Current through Register Vol. 51, No. 19, September 20, 2024
A nursing facility shall:
A. Ensure that:
(1) The rights of residents as set forth in
the Residents' Bill of Rights are protected, including but not limited to
informing each resident of the resident's right to select a physician and
pharmacy of the resident's choice;
(2) Employees of the nursing facility are
trained to:
(a) Respect and enforce the
Residents' Bill of Rights and the nursing facility's policies and procedures
that implement the Residents' Bill of Rights, and
(b) Protect the rights of
residents;
(3) The
nursing facility's policies and procedures implement all rights of the
residents as set forth in:
(a) Health-General
Article, §§19-343 -19-347 and 19-349-19-352, Annotated Code of
Maryland,
(b) Title XIX of the
Social Security Act,
(c)42 CFR § 483.10 et seq., and
(d) The regulations of this chapter;
and
(4) The nursing
facility's policies comply with the requirements of federal and State law
concerning advance directives, including but not limited to:
(a) If an applicant is incapacitated or is
incapable of informing the nursing facility whether the applicant has executed
an advance directive, the facility may provide advance directive information to
the resident's health care representative, and
(b) Once the resident is no longer
incapacitated, the facility shall provide the advance directive information to
the resident directly at the appropriate time;
B. Post conspicuously in a public place
accessible to residents:
(1) The Residents'
Bill of Rights in large, clearly readable type;
(2) The nursing facility's complaint
procedures in large, clearly readable type;
(3) The nursing facility's statement of
deficiencies for the most recent survey and any subsequent complaint
investigations conducted by federal or State surveyors and any plans of
correction in effect with respect to the survey or complaint investigation
findings; and
(4) Signs provided by
the Department to notify the visiting public and residents:
(a) That complaints may be made to the
Department or to the Office,
(b)
How to report an instance of abuse of a resident to the Department, the Office,
or law enforcement agencies, and
(c) How to file a complaint with State
agencies and client advocacy agencies, such as the Licensing and Certification
Administration, the Office on Aging, the Older Americans Act Legal Services
providers, the Maryland Disabilities Law Center, State Medicaid Fraud Unit, and
the Legal Aid Bureau, Inc.;
C. Establish and maintain identical policies
and practices regarding transfer, discharge, and the provision of services
under the State plan for all individuals, regardless of source of
payment;
D. Provide each resident
and, if applicable, the resident's appropriate representative or interested
family member, with a written description of the resident's legal rights,
including a:
(1) Description of the manner of
protecting resident funds; and
(2)
Statement that the resident may file a complaint with the Department or the
Office concerning resident abuse, neglect, misappropriation of resident
property in the nursing facility, and noncompliance with advance directive
requirements;
E. Place
the name, address, and telephone number of the physician who is responsible for
the resident's care within easy access of the resident;
F. Inform the resident and the appropriate
legal representative, or interested family member, and promptly consult with
the resident's physician if any of the following incidents occur:
(1) An accident involving the resident which
results in injury;
(2) A
significant change in the resident's physical, mental, or psychosocial
status;
(3) A need to alter
treatment significantly; or
(4) A
decision to transfer or discharge the resident from the nursing
facility;
G. Consistent
with State and federal confidentiality laws and, in a timely manner, notify a
resident and, if applicable, the resident's representative or interested family
member, of any:
(1) Change in
condition;
(2) Adverse event that
may result in a change in condition;
(3) Outcome of care that results in an
unanticipated consequence; and
(4)
Corrective action, if any;
H. Notify the resident and, when applicable,
the appropriate representative, or interested family member, when there is a
change in:
(1) Room or roommate
assignment;
(2) The Residents' Bill
of Rights; or
(3) Federal or State
law and regulations relating to residents' rights;
I. Record and update the address and phone
number of the resident's representatives and interested family
members;
J. Permit representatives
of the State Long-Term Care Ombudsman Program to accomplish their
responsibilities, as set forth in
42 U.S.C. § 3058g, the State Long-Term Care Ombudsman
Program;
K. Encourage the
activities of resident and family groups by:
(1) Providing the residents and their
families with private space for meetings;
(2) Designating a staff person to provide
assistance and respond to written requests from residents and their
families;
(3) Listening to the
views of residents and their families;
(4) Acting upon the grievances and
recommendations of residents and their families concerning proposed policy and
operational decisions affecting resident care and life in the nursing facility;
and
(5) Advising resident and
family groups of the disposition of their grievances and
recommendations;
L.
Educate staff, residents, representatives, and interested family members on
advance directives;
M. When
applicable, promptly provide the Medical Assistance Program with all required
information in its possession; and
N. Provide copies of clinical records upon
request, based on the following charges:
(1) A
fee for copying and mailing not exceeding 50 cents per page;
(2) A discretionary fee not to exceed $15 for
record retrieval and preparation;
(3) The actual cost of postage and handling
of the copies; and
(4) A
discretionary annual adjustment in the fees described in §M(1)-(3) of this
regulation based on the current Consumer Price Index.
