An agency may not knowingly provide or refer a heath care practitioner to render temporary services who is not authorized under Health Occupations Article, Annotated Code of Maryland, to practice their profession in Maryland.B. An agency and client facility shall ensure that the scope of practice of the referred health care practitioner is consistent with Health Occupations Article, Annotated CodeC. If an agency is aware
10.07.03.10.htm 10.07.03.10. 10 Civil Money Penalties ― Imposition.. A. The Department may impose a civil money penalty if a deficiency exists.. B. In determining whether a civil money penalty is to be imposed, the Department shall consider the following factors:1) The number, nature, and seriousness of the deficiencies;. 2) The extent to which the deficiencies are part of a pattern;. 3) The degree of risk to the health, life, or safety of the residents of the client facility caused by the deficiency or defi
10.07.03.11.htm 10.07.03.11. 11 Civil Money Penalties ― Amount of Penalty.. A. A civil money penalty imposed under this chapter for a first offense may not exceed:. 1) $2,500 for each instance of violation; or. 2) $2,500 per day until correction of the deficiency or deficiencies has been verified and compliance has been maintained.B. A civil money penalty imposed under this chapter for a second offense may not exceed:. 1) $5,000 for each instance of violation; or. 2) $5,000 per day until c
10.07.03.12.htm 10.07.03.12. 12 Civil Money Penalties ― Effective Date and Duration of Penalty.. A. Per-Instance Civil Money Penalty. The effective date may be as early as the date that the deficiency or deficiencies on which the civil money penalty is based first occurred.B. Per-Day Civil Money Penalty.. 1) The daily civil money penalty starts to accrue as of the date of the inspection, survey, or interview by the Department that identifies the deficiency or deficiencies on which the civil money penal
10.07.03.13.htm 10.07.03.13. 13 Civil Money Penalties ― Payment of Penalty/Establishment of Escrow Account.. A. A civil money penalty payment is due 15 calendar days after:. 1) The time period for requesting a hearing has expired, if a request for a hearing has not been received; or2) Receipt of a written request from the agency to waive its right to a hearing and reduce the amount of the civil money penalty by 40 percent, if the written request is received by the Department within 30 calendar days of t
10.07.03.14.htm 10.07.03.14. 14 Civil Money Penalties ― Hearings.. A licensee aggrieved by the imposition of a civil money penalty may appeal the action by filing a request for a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
10.07.03.15.htm 10.07.03.15. 15 Emergency Suspensions.. A. The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action pursuant to State Government Article, §10-226(c) Annotated Code of Maryland.B. The Department shall deliver a written notice to the agency:. 1) Informing the agency of the emergency suspension;. 2) Giving the reasons for the action and the regulation or regulations with which the licensee has f
10.07.03.16.htm 10.07.03.16. 16 Denial or Revocation of License.. A. Denial or Revocation of License. The Secretary, for cause shown, may notify the agency of the decision to revoke or deny the license. Except as provided in Regulation .15 of this chapter, the denial or revocation shall be stayed if a hearing is requested.B. Criteria for Denial or Revocation. The Department shall notify the agency in writing of the following:1) The effective date of the denial or revocation;.
10.07.03.17.htm 10.07.03.17. 17 Hearings.. A. An agency shall file a request for a hearing with the Office of Administrative Hearings, with a copy to the Office of Health Care Quality of the Department, not later than 30 calendar days after receipt of notice of the Secretary's action. This request shall include a copy of the Secretary's action.B. A hearing requested under this chapter shall be conducted in accordance with:. 1) State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland;.
10.07.03.9999.htm 10.07.03.9999. Administrative History Effective date: December 17, 2007 (34:25 Md. R. 2211) ―. Chapter revised effective September 15, 2014 (41:18 Md. R. 1009). Regulation .05A, D amended effective December 21, 2015 (42:25 Md. R. 1542) August 29, 2016 (43:17 Md. R. 953) March 13, 2017 (44:5 Md. R. 292)Regulation .05D amended effective June 5, 2017 (44:11 Md. R. 524). Regulation .06B amended effective August 29, 2016 (43:17 Md. R. 953).
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