Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.10 - Psychiatric Residential Treatment Facility (PRTF) Demonstration Waiver Providers
Section 10.21.10.04 - Denial, Emergency Suspension of Approval, and Disciplinary Action
Universal Citation: MD Code Reg 10.21.10.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. Denial of Approval.
(1) If the Department proposes to
deny approval to an applicant under the provisions of this chapter, the
Department shall give written notice of the proposed denial to the:
(a) Provider applicant;
(b) Care management entity; and
(c) Administrative service organization
(ASO).
(2) In the notice
under §A(1) of this regulation, the Department shall include:
(a) The date on which the Department proposes
to deny approval;
(b) The facts
that warrant the proposed denial of approval;
(c) Citation of the regulation or regulations
upon which the proposed denial is based;
(d) Notification that before the denial of
approval, the provider may request a hearing under the provisions of COMAR
10.21.16; and
(e) When feasible,
notification of a case resolution conference.
B. Disciplinary Action.
(1) The Department may propose to take any of
the following disciplinary actions against a provider:
(a) Revocation of approval;
(b) Suspension of approval;
(c) Probation with conditions; or
(d) Banning new admissions.
(2) The Department may propose to
take one of the actions outlined in §B(1) of this regulation if the
provider:
(a) Is out of compliance with the
requirements of:
(i) This chapter;
or
(ii) COMAR 10.09.79;
(b) Fails to maintain financial
viability; or
(c) Obtains or
attempts to obtain approval by fraud, misrepresentation, or the submission of
false information to the Department.
(3) Except under §C of this regulation,
the Department shall send written notice of the proposed action not less than
45 calendar days in advance of the proposed action taken under this regulation
to the:
(a) Provider;
(b) Care management entity; and
(c) ASO.
(4) In the notice under §B(3) of this
regulation, the Department shall include:
(a)
The date on which the Department proposes to take action and, when feasible,
the date of a case resolution conference;
(b) The facts that warrant the proposed
action;
(c) Citation of the
regulation or regulations upon which the proposed action is based;
and
(d) Notification that, before
the action, the provider has the right to request a hearing under the
provisions of COMAR 10.21.16.
(5) If, after notice and opportunity to be
heard, the Department takes disciplinary action, the provider shall, within 10
working days:
(a) Notify individuals or the
guardians of individuals receiving services of the action; and
(b) If the program ceases operations:
(i) Notify individuals or the guardians of
individuals receiving services of the suspension; and
(ii) Cooperate with the care management
entity, child and family team, and the Mental Hygiene Administration in
accessing appropriate alternate services for individuals served by the
provider.
C. Emergency Suspension of Approval.
(1) Under State Government Article, §10-226, Annotated
Code of Maryland, upon findings of conditions that pose an imminent risk to the
health, safety, or welfare of an individual served by a provider, the
Department may order the immediate suspension of the approval of the provider
and the cessation of operation.
(2)
If the Department takes the action under §C(1) of this regulation, the
Department shall promptly give written notice of the proposed emergency
suspension to the:
(a) Provider;
(b) Care management entity; and
(c) ASO.
(3) In the notice under §C(2) of this
regulation, the Department shall include:
(a)
The proposed effective date of the emergency suspension;
(b) When feasible, the date of a
pre-deprivation hearing and a case resolution conference before the
Department's final action;
(c) The
findings under §C(1) of this regulation and the reasons that support the
findings;
(d) Notification that:
(i) Following the emergency suspension, the
provider may request a hearing under the provisions of COMAR 10.21.16;
and
(ii) The emergency suspension
may lead to revocation of the approval if the violation or violations are not
corrected within the time period specified by the Department.
(4) If the Department
suspends approval, the provider shall immediately:
(a) Notify individuals or the guardians of
individuals receiving services of the suspension;
(b) Cooperate with the care management
entity, child and family team, and the Mental Hygiene Administration in
accessing appropriate alternate services for individuals in the program;
and
(c) Cease operations of the
program.
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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