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10.07.14.00.htm 10.07.14.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 07 HOSPITALS Chapter 14 Assisted Living Programs Authority: Health-General Article, Title 19, Subtitle 18, Annotated Code of Maryland
10.07.14.01.htm 10.07.14.01. 01 Purpose.. The purpose of this chapter is to set minimum, reasonable standards for licensure of assisted living programs in Maryland. This chapter is intended to maximize independence and promote the principles of individuality, personal dignity, freedom of choice, and fairness for all individuals residing in assisted living programs while establishing reasonable standards to promote individuals' health and safety.
10.07.14.02.htm 10.07.14.02. 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 physical, sexual, mental, or verbal abuse, or the improper use of physical or chemical restraints or involuntary seclusion as those terms are defined in this regulation.b) "Abuse of a resident" does not include:. i) The performance of an accepted medical procedure ordered by a physician or administered by anothe
10.07.14.03.htm 10.07.14.03. 03 Incorporation by Reference.. In this chapter, the following documents are incorporated by reference:. A. Maryland's Assisted Living Resident Assessment and Level of Care Scoring Tool, DHMH Form #4506, November 2006, Maryland Department of Health and Mental Hygiene, Office of Health Care Quality;B. Maryland Assisted Living Program Uniform Disclosure Statement, DHMH Form # 4662, November 2006, Maryland Department of Health and Mental Hygiene, Office of Health Care Quality;
10.07.14.04.htm 10.07.14.04. 04 License Required.. A. A person may not operate an assisted living program in this State without obtaining a license from the Secretary and complying with the requirements of this chapter.B. Providing housing under a landlord-tenant arrangement does not, in and of itself, exclude a person from the licensure requirements of this chapter.C. Separate Licenses Required. Separate licenses are required for assisted living programs that are maintained on the same or
10.07.14.05.htm 10.07.14.05. 05 Levels of Care.. A. A licensee may provide:. 1) The level of care for which the assisted living program has been approved; and. 2) Any lower level of care.. B. At the time of initial licensure and each subsequent renewal, an applicant shall request approval to provide services at one of the three levels of care set forth in §G of this regulation. An applicant or licensee shall demonstrate that it has the capacity to provide the level of care requested either directly or through
10.07.14.06.htm 10.07.14.06. 06 Restrictions.. A. Nomenclature about Additional Appropriate Licensure. An assisted living program licensed under this chapter may not use in its title or advertising the words "hospital" "sanitarium" "nursing" "convalescent" "rehabilitative" "sub-acute" or "hospice"B. Advertising.. 1) Prohibited Terms. A person operating an assisted living program may not use the term "assisted living" in its advertising without being licensed as an assisted living program by the Department.
10.07.14.07.htm 10.07.14.07. 07 Licensing Procedure.. A. Application for License.. 1) To obtain and maintain a license, an applicant shall meet all of the requirements of:. a) This chapter;. b) Other applicable federal, State, and local laws and regulations; and. c) Health-General Article, §19-311, Annotated Code of Maryland, if the program provides services to 17 or more residents.2) An applicant shall submit:. a) An application on a written or electronic form developed by the Department;.
