10.21.04.07

.07 Deemed Status.

A. Request for Deemed Status. If a group home is licensed by the Department and is accredited by the Joint Commission on the Accreditation of Health Care Organizations (JCAHO) or the Rehabilitation Accreditation Commission (CARF), the governing body of the group home may request that the Secretary grant the group home deemed status by submitting a written request:

(1) At least 90 days before the expiration of the group home's license;

(2) To the:

(a) Administration;

(b) CSA, if the jurisdiction in which the program is to be located is served by a CSA; and

(c) Health officer, if the jurisdiction in which the program is to be located is not served by a CSA; and

(3) That includes the:

(a) Application required under Regulation .05B of this chapter; and

(b) Accreditation body's full report including the group home's status and any conditions placed on the group home.

B. Evaluation of Request for Deemed Status. Within 30 calendar days of receipt of the request under §A of this regulation:

(1) The Administration, in consultation with the CSA:

(a) Shall evaluate the:

(i) Application;

(ii) Report of the accreditation body; and

(iii) Most recent report by the Department's designated licensure unit;

(b) May meet with the applicant; and

(c) May arrange for an on-site evaluation; and

(2) The Director shall recommend to the Secretary a decision regarding deemed status, based on:

(a) Comparison of the standards used by the accreditation body with the requirements outlined in COMAR 10.21.17, 10.21.21, 10.21.22, and this chapter; and

(b) The results of an on-site evaluation, if any.

C. Decision Regarding Deemed Status. Based on the evaluation of the request for deemed status conducted under §B of this regulation, within 45 calendar days of completion of the evaluation, the Secretary shall:

(1) Decide, whether to:

(a) Grant deemed status;

(b) Grant deemed status with conditions, which may include evaluation by the Department's designated licensure unit; or

(c) Propose to deny deemed status; and

(2) Send notice of the proposed decision to the:

(a) Department's designated licensure unit;

(b) Governing body;

(c) Group home director;

(d) Administration; and

(e) As applicable, either the CSA director or health officer.

D. Proposal to Deny Deemed Status.

(1) If the Secretary proposes to deny approval of deemed status, the Secretary shall give written notice of the proposed denial to those listed in §C(2) of this regulation.

(2) In the notice under §D(1) of this regulation, the Secretary shall include:

(a) The date that the Secretary proposes to deny approval of deemed status;

(b) Location, including street address, to which the proposed denial applies;

(c) The facts that warrant the proposed denial; and

(d) Notification that, before the denial, the program has a right to a hearing.

(3) Upon receipt of the notice under §D(2) of this regulation, the chairman of the governing body may:

(a) Withdraw the request for deemed status; and

(b) Request an on-site review for approval by the Department's designated licensure unit.

(4) If the governing body does not take the action under §D(3) of this regulation and if, after notice and opportunity to be heard, the Secretary denies approval of deemed status, the Director shall notify the governing body that, unless the program elects not to seek approval, the Department's designated approval unit shall conduct an on-site review for the purpose of granting or denying a license.