Current through Register Vol. 51, No. 19, September 20, 2024
A. An
applicant shall obtain a license from the Department before providing
services.
B. Initial and Renewal
Licensure. In order to be licensed as a limited private inpatient facility, the
facility shall:
(1) File an initial
application with the Department that:
(a) Is
on the written or electronic form approved by the Department with the
requirement that all questions are answered and all required documents are
attached; and
(b) Includes
documentation of:
(i) Fire, liability, and
hazard insurance coverage on the building in which the facility is
located;
(ii) Compliance with
relevant federal, State, or local ordinances, laws, regulations, and orders,
including zoning and safety; and
(iii) Accreditation as a limited private
inpatient facility or comparable facility by the Joint Commission under its
Standards for Behavioral Health Care;
(2) Be subject to:
(a) An initial survey to determine compliance
with all appropriate statutes or regulations related to zoning, construction,
fire safety, food service, and any other applicable codes; and
(b) The investigation of complaints and
incidents by the Department;
(3) Submit a facility service plan as
required by Regulation .10 of this chapter; and
(4) Submit all required fees for licensure as
specified in §I of this regulation.
C. An application filed on behalf of a
corporation, association, or governmental unit or agency shall:
(1) Be made by two officers of the
corporation, association, or governmental unit or agency; and
(2) Include the:
(a) Names of all Board members;
(b) Names of persons holding 2 percent or
more of the stock or assets; and
(c) Ownership of property, real estate, and
equipment, if other than the licensee's.
D. Display of License. The facility shall
visibly post the facility's license in a public area in the facility.
E. The facility shall immediately notify the
Department in writing of any change in the information the licensee had
submitted with the most recent application, including the program service
plan.
F. To ensure the completion
of any review or inspection by the Department of any major renovations, any
construction of resident care areas, or the establishment of a medical service
as defined under Health-General Article, §19-120, Annotated Code of
Maryland, that has not previously been provided by the facility, the facility
shall notify the Department 60 days before the facility begins to accept
occupancy or begins operation.
G.
Renewal of License.
(1) An application on the
written or electronic form provided by the Department for the renewal of the
license shall be made by an accredited facility within 30 calendar days of the
exit date of the triennial survey conducted by the Joint Commission.
(2) The Department shall grant a renewal
license to an applicant to operate if the applicant submits:
(a) A completed application for license
renewal with the required fees as specified by the Joint Commission;
(b) A copy of the triennial survey
report;
(c) A copy of the
corrective actions taken for standards not met; and
(d) A copy of the certificate for
accreditation by the Joint Commission.
H. Loss of Accreditation.
(1) In the event of the loss of accreditation
and the conclusion of all appeals to the Joint Commission, the facility may
continue to be licensed only until the facility promptly arranges for the safe
discharge of each resident to another facility or to appropriate outpatient
services. The facility shall cease operation upon the discharge of all
residents.
(2) When performing
surveys, whether based on loss of accreditation, complaints received, or
incidents reported, the Department shall determine compliance or noncompliance
based on:
(a) Applicable State and federal
law; and
(b) The Standards for
Behavioral Health Care.
I. License Fees.
(1) A facility shall submit a written or
electronic application on a form approved by the Department along with the fee
established in this regulation.
(2) A facility that has filed an application
for accreditation that meets the requirements for a provisional license shall:
(a) Submit a $500 nonrefundable license fee
payable to the Department; and
(b)
On receiving accreditation, pay an additional $1,500 nonrefundable license fee
per accreditation period of 3 years, payable to the Department.
(3) A facility shall submit a
$1,500 nonrefundable license fee per accreditation period of 3 years, payable
to the Department.
J.
Provisional License.
(1) A facility that
submits documentation showing the facility has applied to the Joint Commission
for accreditation but has not yet been accredited at the time of application
but otherwise meets the requirements for licensure shall be issued a
provisional license.
(2) The
provisional license shall be issued for a period of not greater than 1 year
from issuance.
(3) A facility
issued a provisional license shall be subject to subsequent surveys by the
Department to determine compliance with this chapter and applicable standards
of the Joint Commission until accreditation is awarded.
(4) If the Joint Commission denies
accreditation to a facility before the expiration of the provisional license,
the facility shall cease operations upon the prompt and safe discharge of all
residents.
