Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.02 - Nursing Homes
Section 10.07.02.04 - Licensing Procedure
Universal Citation: MD Code Reg 10.07.02.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. Application for License.
(1) An applicant
desiring to open a comprehensive care facility or an extended care facility
shall file an application with the Secretary, on a written or electronic form
provided by the Secretary.
(2) An
application for a license shall be filed with the Department at least 60 days
before the anticipated issuance of the license.
(3) Applications on behalf of a legal entity
shall be made by the senior officer or other senior official and a second
official, if any.
(4) All members
of the governing body shall be disclosed, with their business
addresses.
(5) The applicant shall
complete all disclosure required by the Secretary, including:
(a) Ownership of real property;
(b) The identity of any management company
that will operate or contract with the applicant to operate the
facility;
(c) Ownership of
equipment; and
(d) The names of
persons holding 5 percent or greater of stocks or assets.
(6) The applicant for a license to operate a
comprehensive care facility or an extended care facility is the licensee.
Responsibility for conformance with licensing standards and regulations rests
upon the licensee. Those licensees requesting participation in the Maryland
Medicaid program shall comply with the Medicaid contract.
(7) Additional Requirements.
(a) The Secretary shall require an applicant
for licensure to submit to the Secretary the following information concerning
the applicant's:
(i) Past or current operation
of a nursing home, other health care facility as defined in Health-General
Article, § 19-114, Annotated Code of Maryland, assisted living program,
residential service agency or other licensed in-home care service, or licensed
community program for individuals with developmental disabilities, substance
abuse, or mental health needs, located within or outside this State;
(ii) Ability to comply with the applicable
standards of medical and nursing care and applicable State or federal laws and
regulations by disclosing the identities of its medical director, director of
nursing, and administrator, and by providing the nursing home's quality
assurance plan, as required in Regulation .66 of this chapter; and
(iii) Financial and administrative ability to
maintain a nursing home in compliance with these regulations, including
submission of an audited financial statement, whether or not the applicant ever
operated a nursing home, related institution, or other health care
facility.
(b) The
Secretary shall:
(i) Approve the application
unconditionally;
(ii) Approve the
application with conditions, such as requiring the applicant to use the
services of a management firm, requiring a staffing pattern, or limiting
admissions to the facility; or
(iii) Deny the application.
(c) A person who disagrees with
the decision of the Secretary to deny a license application under this section
may appeal the Secretary's action by filing a request for a hearing in
accordance with Regulation .78 of this chapter.
B. Restrictions of License.
(1) Nomenclature. A nursing home licensed
under this regulation may not use the word hospital in its title.
(2) Zoning. If a proposed facility is to be
located in a political subdivision requiring zoning approval, the zoning
authority's written approval shall be submitted to the Department before the
Department's approval of the first drawings which are submitted.
(3) Local Law or Ordinance, Where Applicable.
A nursing home located in a political subdivision which requires it to meet
certain standards shall submit proof to the Secretary that the nursing home
meets local laws, regulations, or ordinances at the time application for
license is submitted.
(4) Transfer
or Assignment of License.
(a) If the sale,
transfer, assignment, or lease of a nursing home causes a change in the person
or persons who control or operate the nursing home, the nursing home shall be
considered a new nursing home and the licensee shall conform to all regulations
applicable at the time of transfer of operations.
(b) The transfer of any stock which results
in a change of the person or persons who control the nursing home, or a 25
percent or greater change in any form of ownership interest, constitutes a
sale.
(c) For purposes of Life
Safety Code enforcement, the nursing home is considered to be an existing
nursing home if it has been in continuous use as a nursing home. Waivers may be
granted under Regulation .03F of this chapter.
(5) Return of License to the Secretary of
Health. The current license shall immediately become void and shall be returned
to the Secretary if the:
(a) Nursing home is
sold, leased, or discontinued;
(b)
Operation moved to a new location; or
(c) License is revoked.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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