(a) In this subtitle the following words have the meanings indicated. (b) “Home health care” includes any of the following services: (1) Audiology and speech pathology; (2) Dietary and nutritional services; (3) Drug services; (4) Home health aide; (5) Laboratory; (6) Medical social services; (7) Nursing; (8) Occupational therapy; (9) Physical therapy; (10) Provision of invasive medical equipment; and (11) Home medical equipment services. (c) “Home medical equipment services” […]
This subtitle does not: (1) Limit the right of any person who holds a license under this article to act as authorized by that license; or (2) Prohibit the care of an individual who relies on treatment in accordance with the tenets and practices of a recognized church or religious denomination and, with or without compensation, is […]
(a) The Department shall adopt regulations that set standards for the care, treatment, health, safety, welfare, and comfort of individuals who receive home health care services through a residential service agency. (b) The regulations shall provide for the licensing of residential service agencies. (c) The regulations shall include provisions that: (1) Provide for the establishment of residential service agencies; […]
(a) In this section, “supervisory staff” means an individual who supervises direct care staff in the individual’s clinical role. (b) This section does not apply to a residential service agency that only provides durable medical equipment. (c) (1) Except as provided in subsection (d) of this section, beginning July 1, 2022, each residential service agency shall ensure that: (i) Within […]
Except as otherwise provided in this subtitle, a person shall be licensed by the Department before the person may operate a residential service agency.
To qualify for a license, an applicant: (1) Shall show that the residential service agency will provide appropriate home health care providers to sick or disabled individuals who may be provided care in the individual’s residence, instead of in a hospital; (2) Shall meet any additional requirements that the Department adopts; and (3) May not be required to […]
The Department shall: (1) Inspect the operations of each residential service agency to determine whether the agency is meeting the requirements of this subtitle and the regulations adopted under this subtitle; and (2) Issue, deny, suspend, or revoke a residential service agency license in accordance with the regulations adopted under this subtitle.
A person may not operate, attempt to operate, or hold one’s self out as operating a residential service agency, unless the person is licensed under this subtitle.
A person who operates a residential service 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.
A person who operates a residential service agency in violation of the regulations adopted under this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. Each day a violation is continued after the first conviction is a separate offense.
Except as provided by federal law, licensure under this subtitle does not entitle a residential service agency to reimbursement by a third party payor.
(a) (1) On or before December 30, 2021, the Office of the Attorney General, in consultation with the Department and the Maryland Department of Labor, shall produce a guidance document concerning the application of employee protection laws in the Labor and Employment Article, to the use of personal care aides by residential service agencies. (2) The guidance document […]
