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10.07.09.00.htm 10.07.09.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 07 HOSPITALS Chapter 09 Residents' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities Authority: Health-General Article, §19-343―19-347 and 19-349―19-352, Annotated Code of Maryland
10.07.09.01.htm 10.07.09.01. 01 Scope.. The provisions of this chapter apply to a health care facility which is licensed as a comprehensive or extended care facility under COMAR 10.07.02. These facilities are generally known as "nursing facilities" Failure to comply with the regulations of this chapter is ground for licensure enforcement actions.
10.07.09.02.htm 10.07.09.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Abuse of a Resident.. a) "Abuse of a resident" means:. i) The nontherapeutic infliction upon a resident of physical pain or injury, for example, striking a resident; orii) 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 of a resident"
10.07.09.03.htm 10.07.09.03. 03 Resident's Representative.. A. A nursing facility or nursing facility's agent shall recognize the authority of:. 1) A guardian of the person under Estates and Trusts Article, §13-705, Annotated Code of Maryland;. 2) A guardian of the property under the Estates and Trusts Article, §13-201, Annotated Code of Maryland;3) An advance directive established in compliance with Health-General Article, §5-602, Annotated Code of Maryland;4) A surrogate decision maker with authority under
10.07.09.04.htm 10.07.09.04. 04 Admission Procedures and Requirements.. A. At the time of admission of a resident, and whenever information changes during the resident's stay, the nursing facility shall notify the resident and, when applicable, a representative or interested family member, in writing and orally, in a language that is easily understood of all terms of admission including, but not limited to the:1) Residents' Bill of Rights;.
10.07.09.05.htm 10.07.09.05. 05 Admission Prohibitions.. A. The acts in §B of this regulation are admission prohibitions.. B. A nursing facility may not:. 1) Require or solicit, as a condition of admission into the nursing facility, the signature of an individual other than the applicant on the application or contract for admission to the nursing facility, unless the:a) Applicant is adjudicated disabled in accordance with Estates and Trusts Article, §13-701, Annotated Code of Maryland; or
10.07.09.06.htm 10.07.09.06. 06 Admission Contract Required.. A. Before or upon admission, a nursing facility and applicant or, when applicable, the applicant's agent, shall execute an admission contract which has been approved by the Department.B. If the Department has approved a model contract, a nursing facility shall include within its contract, at a minimum, all of the provisions of the model contract.C. The nursing facility shall carefully explain all clauses of the contract and answer all questions
10.07.09.07.htm 10.07.09.07. 07 Third-Party Signature on Admission Contract.. A. If a facility requires an individual, other than the applicant or resident, to sign the admission contract, the conditions of Regulation .05B(1) of this chapter shall be met.B. If an agent, as defined in Regulation .02B(3) of this chapter, signs the contract, the agent accepts responsibility to pay for the cost of the resident's care only to the extent of the resident's available funds and assets.C. If an agent, as define
10.07.09.08.htm 10.07.09.08. 08 Resident's Rights and Services.. A. A nursing facility shall provide care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect, and in full recognition of the resident's individuality.B. A nursing facility may not interfere with a resident's exercise of rights guaranteed under the Constitution or laws of the United States and Maryland.C. A resident has the right to:. 1) Reside and receive services in a nursing facili
10.07.09.09.htm 10.07.09.09. 09 Implementation of Residents' Bill of Rights.. A nursing facility shall:. A. Ensure that:. 1) The rights of residents as set forth in the Residents' Bill of Rights are protected, including but not limited to informing each resident of the resident's right to select a physician and pharmacy of the resident's choice;2) Employees of the nursing facility are trained to:. a) Respect and enforce the Residents' Bill of Rights and the nursing facility's policies and procedu
10.07.09.10.htm 10.07.09.10. 10 Resident Transfers and Discharges.. A. A nursing facility may not involuntarily transfer or discharge a resident from the nursing facility unless the:1) Transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the nursing facility;2) Transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the health care or services provided by the nursing facility;
10.07.09.11.htm 10.07.09.11. 11 Involuntary Discharge or Transfer of a Resident.. A. In addition to the provisions of Regulation .10 of this chapter, a facility may not involuntarily discharge or transfer a resident unless, within 48 hours before the discharge or transfer, the facility has:1) Provided or obtained:. a) A comprehensive medical assessment and evaluation of the resident, including a physical examination, that is documented in the resident's medical record;b) A post-discharge plan