10.07.14.08.htm 10.07.14.08. 08 Changes in a Program that Affect the Operating License.. A. Increase in Capacity or Name Change.. 1) During the license period, a licensee may not increase capacity, change its name, or change the name under which the program is doing business, without the Department's approval. When there is a change of program ownership or a change of location, the licensee shall submit a new application and written request for a new license and an application fee, as established in
10.07.14.09.htm 10.07.14.09. 09 Licensure Standards Waiver.. A. The Department may grant an assisted living program a waiver from the licensure requirements of this chapter with, or without, conditions.B. The Department may not, however, grant a waiver from the requirements of Regulation .22I of this chapter. If, however, two individuals having a long-term or otherwise significant relationship wish to be admitted to a program in order to reside in the program together, and one of the individuals r
10.07.14.10.htm 10.07.14.10. 10 Uniform Disclosure Statement.. A. When an assisted living program changes the services reported on its Uniform Disclosure Statement filed with the Office of Health Care Quality under Regulation .07A(2)b) of this chapter, the program shall file an amended Uniform Disclosure Statement with the Office within 30 days of the change in services.B. If an individual requests a copy of an assisted living program's Uniform Disclosure Statement, the assisted living program
10.07.14.11.htm 10.07.14.11. 11 Investigation by Department.. A. Assisted Living Program to Be Open for Inspection.. 1) An assisted living program operated by a licensee, and any premises proposed to be operated as an assisted living program, shall be open at all times to announced or unannounced inspections by the Department and by any agency designated by the Department.2) Any part of the facility, and any surrounding accessory buildings which may be entered by staff or residents, are consider
10.07.14.12.htm 10.07.14.12. 12 Compliance Monitoring.. A. The Department shall be responsible for monitoring and inspecting assisted living programs to ensure compliance with the regulatory requirements of this chapter.B. Consistent with an interagency agreement, the Department may delegate certain aspects of its monitoring, inspection, or waiver responsibilities to the Department of Aging or a local health department.C. The Department or its designee may conduct announced or unannounced lice
10.07.14.13.htm 10.07.14.13. 13 Administration.. A. Quality Assurance.. 1) The assisted living program shall develop and implement a quality assurance plan.. 2) Quality Assurance Plan.. a) The assisted living manager and the delegating nurse shall meet at least every 6 months to review the:i) Change in status of the program's residents;. ii) Outcomes of pharmacy reviews;. iii) Service plan requirements; and. iv) Written recommendations or findings of the consultant pharmacist, as required by Regulation .29J
10.07.14.14.htm 10.07.14.14. 14 Staffing Plan.. A. Following an analysis of the number of residents that the assisted living program intends to serve and the individual needs of each resident, the licensee shall develop a staffing plan that identifies the type and number of staff needed to provide the services required by this chapter.B. The staffing plan shall include on-site staff sufficient in number and qualifications to meet the 24-hour scheduled and unscheduled needs of the residents. When a resident
10.07.14.15.htm 10.07.14.15. 15 Assisted Living Manager.. A. Qualifications.. 1) The assisted living manager shall at a minimum:. a) Be 21 years old or older;. b) Possess a high school diploma, a high school equivalency diploma, or other appropriate education and have experience to conduct the responsibilities specified in §C of this regulation;c) For level 3 licensed programs, have:. i) A 4-year, college-level degree;. ii) 2 years experience in a health care related field and 1 year of experie
10.07.14.16.htm 10.07.14.16. 16 Assisted Living Managers ― Training Requirements.. A. In addition to the requirements in Regulation .15 of this chapter, by January 1, 2006, an assisted living manager of a program that is licensed for five beds or more shall complete a manager training course that is approved by the Department.B. The completed manager's training course shall:. 1) Consist of at least 80 hours of course work and include an examination;. 2) Consist of training programs that include direc
10.07.14.17.htm 10.07.14.17. 17 Assisted Living Manager Training ― Basic Courses.. A. The assisted living manager's training shall include the following courses:. 1) Philosophy of assisted living, 2 hours, including:. a) Philosophy and background of assisted living and aging in place;. b) Objectives and principles of assisted living resident programs;. c) Comparison of assisted living to other residential programs;. d) Basic concepts of choice, independence, privacy, individuality, and dignity; and.
10.07.14.18.htm 10.07.14.18. 18 Alternate Assisted Living Manager.. An alternate individual shall:. A. Be available to assume the responsibilities described in Regulation .15C(2)a)l) of this chapter when the assisted living manager is not available;B. Be 21 years old or older;. C. Have 2 years of experience in a health-related field; and. D. Meet the qualifications of Regulation .19B(2)8) of this chapter..
