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10.63.06.00.htm 10.63.06.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 63 COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES Chapter 06 Application and Licensure Process Authority: Health-General Article, §7.5-204, 8-402, 8-404, and 10-901, Annotated Code of Maryland
10.63.06.01.htm 10.63.06.01. 01 Scope.. This chapter sets forth the processes governing application for accreditation-based and non-accreditation-based licenses to provide community-based behavioral health services, issuance and parameters of the license, and sanctioning of licensees.
10.63.06.02.htm 10.63.06.02. 02 License Application Process for All Community-Based Behavioral Health Programs.. A. An applicant for a license, whether accreditation or non-accreditation-based, to provide community-based behavioral health services shall:1) Use the application form required by the Department;. 2) Include the following information with the application:. a) Verification that the program complies with the program descriptions and criteria set out in this subtitle;b) Attestation of complia
10.63.06.03.htm 10.63.06.03. 03 Additional Application Requirements for Licenses Requiring Accreditation.. A. In addition to the application requirements for all community-based behavioral health services licenses, the provisions of this regulation apply to all applicants for licenses to provide community-based behavioral health services, if the license is required by this subtitle to be accreditation-based.B. A program applying for an accreditation-based license to provide community-based behavioral healt
10.63.06.04.htm 10.63.06.04. 04 Additional Application Requirements for Licenses Not Requiring Accreditation.. A. In addition to the application requirements for all community-based behavioral health services licenses, the provisions of this regulation apply to all applicants for licenses to provide community-based behavioral health services, if the license is permitted by this subtitle to be non-accreditation-based.B. A program applying for a non-accreditation-based license to provide comm
10.63.06.05.htm 10.63.06.05. 05 Issuance and Duration of Accreditation-Based and Non-Accreditation-Based Licenses.. A. If the Department’s designated approval unit determines that a program is eligible for a license to provide community-based behavioral health services, whether accreditation-based or non-accreditation-based, the Department’s designated approval unit shall issue a license to the program that specifies the:1) Programs that the applicant is licensed to provide, including the addres
10.63.06.06.htm 10.63.06.06. 06 Denial of License to Provide Community-Based Behavioral Health Services.. A. The Department may deny a license to provide community-based behavioral health services to:. 1) An applicant, if the Department’s designated approval unit determines that the application does not meet the licensure requirements;2) An applicant that has had a license or approval revoked by the Department or other licensing agency, or has surrendered or defaulted on its license or other approval for re
10.63.06.07.htm 10.63.06.07. 07 License Modification.. A. A program may not change its program sites by adding, closing, or moving locations without prior approval from the Department’s designated approval unit.B. To request a change in its program sites by adding, closing, or moving locations, a licensed program shall submit to the Department’s designated approval unit:1) An application modification on the form required by the Department;. 2) Evidence that the program has notified the appr
10.63.06.08.htm 10.63.06.08. 08 Waivers and Variances.. A. Waivers. The Administration may not grant waivers of:. 1) The requirements of any regulation adopted under this subtitle; or. 2) Any accreditation standard.. B. Variances.. 1) If a program is licensed under this chapter, the Administration may grant a variance for a regulation if the Administration:a) Receives a written request from a program on the form required by the Administration; and. b) Finds that the intent of the regulation to whic
10.63.06.09.htm 10.63.06.09. 09 Sale or Transfer of License to Provide Community-Based Behavioral Health Services.. A. The license of a program to provide community-based behavioral health services shall be valid only for the program and address for which the license is issued.B. If the sale or transfer of a program causes a change in ownership, the program:. 1) May not sell, assign, or transfer its license; and. 2) Shall apply for and receive a new license to operate in Maryland..
10.63.06.10.htm 10.63.06.10. 10 Discontinuation of Program Operations.. A. If a program licensed to provide community-based behavioral health services intends to discontinue operations, the program director shall, no less than 60 calendar days before the program intends to discontinue operations, submit to the Department’s licensure unit, the Administration, and the CSA, LAA, or LBHA, as appropriate, its written plan for:1) Cessation of operations, including relevant dates;. 2) Informing participants
10.63.06.11.htm 10.63.06.11. 11 Summary Suspension.. A. Upon finding that a program licensed under this chapter has violated a regulation and that the public health, safety, or welfare imperatively requires emergency action, the Department may order the immediate suspension of the license of the program and the immediate cessation of the program’s operation.B. Following the summary suspension of the license of the program, and under State Government Article, §10-226(c)2) Annotated Code of Maryland, the De
10.63.06.12.htm 10.63.06.12. 12 Notice of Deficiencies.. A. If the Department determines that a program licensed under this chapter has violated any provision of this chapter, but does not summarily suspend the program, the Department’s designated approval unit shall provide the program with a notice of deficiencies.B. In the notice of deficiencies, the Department’s designated approval unit shall list each failure to comply with a requirement, including identifying the requirement and the basis for the finding.