10.07.09.12.htm 10.07.09.12. 12 Resident Relocation and Bed Hold.. A. Notification of Resident Relocation Within a Facility.. 1) Except in emergency situations or when it is documented in the resident's record that a resident's physical, clinical, or psychological well-being would be jeopardized, a nursing facility shall notify a resident or, when applicable, the resident's representative or interested family member, if available, in writing at least 30 days before the resident is relocated withi
10.07.09.13.htm 10.07.09.13. 13 Hearings for Transfers and Discharges, and Establishment of an Escrow Account.. A. A resident may request a hearing within 30 days of receiving a notice of an intended involuntary transfer or discharge as provided in Regulation .10C of this chapter.B. Except in an emergency or when the resident has resided in a facility for less than 30 days, after a request for a hearing has been filed, a nursing facility may not discharge or transfer the resident until:1) A final decision is is
10.07.09.14.htm 10.07.09.14. 14 Physical and Chemical Restraints.. A. Physical restraints may be used only:. 1) As an integral part of an individual medical treatment plan;. 2) If absolutely necessary to protect the resident or others from injury;. 3) If prescribed by a physician or administered by another health care professional practicing within the scope of their license; and4) If less restrictive alternatives were considered and appropriately ruled out by the physician.. B. Use of Physical Restraints..
10.07.09.15.htm 10.07.09.15. 15 Abuse of Residents.. A. A nursing facility shall develop and implement policies and procedures prohibiting abuse and neglect of residents.B. A nursing facility may not knowingly employ an individual who has been convicted of abusing or neglecting a resident or who has had a finding entered into the State Nurse Aide Registry concerning abuse or neglect of a resident or misappropriation of a resident's property.C. Reports of Abuse.. 1) A person who believes
10.07.09.16.htm 10.07.09.16. 16 Complaint Procedure.. A. A resident, the resident's representative, or an interested individual has the right to:. 1) Make a complaint about the nursing facility;. 2) Recommend a change in facility policy and procedure; and. 3) Be free from reprisal, restraint, interference, coercion, or discrimination by the nursing facility or its employees as a result of making a complaint or recommending a change in policy.
10.07.09.17.htm 10.07.09.17. 17 Personal Property of Residents.. A. Personal Possessions.. 1) A resident has the right to retain and use personal possessions, including furnishings and appropriate clothing as space permits, unless to do so would be detrimental to the rights or health and safety of other residents.2) A facility shall take reasonable steps to ensure the safety and security of the personal belongings of its residents.3) A facility shall provide a reasonable amount of locked storage space for
10.07.09.18.htm 10.07.09.18. 18 Protection of a Resident's Personal Funds.. A. A resident has the right to:. 1) Manage the resident's financial affairs; or. 2) Choose any person who is willing to handle the resident's financial affairs.. B. Except as authorized by being appointed representative payee, a nursing facility may not manage a resident's funds without an express written request from:1) The resident; or. 2) An agent who has legal authority to make decisions regarding the resident's funds..
10.07.09.19.htm 10.07.09.19. 19 Records of Resident Personal Funds.. A. Records. For all resident funds entrusted to a nursing facility, the facility shall:. 1) Maintain an individual record for the funds of each resident, which includes the following information regarding each fund transaction:a) The date of the transaction;. b) The type of transaction, whether it is a deposit, withdrawal, or any other transaction;. c) When the transaction is a withdrawal or deposit, reference to a numbered receipt; and.
10.07.09.20.htm 10.07.09.20. 20 Misuse of Resident's Funds.. A. A person may not misappropriate a resident's assets or income, including spending the resident's assets or income against or without the resident or resident's agent's consent, except as permitted by Regulation .19B(4) of this chapter.B. A person who believes that there has been an abuse of a resident's funds may make a complaint to the:1) Local department of social services;.
10.07.09.9999.htm 10.07.09.9999. Administrative History Effective date: December 30, 1977 (4:27 Md. R. 2107). Regulations .01―03 amended effective December 16, 1985 (12:25 Md. R. 2472). Regulation .02K and .03K adopted effective August 30, 1982 (9:17 Md. R. 1708). Regulation .03C amended effective August 30, 1982 (9:17 Md. R. 1708) ―. Regulations .01―03 under COMAR 10.07.09 Patients' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities repealed and new Regulations .01―20 under COMAR 10
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