10.07.14.19.htm 10.07.14.19. 19 Other Staff ― Qualifications.. A. The licensee shall employ or contract with sufficient numbers of other staff to ensure that the assisted living program is capable of meeting the requirements of this chapter, and all other applicable laws and regulations, in a manner consistent with the philosophy of assisted living and in compliance with generally accepted standards of care for the specific conditions of the residents the assisted living program intends to serve.
10.07.14.20.htm 10.07.14.20. 20 Delegating Nurse.. A. The assisted living program shall have a current and signed agreement with a registered nurse for services of a delegating nurse and delegation of nursing tasks. If the delegating nurse is an employee of the assisted living program, the employee's job description may satisfy this requirement.B. The program shall maintain documentation that the delegating nurse has completed the mandatory training course developed by the Board of Nursing.
10.07.14.21.htm 10.07.14.21. 21 Preadmission Requirements.. A. Before Move In.. 1) Before admission the assisted living manager or designee shall determine whether:. a) The resident may be admitted under the assisted living program's licensure category; and. b) The resident's needs can be met by the program.. 2) Within 30 days before admission, the assisted living manager or designee shall determine admission eligibilities described in §A(1) of this regulation based on completion of a resident assessment u
10.07.14.22.htm 10.07.14.22. 22 Resident-Specific Level of Care Waiver.. A. A licensee may request a resident-specific waiver to continue to provide services to a resident if:1) The resident's level of care exceeds the level of care for which the licensee has authority to provide; or2) The resident would require care that falls into one of the categories set forth in §I of this regulation.B. A licensee may not continue providing services to a resident whose needs exceed the level of care
10.07.14.23.htm 10.07.14.23. 23 Admission Requirements.. If an assisted living program requires payment of funds before admission, the funds shall be fully refundable unless the assisted living program discloses, in writing, what portion is not refundable.
10.07.14.24.htm 10.07.14.24. 24 Resident Agreement ― General Requirements and Nonfinancial Content.. A. Except as otherwise provided under §E of this regulation, for a person admitted for other than short-term residential care, the resident or the resident's agent and the assisted living manager shall sign, before or at the time of admission, a resident agreement that:1) Is a clear and complete reflection of commitments agreed to by the parties, and the actual practices that will occur in th
10.07.14.25.htm 10.07.14.25. 25 Resident Agreement ― Financial Content.. A. The resident agreement shall include financial provisions, which include at a minimum:. 1) Obligations of the licensee and the resident, or the resident's agent, as to:. a) Handling the finances of the resident;. b) The purchase or rental of essential or desired equipment and supplies;. c) Arranging and contracting for services not covered by the resident agreement;.
10.07.14.26.htm 10.07.14.26. 26 Service Plan.. A. The assisted living manager, or designee, shall ensure that all services are provided in a manner that respects and enhances the dignity, privacy, and independence of each resident. A service plan for each resident shall be developed in a manner that enhances the principles of dignity, privacy, resident choice, resident capabilities, individuality, and independence without compromising the health or reasonable safety oB. Assessment of Condition..
10.07.14.27.htm 10.07.14.27. 27 Resident Record or Log.. A. The assisted living manager shall ensure that an individual record or log is maintained at the facility for each resident in a manner that ensures security and confidentiality, and which includes at a minimum:1) The documentation required by Regulations .21 and .26 of this chapter;. 2) Medical orders;. 3) Rehabilitation plans, if appropriate;. 4) The service plan;. 5) Care notes as indicated in §D of this regulation; and.
