Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.02 - Nursing Homes
Section 10.07.02.05 - Licensed Bed Capacity

Universal Citation: MD Code Reg 10.07.02.05

Current through Register Vol. 51, No. 19, September 20, 2024

A. A facility may exceed its licensed bed capacity only if the Department:

(1) Requests that the facility exceed its licensed bed capacity; or

(2) Approves a request from a facility to exceed its licensed bed capacity.

B. Departmental Request of Facility to Exceed Capacity. If the Department requests a facility to exceed its licensed bed capacity, the written request is to include the:

(1) Circumstances that prompted the Department to make the request;

(2) Conditions under which the licensed bed capacity may be exceeded; and

(3) Number of residents by which the facility's licensed capacity may be exceeded.

C. Request for Departmental Permission to Exceed Capacity.

(1) If an emergency situation exists, a facility may request permission from the Department to exceed its licensed bed capacity to help resolve the emergency situation.

(2) The written request shall include the:
(a) Circumstances or reasons for the request;

(b) Identity of any resident involved;

(c) Beginning and ending dates for which the request is made; and

(d) Documentation of any objection by a resident affected by the request, or by the resident's personal representative.

(3) The nursing home shall:
(a) Submit the written request to the Office of Licensing and Certification Programs; and

(b) Make the request for a term not to exceed 30 days.

(4) Before reaching its decision on the request, the Department shall consider the:
(a) Needs of the resident whose admission is proposed;

(b) Ability of the facility to care for the resident properly;

(c) Likely effect of the admission on the comfort and care of the other residents in the facility; and

(d) Evidence that exceeding licensed capacity would help resolve the emergency situation.

(5) Required Resident Accommodations. Before a facility may admit a resident that causes the facility to exceed its licensed bed capacity, the facility shall:
(a) Provide the following equipment for the exclusive use of the resident:
(i) Electronic nurses call system or hand bell,

(ii) Privacy curtain or screen,

(iii) Storage space for belongings, and

(iv) A bed, at least 36 inches wide, sturdy and in good repair;

(b) Meet any square footage requirements under this chapter for a room; and

(c) Meet any other condition that the Department may require.

(6) Admission. When a facility is permitted to exceed its licensed bed capacity under this section, the facility may not admit a resident to the facility until each resident admitted under permission granted under this section has:
(a) Been placed in the facility as part of the facility's permanent resident population; or

(b) Found other placement that is acceptable to the resident.

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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