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10.07.16.00.htm 10.07.16.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 07 HOSPITALS Chapter 16 Limited Private Inpatient Facilities Authority: Health-General Article, §10-501―10-511, Annotated Code of Maryland
10.07.16.01.htm 10.07.16.01. 01 Scope.. The purpose of this chapter is to:. A. Outline the licensing, site, and staffing requirements for a provider of limited private inpatient facility services; andB. Provide a flexible model of service delivery and oversight..
10.07.16.02.htm 10.07.16.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration” means the Behavioral Health Administration.. 2) "Department" means the Maryland Department of Health or its designee.. 3) “Facility” means a limited private inpatient facility.. 4) “Facility service plan” means a statement of the facility’s mission, vision, scope, and purpose, as well as all specific requirements detailed under Regulation .10 of this chapter.
10.07.16.03.htm 10.07.16.03. 03 Incorporation by Reference.. A. In this chapter, the following is incorporated by reference.. B. Document Incorporated. “Standards for Behavioral Health Care, 2013 Edition, The Joint Commission, One Renaissance Blvd. Oakbrook Terrace, Illinois 60181”
10.07.16.04.htm 10.07.16.04. 04 Eligibility.. A. An individual is eligible for limited private inpatient facility services if the individual:. 1) Requires 24-hour inpatient mental health evaluation and treatment services but does not require acute or long-term psychiatric hospital services; and2) Has stated a willingness to comply with program rules.. B. An individual is not eligible for limited private inpatient facility services if the individual:.
10.07.16.05.htm 10.07.16.05. 05 Licensure Process.. A. An applicant shall obtain a license from the Department before providing services.. B. Initial and Renewal Licensure. In order to be licensed as a limited private inpatient facility, the facility shall:1) File an initial application with the Department that:. a) Is on the written or electronic form approved by the Department with the requirement that all questions are answered and all required documents are attached; andb) Includes documentation of:.
10.07.16.06.htm 10.07.16.06. 06 Duration of License.. A. The Secretary shall issue a license to an accredited facility for the term of the facility's accreditation.B. The Secretary shall issue a provisional license to a non-accredited facility that otherwise meets the requirements for licensure for a term not to exceed 1 year with the requirement that the facility shall become accredited within that 1-year period or cease operations.
10.07.16.07.htm 10.07.16.07. 07 Separate License Required.. A. A separate license is required for facilities maintained on separate premises, even if both facilities are operated under the same management.B. A separate license is not required for separate buildings on the same grounds..
10.07.16.08.htm 10.07.16.08. 08 Inspections.. A. A facility shall be open to inspection by the Department at all times for the purpose of quality oversight and investigation of complaints or incidents.B. The facility’s administrative and medical records shall be available for review and for copying by the Department.C. New Facilities.. 1) A facility that is issued a provisional license shall be subject to inspections by the Department every 6 months and at any other time to determine compliance with:
10.07.16.09.htm 10.07.16.09. 09 Complaint Investigations.. A. To resolve expeditiously a complaint that alleges the existence of any non-life-threatening deficiency:1) The Department shall refer the complaint directly to the facility; and. 2) The facility shall:. a) Conduct an internal investigation into the complaint; and. b) Submit the investigation and supportive evidence to the Department within 30 days of the receipt of the complaint.B. If the Department determines that the facility
10.07.16.10.htm 10.07.16.10. 10 Facility Service Plan.. A. The limited private inpatient facility shall provide services in accordance with the facility service plan submitted to and approved by the Department.B. A written facility service plan shall include at a minimum:. 1) The rationale for the facility including discussion of the organization’s mission, vision, and philosophy for provision of services;2) The range of services that the facility will provide;. 3) The populations to be
10.07.16.11.htm 10.07.16.11. 11 Staffing.. A. Required Staff. The facility director shall ensure that the facility’s staff is sufficient in numbers and qualifications to provide clinically appropriate services to the individuals served and includes, at a minimum:1) A facility director that is responsible for the programmatic and administrative services of the facility under the direction of the governing body;2) A clinical director who:.
10.07.16.12.htm 10.07.16.12. 12 Physical Environment Requirements.. A. A limited private inpatient facility shall have a building that:. 1) Meets all relevant federal, State, or local ordinances, laws, regulations, and building codes; and2) Provides sufficient space for group and individual therapies, dining equipped with tables and chairs for resident meal service, and administrative services.B. The areas of the facility shall:. 1) Be well-lit and adequately ventilated;. 2) Be easily accessible;.