10.07.14.28.htm 10.07.14.28. 28 Services.. A. Meals.. 1) The assisted living manager shall ensure that:. a) A resident is provided three meals in a common dining area and additional snacks during each 24-hour period, 7 days a week;b) Meals and snacks are well-balanced, varied, palatable, properly prepared, and of sufficient quality and quantity to meet the daily nutritional needs of each resident with specific attention given to the preferences and needs of each resident;c) All food is prepared i
10.07.14.29.htm 10.07.14.29. 29 Medication Management and Administration.. A. All staff who administer medications to residents shall have completed the medication administration course that is taught by a registered nurse who is approved by the Maryland Board of Nursing.B. The assisted living manager shall document completion of the medication technician training in the personnel file or other readily available record of each unlicensed staff member who administers medications.
10.07.14.30.htm 10.07.14.30. 30 Alzheimer's Special Care Unit.. A. Written Description. At the time of initial licensure, an assisted living program with an Alzheimer's special care unit shall submit to the Department a written description of the special care unit using a disclosure form adopted by the Department. The description shall explain how:1) The form of care and treatment provided by the Alzheimer's unit is specifically designed for the specialized care of individuals diagnosed with Alz
10.07.14.31.htm 10.07.14.31. 31 Incident Reports.. A. Staff of the assisted living program shall complete an incident report within 24 hours of having knowledge that an incident, as defined in Regulation .02B(35) of this chapter, occurred.B. The assisted living program shall make incident reports available on the premises to the Department and any government agency designated by the Department.C. All incident reports shall include:. 1) Time, date, place, and individuals present;.
10.07.14.32.htm 10.07.14.32. 32 Records.. A. The assisted living program shall maintain a resident's record for 5 years after the resident is discharged.B. If an assisted living program ceases operation, the assisted living program shall make arrangements to retain records as required by §A of this regulation.C. An assisted living program shall:. 1) Maintain the privacy and confidentiality of a resident's medical records;. 2) Release medical records or medical information about a resident only wit
10.07.14.33.htm 10.07.14.33. 33 Relocation and Discharge.. A. Relocation within the Facility.. 1) The assisted living program may not relocate a resident within the facility except in accordance with the terms and conditions of the resident agreement.2) An assisted living program shall notify a resident and the resident's representative at least 5 days before a nonemergency relocation within the facility and obtain the consent of the resident or resident's representative.3) A licensee shall docum
10.07.14.34.htm 10.07.14.34. 34 Resident's Representative.. A. An assisted living program 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 Estates and Trusts Article, §13-201, Annotated Code of Maryland;. 3) An advance directive that meets the requirements of Health-General Article, §5-602, Annotated Code of Maryland;4) A surrogate decision maker with authority under Health-General Article,
10.07.14.35.htm 10.07.14.35. 35 Resident's Rights.. A. A resident of an assisted living program has the right to:. 1) Be treated with consideration, respect, and full recognition of the resident's human dignity and individuality;2) Receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant State, local, and federal laws and regulations;3) Participate in planning the resident's service plan and medical treatment;. 4) Choose a pharmacy provider, subject to the prov
10.07.14.36.htm 10.07.14.36. 36 Abuse, Neglect, and Financial Exploitation.. A. An assisted living program shall develop and implement policies and procedures prohibiting abuse, neglect, and financial exploitation of residents.B. An assisted living program may not knowingly employ an individual who has any criminal conviction or other criminal history that indicates behavior that is potentially harmful to residents, documented through either a criminal history records check or a criminal background check.
10.07.14.37.htm 10.07.14.37. 37 Restraints.. A. The resident has the right to be free of restraints used in violation of this chapter.. B. A protective device as defined in Regulation .02B of this chapter is not considered a restraint.. C. Improper Use of Chemicals or Drugs. Chemicals or drugs may not be used for residents in the following ways:1) In excessive dose, including duplicate drug therapy;. 2) For excessive duration, without adequate monitoring;. 3) Without adequate indications for its use; or.
10.07.14.38.htm 10.07.14.38. 38 Protection of a Resident's Personal Funds.. A. A resident may:. 1) Manage the resident's financial affairs; or. 2) Consistent with State law, choose any individual who is willing and able to handle the resident's financial affairs.B. An assisted living program may refuse to handle a resident's financial affairs.. C. An assisted living program may not manage a resident's funds without an express written request from the:1) Resident; or. 2) Resident's agent..
