Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.09 - Residents' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities
Section 10.07.09.16 - Complaint Procedure
Universal Citation: MD Code Reg 10.07.09.16
Current through Register Vol. 51, No. 19, September 20, 2024
A. A resident, the resident's representative, or an interested individual has the right to:
(1) Make a complaint about the
nursing facility;
(2) Recommend a
change in facility policy and procedure; and
(3) Be free from reprisal, restraint,
interference, coercion, or discrimination by the nursing facility or its
employees as a result of making a complaint or recommending a change in
policy.
B. A nursing facility shall develop and implement the following complaint procedures:
(1) A resident, the resident's
representative, or an interested individual may present complaints to:
(a) The nursing facility
administration,
(b) The nursing
facility's staff,
(c) The
Office,
(d) The Department,
or
(e) Other persons or
groups;
(2) A complaint
may be made to the nursing facility in person, orally or in writing, by
telephone or by mail, and may be reported anonymously;
(3) A nursing facility may not require the
signature of the resident or, when applicable, the resident's representative or
an interested individual on a complaint;
(4) If a complaint is presented to a nursing
facility, the nursing facility shall investigate within 30 days the allegations
made in the complaint and advise the complainant of the action the nursing
facility is taking to resolve the complaint;
(5) A nursing facility shall send to the
Office and the Department a copy of any complaint that a complainant indicates
has not been resolved to the satisfaction of the complainant;
(6) A nursing facility shall maintain a
permanent record for inspection by the Office or the Department of all
complaints concerning the nursing facility; and
(7) A complainant may request a hearing from
the Department within 30 days of receiving the facility's response to the
complaint or within 60 days of filing the complaint, whichever is
earlier.
C. A complaint which has not been resolved to the satisfaction of the complainant may be resolved through a hearing as follows:
(1)
After receiving a written request for a hearing, the Department shall forward a
copy of the request to the Office and schedule a hearing;
(2) The nursing facility may be represented
by the nursing facility administrator, designee, or counsel;
(3) The complainant may be represented by:
(a) The complainant,
(b) The Office,
(c) Counsel, or
(d) Any other individual;
(4) The Department's Director of
Licensing and Certification, or a designee of the Director, shall conduct the
hearing;
(5) The Director or the
Director's designee may:
(a) Receive testimony
from both parties,
(b) If
appropriate, issue deficiencies and require the nursing facility to submit a
plan of correction,
(c) Attempt to
assist the parties in reaching a satisfactory resolution,
(d) Notify the complainant of the results of
the findings and any actions taken, and
(e) Notify the appropriate State's attorney
if there is evidence of criminal conduct.
D. A hearing conducted under §C of this regulation is not a contested case as defined in State Government Article, §10-202, Annotated Code of Maryland.
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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