Current through Register Vol. 51, No. 19, September 20, 2024
A. Request for
Deemed Status. If a group home is licensed by the Department and is accredited
by the Joint Commission on the Accreditation of Health Care Organizations
(JCAHO) or the Rehabilitation Accreditation Commission (CARF), the governing
body of the group home may request that the Secretary grant the group home
deemed status by submitting a written request:
(1) At least 90 days before the expiration of
the group home's license;
(2) To
the:
(a) Administration,
(b) CSA, if the jurisdiction in which the
program is to be located is served by a CSA, and
(c) Health officer, if the jurisdiction in
which the program is to be located is not served by a CSA; and
(3) That includes the:
(a) Application required under Regulation
.05B of this chapter, and
(b)
Accreditation body's full report including the group home's status and any
conditions placed on the group home.
B. Evaluation of Request for Deemed Status.
Within 30 calendar days of receipt of the request under §A of this
regulation:
(1) The Administration, in
consultation with the CSA:
(a) Shall evaluate
the:
(i) Application,
(ii) Report of the accreditation body,
and
(iii) Most recent report by the
Department's designated licensure unit;
(b) May meet with the applicant;
and
(c) May arrange for an on-site
evaluation; and
(2) The
Director shall recommend to the Secretary a decision regarding deemed status,
based on:
(a) Comparison of the standards
used by the accreditation body with the requirements outlined in COMAR
10.21.17, 10.21.21, 10.21.22, and this chapter; and
(b) The results of an on-site evaluation, if
any.
C.
Decision Regarding Deemed Status. Based on the evaluation of the request for
deemed status conducted under §B of this regulation, within 45 calendar
days of completion of the evaluation, the Secretary shall:
(1) Decide, whether to:
(a) Grant deemed status,
(b) Grant deemed status with conditions,
which may include evaluation by the Department's designated licensure unit,
or
(c) Propose to deny deemed
status; and
(2) Send
notice of the proposed decision to the:
(a)
Department's designated licensure unit,
(b) Governing body,
(c) Group home director,
(d) Administration, and
(e) As applicable, either the CSA director or
health officer.
D. Proposal to Deny Deemed Status.
(1) If the Secretary proposes to deny
approval of deemed status, the Secretary shall give written notice of the
proposed denial to those listed in §C(2) of this regulation.
(2) In the notice under §D(1) of this
regulation, the Secretary shall include:
(a)
The date that the Secretary proposes to deny approval of deemed
status;
(b) Location, including
street address, to which the proposed denial applies;
(c) The facts that warrant the proposed
denial; and
(d) Notification that,
before the denial, the program has a right to a hearing.
(3) Upon receipt of the notice under
§D(2) of this regulation, the chairman of the governing body may:
(a) Withdraw the request for deemed status;
and
(b) Request an on-site review
for approval by the Department's designated licensure unit.
(4) If the governing body does not
take the action under §D(3) of this regulation and if, after notice and
opportunity to be heard, the Secretary denies approval of deemed status, the
Director shall notify the governing body that, unless the program elects not to
seek approval, the Department's designated approval unit shall conduct an
on-site review for the purpose of granting or denying a license.
