Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.01 - Acute General Hospitals and Special Hospitals
Section 10.07.01.01 - Definitions
Universal Citation: MD Code Reg 10.07.01.01
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Accredited hospital" means a hospital
accredited by The Joint Commission or other accreditation organization approved
by the Department.
(2) "Accredited
special rehabilitation hospital" means a hospital that is accredited by the
Commission on Accreditation of Rehabilitation Facilities for providing
comprehensive physical rehabilitation services.
(2-1) "Accreditation organization" means a private entity that conducts inspections and surveys of health care facilities based on nationally recognized and developed standards.
(3) "Administrative day" means a day of care
rendered to a patient who no longer requires the level of care the hospital is
licensed to provide.
(4)
"Admission" means the formal acceptance by a hospital of a patient who is to be
provided with room, board, and medical services.
(4-1) Aftercare.
(a) "Aftercare" means any assistance provided
by a lay caregiver to a patient after discharge of the patient.
(b) 'Aftercare" includes tasks that are
limited to the patient's condition at the time of discharge that do not require
a licensed professional.
(5) "Agent" means the individual or
individuals, or organization that shall conduct utilization review activities
in fulfillment of a hospital's responsibilities under these regulations. The
agent may be a hospital employee or employees, or it may be an independent
group or organization.
(6)
"Appointment" means designation of a physician to have staff privileges at the
hospital.
(7) "Authorized decision
maker" means the health care agent, guardian of the person, or surrogate
decision maker who is making health care decisions on behalf of a patient in
accordance with the Health Care Decisions Act, Health-General Article,
§§5-601 -5-618, Annotated Code of Maryland.
(8) "Calculated licensed bed capacity" means
the total number of inpatient beds recalculated annually as 140 percent of a
general hospital's average daily census as determined by the Health Services
Cost Review Commission for the most recent 12-month period.
(9) "Claim" means a written demand for
damages as a result of alleged professional malpractice.
(10) "Commission on Accreditation of
Rehabilitation Facilities" means the private, nonprofit organization formed in
1966 which has established standards of quality for rehabilitation services and
accredits those who provide the services.
(11) "Comprehensive physical rehabilitation
services" has the same meaning as defined in Health-General Article,
§19-1201(b), Annotated Code of Maryland.
(12) "Credentialing process" means the
process by which a hospital:
(a) Verifies
qualifications of a physician;
(b)
Delineates clinical privileges of a physician; and
(c) Monitors performance of a
physician.
(13)
"Department" means the Department of Health and Mental Hygiene.
(14) "Elective", when applied to admission or
to a health care service, means an admission or service that can be delayed
without substantial risk to the health of the individual.
(15) "Healthcare-associated infection" means
an infection that:
(a) Develops in a patient
who is cared for in any setting where healthcare is delivered; and
(b) Was not incubating or present at the time
the healthcare was provided.
(16) "Hospital" means an institution that:
(a) Has a group of at least five physicians
who are organized as a medical staff for the institution;
(b) Maintains facilities to provide, under
the supervision of the medical staff, diagnostic and treatment services for two
or more unrelated individuals; and
(c) Admits or retains the individuals for
overnight care.
(17)
"Incident" means any circumstance or occurrence that may be injurious to a
patient or that may result in an adverse outcome to a patient.
(18) "The Joint Commission" means the
voluntary national healthcare accreditation service recognized for Medicare
certification purposes by Public Law 89-97 and for Maryland State licensure
purposes by Health-General Article, §19-2302, Annotated Code of
Maryland.
(18-1) "Lay caregiver"
means an individual who:
(a) Is an
adult;
(b) Is designated as a lay
caregiver by a patient or the legal guardian of a patient; and
(c) Performs aftercare for the patient at the
residence of the patient.
(19) "License" means a license issued by the
Secretary to operate a hospital in this State.
(20) "Long-term care" means, for the purpose
of this chapter, care provided in a hospital, but is designed to treat
conditions requiring treatment at a level below that of acute hospital
care.
(21) "Maryland Medical
Assistance Program" means the program administered by the State under Title XIX
of the Social Security Act which provides comprehensive medical and other
health-related care for eligible categorically and medically needy persons. For
the purpose of this chapter, this shall include those persons provided care
under the program administered and financed by the State for eligible needy
persons who do not meet the technical requirements of federally funded Medical
Assistance.
(22) "Medical Orders for
Life Sustaining Treatment (MOLST) form" means the form required to be developed
pursuant to Health-General Article, §5-608.1, Annotated Code of Maryland.
(23) "Medicare Program" means the
federal program of health insurance for the aged and disabled established
pursuant to 42 U.S.C. § 1395 et seq.
(24) "Nonaccredited hospital" means a:
(a) Hospital not accredited by The Joint
Commission or other accreditation organization approved by the Department;
or
(b) Special rehabilitation
hospital not accredited by The Joint Commission.
(25) "Nonelective", when applied to admission
or to a health care service, means an admission or service that cannot be
delayed without substantial risk to the health of the individual.
(26) "Palliative care" means specialized
medical care for individuals with serious illnesses or conditions that:
(a) Is focused on providing patients with
relief from the symptoms, pain, and stress of a serious illness or condition,
whatever the diagnosis;
(b) Has the
goal of improving quality of life for the patient, the patient's family, and
other caregivers;
(c) Is provided
at any age and at any stage in a serious illness or condition; and
(d) Can be provided along with curative
treatment.
(27)
"Palliative care program" means an interdisciplinary team that provides
palliative care services.
(28)
"Physician" has the meaning stated under Health Occupations Article, §14-101(j),
Annotated Code of Maryland.
(29)
"Plan" means a thorough written specification of how the elements of review
required by these regulations shall be performed.
(30) "Privilege" means the authority granted
to a physician by a hospital to:
(a) Admit
patients to the hospital; or
(b)
Perform specific procedures or treatments on patients at the
hospital.
(30-1)
Residence.
(a) "Residence " means a dwelling
that a patient considers to be home.
(b) "Residence " does not include:
(i) A rehabilitation facility;
(ii) A hospital;
(iii) A nursing home;
(iv) An assisted living; or
(v) A group home licensed by the State.
(31)
"Secretary" means the Secretary of Health and Mental Hygiene.
(32) "Specialized rehabilitation program" has
the meaning stated in Health-General Article, §19-1201(e), Annotated Code
of Maryland.
(33) Telemedicine.
(a) "Telemedicine" means the use of
interactive audio, video, or other telecommunications or electronic technology
by a physician in the practice of medicine outside the physical presence of the
patient.
(b) "Telemedicine" does
not include:
(i) An audio only telephone
conversation between the physician and patient;
(ii) An electronic mail message between a
physician and a patient; or
(iii) A
facsimile transmission between a physician and a patient.
(34) "Unexpected adverse
outcomes" means unanticipated negative outcomes related to a patient's medical
treatment and not related to the natural course of the patient's illness or
underlying disease condition.
(35)
"Uniform standard credentialing form" means:
(a) The form designated by the Department
through COMAR
10.07.01.24C(6)
for credentialing physicians who seek to be employed by or have staff
privileges at a hospital; or
(b)
The uniform credentialing form that the Insurance Commissioner designates under
Insurance Article, §15"112.1, Annotated Code of
Maryland.
(36)
"Utilization review" means a system for reviewing the appropriate and efficient
allocation of hospital resources and services given or proposed to be given to
a patient or group of patients.
(37) "Utilization review plan" means a
description of the standards governing utilization review activities performed
by a private review agent or hospital utilization review agent.
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