10.07.14.39.htm 10.07.14.39. 39 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 consent of the resident or, if the resident is unable to consent, the resident's agent.B. An individual who witnessed, or otherwise has reason to believe, that there has been an abuse of a resident's funds shall make a complaint within 24 hours to the:1) Appropriate law enforcement agency;.
10.07.14.40.htm 10.07.14.40. 40 Approval of Burial Arrangements for Unclaimed Deceased Residents.. A. An assisted living program shall ascertain and document on admission of the resident, or within 14 days of admission any arrangements the resident has made, or wishes to make, with regard to burial, including but not limited to:1) Financial;. 2) Religious;. 3) Name of preferred funeral director, if any; and. 4) The name, address, and relationship of any person who has agreed to claim the body of the residen
10.07.14.41.htm 10.07.14.41. 41 General Physical Plant Requirements.. A. The facility, which includes buildings, common areas, and exterior grounds, shall be kept:. 1) In good repair;. 2) Clean;. 3) Free of any object, material, or condition that may create a health hazard, accident, or fire;. 4) Free of any object, material, or condition that may create a public nuisance; and. 5) Free of insects and rodents.. B. Bathtubs, shower stalls, and lavatories may not be used by the staff for laundering or storing so
10.07.14.42.htm 10.07.14.42. 42 Water Supply.. A. Approved Source. A facility shall be served by water from an approved public water supply. If an approved public water supply is not available, a private water supply may be accepted if it is approved by the local jurisdiction in which the program is located or a private certified vendor to be submitted with an initial or renewal licensure application.B. Adequacy. The water supply shall be adequate in quantity and delivered under sufficient pressure
10.07.14.43.htm 10.07.14.43. 43 Sewage Disposal.. The facility shall be served by an approved public sewage disposal system, if available. If an approved public sewage disposal system is not available, a private sewage disposal system may be accepted if approved by the local jurisdiction in which the program is located.
10.07.14.44.htm 10.07.14.44. 44 Security.. A. The facility shall provide:. 1) Exterior lockable doors and windows; and. 2) An effective automated device or system to alert staff to individuals entering or leaving the building.B. A facility need not use an automated alert for an exit door when the exit is staffed by a receptionist or other staff member who views and maintains a log of individuals entering and leaving the facility.
10.07.14.45.htm 10.07.14.45. 45 Assist Rails.. A. An assisted living program shall provide assist rails in stairways used by residents and for all toilets, showers, and bathtubs used by residents unless, through a waiver request, the Department determines that the physical abilities of the residents make these devices unnecessary for resident safety.B. An assisted living program with a licensed capacity of 17 or more beds shall also provide assist rails on both sides of corridors used by residents.
10.07.14.46.htm 10.07.14.46. 46 Emergency Preparedness.. A. The facility shall comply with:. 1) All applicable local fire and building codes; and. 2) The Life Safety Code, NFPA 101, including Chapter 24 of NFPA 101 if the facility is a one or two family dwelling as defined by NFPA 101.B. Fire Extinguishers. An assisted living program shall:. 1) Ensure that fire extinguishers are:. a) Located on each floor and adjacent to, or in, special hazard areas, such as:. b) Of standard and approved types; and.
