Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.04 - Community Mental Health Programs-Group Homes for Adults with Mental Illness
Section 10.21.04.06 - Licensure
Universal Citation: MD Code Reg 10.21.04.06
Current through Register Vol. 51, No. 19, September 20, 2024
A. Initial License.
(1) Within 90 days of receipt of an
application completed according to Regulation .05B of this chapter, the
Department's designated licensure unit:
(a)
Shall:
(i) Evaluate the
application,
(ii) Meet with the
applicant, and
(iii) Conduct an
on-site review to inspect the physical plant and evaluate the proposed group
home; and
(b) May ask
the group home program director to submit a program improvement plan regarding
deficiencies cited by the licensure unit.
(2) Based on the evaluation conducted under
§A(1)(a) and the results of the plan under §A(1)(b) of this
regulation, the Secretary shall either:
(a)
Issue a license for a period of 2 years, if the group home:
(i) Has no deficiencies that constitute a
threat to the health, safety, or welfare of the individuals served,
and
(ii) Complies with the
requirements outlined in this chapter and COMAR 10.21.17, 10.21.21, and
10.21.22; or
(b) Propose
to deny a license.
(3)
If the Secretary takes the action in §A(2)(b) of this regulation, the
Secretary shall advise the applicant of hearing rights, as described in
Regulation .12 of this chapter.
B. Renewal License.
(1) If a group home licensee proposes to
continue to operate, the licensee shall file an application for renewal:
(a) At least 60 days before the expiration of
the current license;
(b) With the
Department's designated licensure unit, with copies to the CSA and the
Administration; and
(c) On the form
approved by the Department with the requirement that all questions be answered
and all required documents be attached.
(2) Upon receipt of an application for
renewal, the Department's designated licensure unit:
(a) Shall conduct an on-site evaluation of
the group home; and
(b) May ask the
group home program director to submit a program improvement plan regarding
deficiencies cited by the licensure unit.
(3) Based on the evaluation under
§B(2)(a) and the results of the plan under §B(2)(b) of this
regulation, the Secretary shall either:
(a)
Issue a license for a period of 2 years, if the group home:
(i) Has operated satisfactorily under the
current license, and
(ii) Complies
with the requirements outlined in this chapter and COMAR 10.21.17, 10.21.21,
and 10.21.22; or
(b)
Propose to deny a license.
(4) If the Secretary takes the action in
§B(3)(b) of this regulation, the Secretary shall advise the applicant of
hearing rights, as described in Regulation .12 of this chapter.
C. Waivers and Variances.
(1) Waivers. The Secretary may not waive the
requirements of any regulation adopted under this chapter.
(2) Variances.
(a) The Secretary may grant a variance to a
regulation if the Secretary:
(i) Receives a
written request from a program; and
(ii) Finds that the intent of the regulation
to which a variance is sought is met by the alternative proposed by the
program.
(b) The
Secretary may not grant a variance that would endanger the health or safety of
the individuals served.
(c) The
Secretary may grant a variance that:
(i)
Remains in effect for as long as the program continues to comply with the
conditions under which the variance is granted; or
(ii) Is time limited.
(d) The Secretary shall issue a written
decision, including the reason or reasons for granting or not granting the
variance, and shall:
(i) Send the decision to
the program for inclusion in the program's official file; and
(ii) Enter the decision in the records of the
Department.
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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