Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.14 - Resident Grievance System
Section 10.21.14.02 - Definitions
Universal Citation: MD Code Reg 10.21.14.02
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Central Review Committee" means the
Maryland Department of Health (MDH) staff or their respective designees in the
following positions:
(a) The Director of the
Behavioral Health Administration;
(b) The clinical director of the Behavioral
Health Administration; and
(c) The
Director of the Resident Grievance System.
(2) "Chief executive officer (CEO)" means the
individual appointed by the Director of the Behavioral Health Administration to
act on the Director's behalf in the overall management of a Behavioral Health
Administration facility.
(3) "Coe
consent decree" means the legally binding consent decree in Coe v. Hughes
ordered by the United States District Court for Maryland which sets forth the
legal rights of Mental Hygiene Administration facility residents with respect
to the provision of legal and other related services by the legal assistance
provider and the rights advisor.
(4) "Department (DHMH)" means the Department
of Health and Mental Hygiene.
(5)
"Director of Resident Grievance System" means the individual designated by the
Deputy Secretary of Public Health Services to supervise the rights advisors and
to perform the duties required to implement the Resident Grievance
System.
(6) "Facility" means an
inpatient or residential institution that is owned or directly operated by the
Behavioral Health Administration.
(7) "Grievance" means a written or oral
statement, as authorized in Regulation .05B of this chapter, alleging that a:
(a) Resident's rights have been unfairly
limited or violated or are likely to be violated in the immediate
future;
(b) Resident has been
abused, neglected, or mistreated; or
(c) Facility has acted in an illegal or
improper manner with respect to a resident or a group of residents.
(8) "Grievant" means a resident on
whose behalf a grievance is filed, whether initiated by the resident, an
employee of a facility, a family member of the resident, or an interested
person.
(9) "Legal assistance
provider (LAP)" means the lawyers and legally trained individuals who work
under the lawyers' supervision who are responsible for providing legal services
in accordance with the Coe consent decree.
(10) "Resident" means an individual who
resides in a Behavioral Health Administration inpatient or residential facility
or who was released or discharged from the facility within the past 90
days.
(11) "Resident Grievance
System (RGS)" means the accessible administrative mechanism designed to protect
a resident's rights through the investigation, processing, and resolution of
grievances and implementation of the resolution.
(12) "Residents' rights committee" means a
committee composed of at least nine members who are representative of:
(a) Facility staff;
(b) Residents, former residents, and
residents' family members; and
(c)
Advocacy groups.
(13)
"Rights advisor" means an individual assigned as a resident advocate to
implement the RGS.
(14) "Rights
issue" means an alleged violation of a resident's rights guaranteed by federal
and State constitutions, statutes, regulations, common law, or policies of the
Department, Mental Hygiene Administration, and the facility.
(15) "Unit director" means an individual who
has administrative authority within an organizational component of a
facility.
(16) "Working day" means
every day excluding Saturdays, Sundays, and holidays on which State offices are
closed.
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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