10.07.15.01

.01 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) "Department" means the Maryland Department of Health.

(2) "Health care facility within a correctional institution" means a specified area within the correctional institution in which general and clinical health care services are provided to inmates in the custody of the Division of Corrections.

(3) "Intermediate care facility for Individuals with Intellectual Disabilities or persons with related conditions (ICF/IID)" means a facility which provides residential care, treatment, or custody for the intellectually disabled.

(4) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(5) Related Institution.

(a) "Related institution" means an organized institution, environment, or home that:

(i) Maintains conditions or facilities and equipment to provide domiciliary, personal, or nursing care for two or more unrelated individuals who are dependent on the administrator, operator, or proprietor for nursing care or the subsistence of daily living in a safe, sanitary, and healthful environment; and

(ii) Admits or retains the individual for overnight care.

(b) "Related institution" does not include:

(i) An adult residential environment or home that is certified by the Department of Human Services;

(ii) A nursing facility or visiting nurse service that is conducted only by or for adherents of a recognized church or religious denomination, in accordance with tenets and practices that include reliance on treatment by spiritual means alone for healing; or

(iii) Any sheltered housing for the elderly, as defined in Article 70B, §1, Annotated Code of Maryland, that is certified by the Department of Aging, unless the housing provides for more than 11 individuals in one building that does not have more than one apartment unit, or if there are apartment units in the building, in one apartment unit.

(6) "Residential treatment center for emotionally disturbed children and adolescents" means a facility which houses two or more non-related children or adolescents referred for treatment upon the recommendation of a physician. The overall program must be approved by the Maryland Department of Health, the Department of Human Services, and the State Department of Education.

(7) "Secretary" means the Secretary of Health.