Current through Register Vol. 51, No. 19, September 20, 2024
A. A person, partnership, corporation, or
association, or any State or local government or agency thereof, may not
conduct, operate, or maintain a home health agency in the State without being
licensed by the Department. A license is valid for 1 year from the date of
issuance, unless revoked by the Secretary.
B. Application for License. An agency
desiring to conduct, operate, or maintain a home health agency in the State
shall file an application with the Secretary, on a written or electronic form
provided by the Secretary.
C.
Renewal of License. An agency shall file an application on the written or
electronic form provided by the Secretary for renewal of the license at least
60 days before expiration of the issued license and submit it on forms provided
by the Secretary.
D. The home
health agency shall:
(1) Demonstrate
compliance with all applicable federal, State, and local laws and regulations,
including the requirement of Health-General Article, Title 19, Subtitle 1,
Annotated Code of Maryland.
(2)
Provide liability insurance to cover all employees. The agency shall also
ensure that its contractual persons possess appropriate liability
protection.
(3) Maintain records as
determined by the Department and make the records available to the Department
upon request.
(4) Accept patients
for skilled care only on the signed order of a physician, obtained within 28
days after acceptance.
(5) Contact
a physician to obtain a signed order as soon as possible, but not later than 10
days after acceptance of a patient for skilled care, and record all efforts to
contact the physician.
(6) Adopt
procedures for the administration of drugs and biologicals which shall include:
(a) The administration of treatment
modalities, including any intravenous procedures, chemotherapy, parenteral
feedings, and injections;
(b) The
assurance of 24-hour-a-day availability of care for the hours during the
administration of intravenous medications and nutritional support;
(c) The administration of drugs and
treatments only by the following licensed agency staff:
(i) Physician,
(ii) Registered nurse, or
(iii) Licensed practical nurse if the drugs
or treatments are administered under the supervision of a registered nurse in
accordance with the physician's plan of treatment, and in accordance with a
plan of care developed by a registered nurse;
(d) Minimum training in keeping with
applicable law for staff who administer drugs and treatments;
(e) Drugs and treatments to be administered
only as ordered by the physician;
(f) Documentation in the patient's medical
record of medications administered and any medication errors, adverse drug
reactions, and corrective actions;
(g) If the agency provides to any patient
controlled drugs as described in Criminal Law Article, Title 5, Subtitle 4,
Annotated Code of Maryland, written policies and procedures governing the
disposal of controlled drugs in accordance with applicable federal and State
laws and regulations.
(7) Have services available at least 8 hours
a day, 5 days a week, and available on an emergency basis 24 hours a day, 7
days a week by:
(a) Establishing a procedure
by which any patient may contact a representative of the agency at any time by
telephone;
(b) Ensuring that the
person receiving patient calls is able to contact a registered nurse
immediately, but not later than 1/2 hour after receipt of a patient's call;
and
(c) Ensuring that the
registered nurse:
(i) Assesses the patient's
needs; and
(ii) In emergency
situations, renders immediate care to the patient, or causes the patient to be
treated by an appropriate health care provider.
E. The Department shall:
(1) Issue its operating license only to the
home health agency named in the application. The license may not be transferred
or reassigned. The license shall be immediately void if the home health agency
ceases to operate and shall be returned to the Department.
(2) Issue licenses which expire 1 year from
the date of its issuance or, in the case of a provisional license, on the date
specified at the time of issuance, unless otherwise revoked or suspended by the
Department.
(3) Make inspections
and surveys at least annually to determine compliance with the
regulations.
(4) Conduct its
inspections, surveys, and investigations at all reasonable times and at all
geographical locations considered necessary for the proper conduct of its
business.
(5) Prepare a written
report detailing its determination of compliance with those regulations. A copy
of this report shall be forwarded to the applicant within 30 days of the
inspection.
F. If a
parent agency is located outside the State, the Department shall issue a
license if:
(1) At least one branch office is
located within the State; or
(2)
The parent agency is located in a state bordering Maryland and either the:
(a) Bordering state has a reciprocal
agreement for home health licensure, under which the agency may be inspected at
the discretion of the Department; or
(b) Agency agrees to be inspected by the
Department.
G. Investigation of complaints shall be
conducted by the Department as necessary.
