Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.14 - Assisted Living Programs
Section 10.07.14.11 - Investigation by Department
Universal Citation: MD Code Reg 10.07.14.11
Current through Register Vol. 51, No. 19, September 20, 2024
A. Assisted Living Program to Be Open for Inspection.
(1) An assisted living program operated by a
licensee, and any premises proposed to be operated as an assisted living
program, shall be open at all times to announced or unannounced inspections by
the Department and by any agency designated by the Department.
(2) Any part of the facility, and any
surrounding accessory buildings which may be entered by staff or residents, are
considered part of the facility and are subject to inspection.
B. Records and Reports.
(1) Inspection.
(a) A licensee shall maintain records and
make reports as required by the Department. The records and reports shall be
open to inspection by the Department or its designee.
(b) Except for the records permitted to be
stored off-site, a licensee or licensee's designee shall immediately, upon
request, provide copies of records and reports, including medical records of
residents, to the Department or its designee. The Department or its designee
shall, if requested, reimburse the licensee for the cost of copying the records
and reports.
(2)
Maintenance.
(a) The assisted living program
shall maintain files on-site pertaining to:
(i) Current residents;
(ii) Residents who have been discharged
within the last 6 months;
(iii)
Staff; and
(iv) Quality assurance
activities.
(b) These
files listed in §B(2)(a) of this regulation shall be maintained on-site
where residents are being cared for.
(c) All other records may be stored off-site,
but shall be available for inspection within 24 hours of the Department's
request or request of the Department's designee.
C. An assisted living program shall post the following documents in a conspicuous place that is visible to residents, potential residents, and other interested parties:
(1) All of the following:
(a) Any statement of deficiencies for the
most recent survey;
(b) Any
findings from complaint investigations conducted by State or local surveyors
after the most recent licensure survey; and
(c) Any plans of correction in effect with
respect to the most recent survey or subsequent complaint investigation;
or
(2) A notice
describing where in the facility the items listed in §C(1) of this
regulation may be found.
D. Notice of Violations.
(1) If a complaint investigation or survey
inspection identifies a regulatory violation, the Secretary shall issue a
notice:
(a) Citing the violation or
deficiency;
(b) Requiring the
assisted living program to submit an acceptable plan of correction within 10
calendar days of receipt of the notice of violation or deficiency;
(c) Notifying the assisted living program of
sanctions or that failure to correct the violation may result in sanctions;
and
(d) Offering the assisted
living program the opportunity for informal dispute resolution (IDR).
(2) The plan of correction
referred to in §D(1)(b) of this regulation shall include the date by which
the licensee shall complete the correction of each deficiency. Failure to
return an acceptable plan of correction within the allotted time frame may
result in a sanction.
(3) When a
licensee requests an IDR as provided in §E of this regulation, the
licensee shall file a plan of correction within the required time, except to
the extent that the licensee contests specific findings, in which case absent
the Department's specific directive, a licensee may delay submitting its plan
of correction with respect to those specific findings until 5 days after the
licensee is provided oral or written notice of the outcome of the
IDR.
E. Informal Dispute Resolution.
(1) A licensee may request
informal dispute resolution (IDR) to question violations or deficiencies within
10 calendar days of receiving the statement of deficiencies. The written
request for an IDR shall fully describe the disagreement with the statement of
deficiencies and be accompanied by any supporting documentation.
(2) At the discretion of the Office of Health
Care Quality, the IDR may be held in-person, by telephone, or in writing.
In-person IDRs are informal in nature and are not attended by
counsel.
(3) The IDR process may
not delay the effective date of any enforcement action.
(4) In the event a licensee requests an IDR
of a violation written by a designee of the Department, the Department shall
request the designee to participate in the IDR process.
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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