10.07.16.13.htm 10.07.16.13. 13 Emergency Procedures.. A. The program shall develop an emergency plan and procedures that shall be followed in the event of an internal or external emergency.B. The emergency plan and procedures shall;. 1) Be updated annually; and. 2) Include:. a) Easily accessible emergency telephone numbers posted at or near a telephone for:. i) Fire;. ii) Police;. iii) Ambulance;. iv) Poison control; and. v) The program’s on-call staff;. b) An emergency evacuation procedure that is expla
10.07.16.14.htm 10.07.16.14. 14 Dietary Services.. A. The facility shall ensure sufficient numbers of trained and qualified staff to meet the nutritional needs of residents served by the facility.B. Nutritional Needs. The facility shall ensure that:. 1) A resident is provided three meals in a common dining area and additional snacks during each 24-hour period, 7 days a week;2) Meals and snacks are well-balanced, varied, palatable, properly prepared, and of sufficient quality and quantity to meet t
10.07.16.15.htm 10.07.16.15. 15 Resident’s Rights.. A facility shall:. A. Explain to a resident their rights as set forth in Health-General Article, Title 10, Subtitle 7, and Title 4, Subtitle 3, Annotated Code of Maryland;B. Provide, in writing, information regarding an individual’s rights as outlined in §A of this regulation to a resident; andC. Prominently display, in accessible centralized locations, the individual’s rights as outlined in §A of this regulation.
10.07.16.16.htm 10.07.16.16. 16 Records.. A. The facility shall, either manually or electronically:. 1) Establish a record for a resident; and. 2) Ensure that entries in the record are dated, signed, and include the signer's degree or license, or if the signer has no degree or license, the signer's staff position.B. The facility shall ensure that residents’ records are:. 1) Maintained in a manner that is consistent with the medical records confidentiality and disclosure requirements of:a) Maryland Confidentiali
10.07.16.17.htm 10.07.16.17. 17 Reporting of Deaths.. Upon the death of an individual in the facility, the administrative head of the facility shall:. A. Submit a written report to the Department within 5 working days of the death; and. B. Use the form required by the Administration..
10.07.16.18.htm 10.07.16.18. 18 Denial or Revocation of Approval.. A. The Secretary may deny or revoke the license of a limited private inpatient facility that:. 1) Does not comply with:. a) Health-General Article, §10-501―10-511, Annotated Code of Maryland;. b) Health-General Article, §10-701―10-713, Annotated Code of Maryland; or. c) The provisions of this chapter;. 2) Loses accreditation by the Joint Commission; or. 3) Fails to be awarded accreditation within 1 year of the issuance of a pro
10.07.16.19.htm 10.07.16.19. 19 Sanctions.. A. If the Secretary determines serious or life-threatening resident care deficiencies exist at the limited private inpatient facility or that the facility fails to take the necessary corrective action, the Secretary may:1) Revoke or place restrictions on the license;. 2) Impose a civil money penalty of not more than $10,000 per instance or per day;. 3) Impose a directed plan of correction; or. 4) Impose appropriate operating conditions.. B. When considering wheth
10.07.16.20.htm 10.07.16.20. 20 Emergency Suspension.. A. The Secretary may immediately suspend a license on a finding that the public health, safety, or welfare requires emergency action.B. The Department shall deliver a written notice to the licensee:. 1) Informing the licensee 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 form the basis for the emergency suspension; and3) Notifying the licensee
10.07.16.21.htm 10.07.16.21. 21 Revocation of License.. A. The Secretary, for cause shown, shall notify the licensee of the Secretary's decision to revoke the facility's license. The revocation shall be stayed if a hearing is requested.B. The Secretary may revoke a license if the licensee:. 1) Has been convicted of a felony that relates to Medicaid or Medicare or a crime involving moral turpitude;2) Does not comply with the requirements of this chapter; or. 3) Fails to comply with the standards for the oper
10.07.16.22.htm 10.07.16.22. 22 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, §10-201 et seq. Annotated Code of Maryland, and COMAR 28.02.01 and 10.01.03.
10.07.16.23.htm 10.07.16.23. 23 Licensure Standards Waiver.. A. The Department may grant a limited private inpatient facility a waiver from the licensure requirements under Regulation .12 of this chapter with, or without, conditions.B. Application for Licensure Standards Waiver.. 1) A facility shall submit a request for a waiver on a form developed by the Department.. 2) The requestor shall provide in writing the:. a) Regulation from which a waiver is sought;.
10.07.16.9999.htm 10.07.16.9999. Administrative History Effective date: December 10, 2015 (42:24 Md. R. 1504). Regulation .05B,G,I amended effective March 13, 2017 (44:5 Md. R. 292). Regulation .23 adopted effective December 19, 2016 (43:25 Md. R. 1384).
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