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Section 19-401 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Home health agency” means a health-related institution, organization, or a part of an institution that:         (1)    Is owned or operated by 1 or more persons, whether or not for profit and whether as a public or private enterprise; and         (2)    Directly or through a contractual arrangement, provides […]

Section 19-402 – Statement of Purpose

    The purpose of home health care is:         (1)    To avoid institutionalization;         (2)    To shorten hospital stays;         (3)    To speed recovery; and         (4)    To bridge the gap in community health services for patients who otherwise could not get adequate health care.

Section 19-403 – Scope of Subtitle

    This subtitle does not:         (1)    Limit the right of any person to practice a health occupation that the individual is authorized to practice under the Health Occupations Article;         (2)    Limit the right of any person who holds a license under this article to act as authorized by that license; or         (3)    Prohibit the care of an individual who […]

Section 19-404 – Rules and Regulations

    (a)    The Department shall adopt rules and regulations that set standards for the care, treatment, health, safety, welfare, and comfort of patients of home health agencies.     (b)    The rules and regulations shall provide for the licensing of home health agencies and shall establish standards that require as a minimum, that all home health agencies:         (1)    Within 10 days […]

Section 19-405 – License Required

    Except as otherwise provided in this subtitle, a person shall be licensed by the Department before the person may operate a home health agency.

Section 19-406 – Qualifications of Applicants

    To qualify for a license, an applicant shall:         (1)    Show that the home health agency will provide:             (i)    Appropriate home health care to patients who may be cared for at a prescribed level of care, in their residence instead of in a hospital; and             (ii)    Skilled nursing, home health aid, and at least one other home health care […]

Section 19-407 – Inspections; Issuance and Revocation of Licenses

    The Department shall:         (1)    Inspect the operations of each home health agency at least every 3 years to determine whether it is meeting the requirements of this subtitle and the rules and regulations adopted under it; and         (2)    Issue, deny, suspend, or revoke a home health agency license in accordance with the rules and regulations adopted under […]

Section 19-408 – Prohibited Acts

    (a)    A person may not operate, attempt to operate, or hold one’s self out as operating a home health agency unless licensed under this subtitle.     (b)    A home health agency may not withhold any home health care services from an individual because of the individual’s age, sex, color, creed, national origin, source of payment, or ability to […]

Section 19-409 – Operating Without License

    A person who operates a home health agency without a license is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $10,000 for each subsequent offense.

Section 19-410 – Physical Rehabilitation Services

    A home health agency may not hold itself out as providing a complete array of physical rehabilitation services unless the home health agency:         (1)    Provides a program of coordinated interdisciplinary rehabilitative care, including at a minimum, physical and occupational therapy, speech and language therapy, audiology therapy, psychotherapy, and social work services;         (2)    Holds interdisciplinary meetings with the […]

Section 19-411

    // EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 29 AND 31 OF THE 2021 SPECIAL SESSION //     (a)    (1)    In this section the following words have the meanings indicated.         (2)    “COVID–19” means, interchangeably and collectively, the coronavirus known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus.         (3)    “COVID–19 test” means an in vitro diagnostic test for the detection of […]