10.07.14.47.htm 10.07.14.47. 47 Smoking.. A. The assisted living program shall have a written smoking policy that indicates whether or not the program permits smoking.B. When smoking is permitted, the assisted living program shall:. 1) Establish smoking policies and procedures which are designed to minimize the risk of fire;. 2) Provide in the policies and procedures at least the following:. a) Prohibit smoking in any hazardous location and in any room or compartment where flammable liquids
10.07.14.48.htm 10.07.14.48. 48 Common Use Areas.. A. Multipurpose Space.. 1) The assisted living program shall provide at least 35 square feet of usable multipurpose floor space per licensed bed. Multipurpose space includes:a) Dining;. b) Living; and. c) Indoor recreational space.. 2) Usable floor space in a facility does not include:. a) Service areas;. b) Administrative offices;. c) Entrance ways;. d) Closets;. e) Lockers;. f) Wardrobes;. g) Spaces where ceiling heights are less than acce
10.07.14.49.htm 10.07.14.49. 49 Resident's Room and Furnishings.. A. Resident Room.. 1) More than two residents may not share a resident room.. 2) An assisted living program shall provide at least 80 square feet of functional space for single occupancy resident rooms and 120 square feet of functional space for double occupancy resident rooms.3) Functional space in a resident room does not include the floor area of:. a) Toilet rooms and bathing facilities;. b) Closets, wardrobes, bureaus, or lockers;.
10.07.14.50.htm 10.07.14.50. 50 Bathrooms for Residents.. A. Toilets.. 1) An assisted living program shall provide toilets in a separate room or compartment with latching hardware for privacy.2) Buildings with one to eight occupants shall have a minimum ratio of one toilet to four occupants.. 3) Buildings with nine or more occupants shall have a minimum ratio of one toilet to four occupants and a minimum of one toilet for each floor on which a resident room is located.B. Hand Sinks.. 1) Buildings with one to
10.07.14.51.htm 10.07.14.51. 51 Illumination.. A. Resident's Room.. 1) An assisted living program shall ensure that a resident's room:. a) Is lighted by an outside window that:. i) Contains a glass surface; and. ii) Has square footage at least equal to 10 percent of the room's required floor area;. b) Has a minimum of 60 wattage or the equivalent of artificial light provided for reading; and. c) Is provided with additional artificial light as required for other uses, such as night lights to
10.07.14.52.htm 10.07.14.52. 52 Heating, Ventilation, and Air Conditioning.. A. An assisted living program may not use space heaters unless approved by the State or local fire authorities.B. Minimum Temperature. The facility shall have a system that provides in areas used by residents a minimum temperature of 70°F in cold weather and a maximum temperature of 80°F in hot weather.C. Temperature Control.. 1) An assisted living program with a licensed capacity of one to eight beds shall provide at least o
10.07.14.53.htm 10.07.14.53. 53 Radiators.. A. If steam or hot water plumbing reaches a temperature in excess of 130°F or directly powered radiating surfaces are located in areas of the facility that are accessible to residents, the assisted living program shall position or shield the radiating surfaces in a manner to prevent resident contact.B. The assisted living program shall ensure that the radiator shielding device:. 1) Allows for efficient heat transfer;. 2) Is constructed to minimize vermin harborage;.
10.07.14.54.htm 10.07.14.54. 54 Laundry.. A. An assisted living program shall furnish laundry service, either on-site or off-site.. B. An assisted living program shall ensure that the laundry is:. 1) Adequate to meet the needs of the residents;. 2) Processed and handled in a manner to prevent the spread of infection; and. 3) Adequately sanitized by the use of sufficient hot water or appropriate chemical agents, or a combination of both.C. Unless otherwise agreed by the program and the resident, dry cleaning se
10.07.14.55.htm 10.07.14.55. 55 Telephones.. A. An assisted living program with a licensed capacity of one to eight beds shall provide:. 1) At least one land line telephone for common use; and. 2) A posting next to the telephone that contains the telephone numbers for the local police department, fire department, and relief personnel.B. An assisted living program with a licensed capacity of nine to 16 beds shall provide at least one common-use telephone. If there are nine or more residents that do not have
10.07.14.56.htm 10.07.14.56. 56 Sanctions.. A. If the Secretary determines that an assisted living program has violated this chapter, the Secretary, in addition to the sanctions set forth in this chapter may:1) Restrict the number of residents the assisted living program may admit in accordance with Health-General Article, §19-328, Annotated Code of Maryland;2) Require the assisted living program to reduce the number of residents in care;.
