Current through Register Vol. 51, No. 19, September 20, 2024
A.
The Mental Hygiene Administration shall be responsible for approving the
programmatic aspects of the day treatment services. Approval shall be issued on
the basis of a formal scheduled site visit by a designated evaluation team of
the Administration on the basis of these regulations.
B. Initial Approval.
(1) The site-visit team shall make a
recommendation for approval or disapproval in writing to the Director of the
Mental Hygiene Administration. A copy of the recommendation shall be sent
simultaneously to the program.
(2)
The program shall have the right to question the recommendation of the
evaluation team by sending a reply in writing to the Director of the Mental
Hygiene Administration within 20 days of the receipt of the recommendation.
This reply shall give reasons why the recommendation is not
justified.
(3) Upon request, a
conference shall be held with all parties present before the final
determination.
(4) The Director of
the Mental Hygiene Administration shall have the final decision for granting or
withholding approval to programs after consideration of the position presented
by the evaluated program and after consultation with members of the site-visit
team.
C. Provisional
Approval. Provisional approval may be granted to programs in which the
deficiencies cited have no adverse effect on the life-safety or health status
of patients and the facility has concrete plans to correct these deficiencies
by a prescribed date. The Mental Hygiene Administration may establish
conditions in giving provisional approval and set a date by which those
conditions shall have been met.
D.
Revocation of Approval.
(1) Approval may be
revoked after notice and hearing before the Director of the Mental Hygiene
Administration or his designee upon finding of failure to comply with standards
or to comply with conditions of approval when a provisional approval has been
given.
(2) Notice of an intent to
revoke approval and the grounds for the revocation shall be given in writing to
the Director of the program.
(3)
The program shall have the right to file a reply in writing to the notice of
intent to revoke within 20 days of the receipt of the notice. The reply shall
set forth why the revocation is not justified.
(4) The program shall have the right to
representation by counsel, and the hearing shall follow procedures set forth in
COMAR 10.01.03 Procedures for Hearings Before the Secretary of Health and
Mental Hygiene.
(5) A program whose
approval has been revoked may appeal the decision to the Secretary of Health
and Mental Hygiene under Article 41, § 251, according to the procedures
set forth in COMAR 10.01.03 Procedures for Hearings Before the Secretary of
Health and Mental Hygiene.
