Current through Register Vol. 51, No. 19, September 20, 2024
A. A local health
department's governing body is the governing body of the respective county as
set forth in Health-General Article, Title 3, Subtitle 3, Annotated Code of
Maryland.
B. Except for local
health departments, forensic residential centers (FRCs), and State residential
centers, the governing body of all licensees shall include, at a minimum, at
least one individual with a developmental disability, one family member of an
individual with a developmental disability, and an individual with experience
in the field of developmental disabilities.
C. Except for local health departments,
forensic residential centers (FRCs), and State residential centers, the
governing body of all licensees shall adopt written bylaws which require the
governing body to be legally responsible for:
(1) Overseeing the management and operation
of the licensee;
(2) Ensuring that
the licensee operates in compliance with all of the requirements of this
chapter and all other applicable laws and regulations;
(3) Approving a licensee's mission statement,
long-range goals, policies, procedures, and budget;
(4) Defining and prohibiting those
circumstances which would create a financial or personal conflict of interest
for members of the governing body, staff, care providers, volunteers, and
members of the standing committee;
(5) Ensuring that the licensee responds to
all POCs in a timely manner;
(6)
Approving a licensee's program service plan and ensuring that its services are
provided in accordance with the plan;
(7) Ensuring that at least 75 percent of the
governing body of a licensee shall be residents of the State or reside within a
100 mile radius of the administrative offices of the licensee, which shall be
located in the State unless the licensee:
(a)
Has established an Administration approved community-based advisory board or
committee; and
(b) Receives an
Administration approved waiver;
(8) Ensuring that no employee of a licensee
or immediate family member of an employee of a licensee may serve as a voting
member of the governing body of the licensee unless:
(a) The employee receives services from the
licensee; or
(b) The Administration
approves the composition of the governing body through an innovative program
services plan in accordance with Regulation .09 of this chapter; and
(9) Ensuring that by January 1,
2008, members of the governing body and employees of the licensee may not own
property that is leased back to the licensee.