10.63.06.13.htm 10.63.06.13. 13 License Revocation.. A. If the Department’s designated approval unit determines that a program licensed under this chapter has violated a requirement of this chapter, the Department may revoke the license.B. If the Department’s designated approval unit determines that the program has violated a requirement of a sanction imposed under Regulation .14 of this chapter, the Department may revoke the license.C. If the Department revokes a program’s license under this regulation, the
10.63.06.14.htm 10.63.06.14. 14 Intermediate Sanctions.. A. If the Department determines that a program licensed under this chapter has violated a requirement of this subtitle, the Department’s designated approval unit may take one or more of the following actions:1) Prohibit the program from serving any additional individuals;. 2) Require the program to reduce the number of individuals currently receiving services;. 3) Prohibit the program from providing specific services or restricting the
10.63.06.15.htm 10.63.06.15. 15 Directed Plan of Correction.. A. If the Department determines that a program licensed under this chapter has violated any requirement of this chapter, the Department’s designated approval unit may impose a directed plan of correction, in addition to any intermediate sanctions imposed in accordance with this chapter.B. The directed plan of correction may include any one or more of the following:. 1) Mandating staffing patterns, specifying the number of personnel, personn
10.63.06.16.htm 10.63.06.16. 16 Settlement Agreement.. A. The Department may enter into a settlement agreement with a program licensed under this chapter that has violated a requirement of this chapter, establishing specific conditions for continued operation, including time limits for compliance.B. A settlement agreement is a public document and may be disseminated under the State Government Article, §10-611―10-630, Annotated Code of Maryland.C. A copy of the settlement agreement shall be dis
10.63.06.17.htm 10.63.06.17. 17 Initiation of Receivership.. The Secretary or designee may take action to initiate receivership of a program licensed under this chapter, pursuant to Health-General Article, §19-333―19-339, Annotated Code of Maryland.
10.63.06.18.htm 10.63.06.18. 18 Civil Money Penalties.. A. Notwithstanding any penalty that may be imposed under the Civil False Claims Act, pursuant to Health-General Article, §2-611, Annotated Code of Maryland or other statute, the Department may impose a civil monetary penalty on a person for:1) Operating a community-based behavioral health services program without a license, if one is required by law or regulation;2) Any material and egregious violation of any provision of this subtitle; or. 3) Both..
10.63.06.19.htm 10.63.06.19. 19 Program’s Right to a Hearing on Proposed Sanctions.. A. A program licensed under this chapter that is aggrieved by the proposal of the Department’s designated approval unit to take any of the following actions may appeal the Department’s decision by filing a request for an administrative hearing in accordance with Regulation .20 of this chapter:1) The denial of an application for a license or for renewal of a license;.
10.63.06.20.htm 10.63.06.20. 20 Hearing Procedures.. A. If the Department’s designated approval unit proposes to take an action listed in Regulation .19 of this chapter, the Department shall deliver a written notice of the proposed action to the program director, in accordance with the provisions of COMAR 10.01.03.05.B. Within 10 working days after receipt of the notice of the proposed action, the program may submit to the Department, at the address identified in the notice, a written requ
10.63.06.21.htm 10.63.06.21. 21 Deadlines and Effective Dates of this Chapter.. A. Accreditation-based Licenses. The following shall apply for programs that are required by law and this chapter to be accredited to be licensed:1) A program may not operate on or after April 1, 2018 without a license;. 2) To be licensed on or before April 1, 2018, a program shall submit a completed and accurate application to the Department’s designated approval unit before January 1, 2018;
10.63.06.9999.htm 10.63.06.9999. Administrative History Effective date: July 1, 2016 (43:10 Md. R. 585). Regulation .10G adopted effective February 27, 2017 (44:4 Md. R. 255).
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