10.07.14.57.htm 10.07.14.57. 57 Civil Money Penalties.. A. The Secretary may impose a civil money penalty on a person if:. 1) The person maintains or operates an unlicensed assisted living program;. 2) A deficiency or an ongoing pattern of deficiencies exists in the assisted living program; or. 3) The person falsely advertises a program in violation of Regulation .06B(2) of this chapter.. B. In determining whether a civil money penalty is to be imposed, the Secretary shall consider the following factors:
10.07.14.58.htm 10.07.14.58. 58 Amount of Civil Money Penalties.. A. A civil money penalty imposed on a person under this chapter may not exceed $10,000 for each offense.B. In setting the amount of the civil money penalty under this chapter, the Secretary shall consider the following factors:1) Nature, number, and seriousness of the deficiencies;. 2) The degree of risk to the health, life, or safety of the residents of the program that is caused by the deficiency or deficiencies;
10.07.14.59.htm 10.07.14.59. 59 Civil Money Penalties ― Hearings.. A. A hearing on the appeal shall be held consistent with the State Government Article, Title 10, Annotated Code of Maryland.B. The Secretary shall have the burden of proof with respect to the imposition of the civil money penalties under this chapter.
10.07.14.60.htm 10.07.14.60. 60 Criminal Penalties.. A. Operating Without a License.. 1) A person may not knowingly and willfully operate, maintain, or own an assisted living program without a license.2) A person who violates §A(1) of this regulation is guilty of a felony and on conviction is subject to:a) For a first offense, a fine not exceeding $10,000, imprisonment not exceeding 5 years, or both; andb) For a subsequent offense, a fine not exceeding $20,000, imprisonment not exceeding 5 years, or both.
10.07.14.61.htm 10.07.14.61. 61 Health Care Quality Account.. A. The Department shall establish a health care quality account in the Department for assisted living programs.B. The health care quality account shall be funded by civil money penalties paid by assisted living programs.C. The Department shall use funds from the health care quality account to improve the quality of care in assisted living programs.D. Expenditure of funds may include, but is not limited to, the following:.
10.07.14.62.htm 10.07.14.62. 62 Emergency Suspension.. A. The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action.B. The Department shall deliver a written notice to the assisted living program:. 1) Informing the program of the emergency suspension;. 2) Giving the reasons for the action and the regulation or regulations with which the licensee has failed to comply that forms the basis for the emergency suspension; and
10.07.14.63.htm 10.07.14.63. 63 Revocation of License.. A. The Secretary, for cause shown, may notify the assisted living program of the Secretary's decision to revoke the assisted living program's license. The revocation shall be stayed if a hearing is requested.B. The Department shall notify the assisted living program in writing of the following:. 1) The effective date of the revocation;. 2) The reason for the revocation;. 3) The regulations with which the licensee has failed to comply that form t
10.07.14.64.htm 10.07.14.64. 64 Hearings.. A. A request for a hearing shall be filed with the Office of Administrative Hearings, with a copy to the Office of Health Care Quality of the Department, not later than 30 days after receipt of notice of the Secretary's action. The request shall include a copy of the Secretary's action.B. A hearing requested under this chapter shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 10.01.03
10.07.14.9999.htm 10.07.14.9999. Administrative History Effective date: January 1, 1999 (25:26 Md. R. 1923). Regulation .02B amended effective November 1, 1999 (26:22 Md. R. 1692) July 22, 2002 (29:14 Md. R. 1074)Regulation .03 amended effective August 21, 2000 (27:16 Md. R. 1523). Regulation .04 amended effective March 29, 2004 (31:6 Md. R. 508). Regulation .06 amended as an emergency provision effective August 15, 2000 (27:18 Md. R. 1664) amended permanently effective November 27, 2000 (27:23 Md. R. 2147)
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