10.63.01.05

.05 Requirements for Licensed Community-Based Behavioral Health Program.

A. A program licensed under this subtitle to provide community-based behavioral health services in Maryland shall comply with the requirements listed in this regulation.

B. Post-Licensing Inspections.

(1) The Department or its designees may make announced or unannounced visits to inspect a program to investigate a complaint.

(2) The Department or its designees may inspect and copy records, including, but not limited to:

(a) Financial records;

(b) Treatment records; and

(c) Service records.

C. Criminal Background Investigation.

(1) To be licensed in accordance with this chapter, a program shall have and follow a written policy that complies with §C(2) of this regulation regarding the criminal history of the programís employees, contractors, and volunteers.

(2) At a minimum, the programís policy shall require that, when deciding whether the criminal history of an individual applying for employment, whether paid or volunteer, and a contractor disqualifies the individual from the employment, the program consider:

(a) The age at which the individual committed the crime;

(b) The circumstances surrounding the crime;

(c) Any punishment imposed for the crime, including any subsequent court actions regarding that punishment;

(d) The length of time that has passed since the crime;

(e) Subsequent work history;

(f) Employment and character references; and

(g) Other evidence that demonstrates whether the employee, contractor, or volunteer poses a threat to the health or safety of a program participant, program staff, or a member of the public.

(3) The program may not hire an individual as an employee, contractor, or volunteer if the program does not receive and consider the criminal history record information required under this regulation.

(4) An individual may not be hired as an employee, contractor, or volunteer:

(a) For a program serving participants younger than 18 years old, if the individual has been convicted at any time of child abuse or child sexual abuse; or

(b) For a program serving participants 18 years old or older, if the individual has been convicted at any time of abuse or neglect of a vulnerable adult.

(5) The criminal background investigation policy may be stricter than that required by this regulation, as appropriate, to protect program participants.

(6) A program shall:

(a) Document the programsí:

(i) Review of criminal history records of potential employees, contractors, and volunteers;

(ii) Decision regarding the impact of the criminal history on the employability of each applicant for employment and on each employee, contractor, and volunteer; and

(iii) Implementation of the policy required by §C(1) of this regulation; and

(b) Maintain the documentation required by this regulation for 3 years after the individual either is not hired or leaves employment with the program.

D. Applicable Laws. A program licensed in accordance with this chapter shall comply with all applicable federal and State laws and regulations, including the following:

(1) The Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, and regulations implementing the statute, as amended;

(2) Federal Regulations on Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, as amended;

(3) State confidentiality statutes, including:

(a) Health-General Article, §4-301, et seq., Annotated Code of Maryland, as amended; and

(b) General Provisions Article, §4-101, et seq., as amended;

(4) Current applicable State confidentiality regulations;

(5) The Americans With Disabilities Act, 42 U.S.C. §12101, et seq.; and

(6) The federal Fair Housing Act, 42 U.S.C. §3604.

E. Agreement to Cooperate.

(1) Before applying for licensure, a program shall enter into an agreement to cooperate with the CSA, LAA, or LBHA that operates in the relevant county or Baltimore City.

(2) The agreement to cooperate shall provide for coordination and cooperation between the parties in carrying out behavioral health activities in the jurisdiction, including but not limited to facilitating:

(a) A complaint investigation; and

(b) The transition of services if:

(i) The program closes; or

(ii) A program discontinues a service.

(3) The agreement to cooperate may not include a provision that authorizes the CSA, LAA, or LBHA to prohibit a program from offering services at any location.

F. Opioid Treatment ServicesóNon-Discrimination. A program may not exclude or discriminate against an individual on the basis of the individual receiving opioid treatment services.

G. Critical Incident Reports.A licensed program shall report all critical incidents to the Department, or its designee, within 5 calendar days following the program receiving knowledge of the incident, on the form required by the Department.