(a) In this subtitle the following words have the meanings indicated. (b) “Actual harm deficiency” means a condition existing in a nursing home or an action or inaction by the nursing home staff that has caused physical or emotional injury or impairment to a resident. (c) “Concurrent review” means daily rounds by a licensed nurse which include: (1) Appraisal […]
(a) (1) In addition to the requirements for licensure of a related institution as provided in this title, an applicant for licensure of a nursing home shall include in the application the identity of: (i) Any person with an ownership interest in the nursing home; and (ii) Any management company, landlord, or other business entity that will operate or […]
On review of the information required under § 19–1401.1 of this subtitle and any other information that is relevant to the ability of the applicant to operate a nursing home, the Secretary may: (1) Approve an application for a license; (2) Deny an application for a license; (3) Approve an application for a license subject to conditions; or […]
(a) A licensee shall report to the Secretary or the Secretary’s designee any significant change in the financial condition of the nursing home, including cash flow or any other circumstances that could adversely affect the nursing home’s delivery of essential services to patients, including nursing services, dietary services, and utilities. (b) Except as provided by subsection (c) […]
(a) If a deficiency exists, the Secretary may impose sanctions that include: (1) A directed plan of correction with corrective measures necessary to protect residents; (2) Imposing adequate staffing levels in a nursing home; (3) Appointing a State monitor subject to § 19-1405 of this subtitle; and (4) Imposing a civil money penalty. (b) A civil money penalty may be imposed […]
(a) If a civil money penalty is proposed, the Secretary shall issue an order which shall state the basis on which the order is made, the deficiency or deficiencies on which the order is based, the amount of civil money penalties to be imposed, and the manner in which the amount of civil money penalties imposed […]
(a) A civil money penalty imposed under this section for potential for more than minimal harm deficiencies: (1) May not exceed $10,000 per instance; or (2) May not exceed $1,000 per day for an ongoing pattern of deficiencies until the nursing home is in compliance. (b) A civil money penalty imposed under this subtitle for actual harm deficiencies: (1) May […]
(a) When the Department determines that there is a deficiency in a nursing home, the Department may appoint an independent monitor to oversee efforts made by the nursing home to achieve compliance with State and federal regulations governing nursing homes that participate in the Medicare and Medicaid programs. (b) The appointment of a State monitor is an […]
(a) Within 15 days of the request for an appeal by a nursing home, the nursing home shall deposit the amount of the civil money penalty in an interest bearing escrow account, the nursing home shall bear any cost associated with establishing the escrow account, and the account shall be titled in the name of the […]
(a) (1) There is a Health Care Quality Account established in the Department. (2) The Health Care Quality Account shall be funded by civil money penalties paid by nursing homes and other penalties that the Office of Health Care Quality may assess. (3) The Department shall pay all penalties collected under this title to the Comptroller of the State. […]
(a) (1) Subject to subsection (c) of this section, the Department shall make a site visit and conduct a full survey of each licensed nursing home at least once per calendar year. (2) Unless otherwise required by federal law, all surveys shall be unannounced. (b) (1) Subject to paragraph (2) of this subsection, the Department shall initiate an investigation of […]
(a) The Department shall develop a clear and easy–to–understand graphic data dashboard that includes: (1) The number of staff hired by the agency in each unit in the fiscal year to date; (2) The number of surveyors employed by the agency in each unit in the fiscal year to date; and (3) The number of vacancies within the agency […]
(a) There is an Oversight Committee on Quality of Care in Nursing Homes and Assisted Living Facilities. (b) The Oversight Committee shall consist of the following members: (1) One member of the Senate Finance Committee, appointed by the President of the Senate; (2) One member of the Senate Education, Health, and Environmental Affairs Committee, appointed by the President of […]
(a) Each nursing home shall develop and implement a quality assurance program. (b) (1) Each nursing home shall designate a qualified individual to coordinate and manage the nursing home’s quality assurance program. (2) Each nursing home shall establish a quality assurance committee and shall include at least the following members: (i) The nursing home administrator; (ii) The director of nursing; (iii) The […]
(a) On or before December 1, 2008, each nursing home shall establish a safe patient lifting workgroup with equal membership from management and employees. (b) (1) On or before July 1, 2009, the safe patient lifting workgroup shall develop a safe patient lifting policy for the nursing home. (2) The goal of the policy shall be to reduce employee […]
(a) In this section, “workplace safety” means the prevention of any physical assault or threatening behavior against an employee in a nursing home. (b) This section applies to nursing homes that are licensed for 45 beds or more. (c) Each nursing home shall assign to an appropriate committee the task of: (1) Conducting an annual assessment of workplace safety […]
(a) (1) In this section the following words have the meanings indicated. (2) “Catastrophic health emergency” means a health emergency with regard to which the Governor issues a proclamation under § 14–3A–02 of the Public Safety Article. (3) “Compassionate care visitor” means a family member or legal guardian of a resident or any individual who is important to the […]
(a) (1) Each nursing home shall designate a physician to serve as medical director. (2) The medical director is responsible for monitoring physician services at the nursing home. (3) The medical director shall report monthly to the quality assurance committee on the quality of medical care at the nursing home. (b) The Secretary, in consultation with the Medical and Chirurgical […]
(a) The Secretary shall: (1) Establish a technical assistance unit within the Department to support compliance efforts and best practices; and (2) Establish a list of approved medical automated systems. (b) The Secretary may: (1) Partially reimburse a nursing home for installation of automated systems that have been approved by the Department; (2) Develop guidelines for reimbursement; and (3) Adopt regulations for […]
Each nursing home shall: (1) Establish a procedure to provide for the smooth and orderly transfer of residents in the event of closure; (2) Provide a 30-day notice to residents and their families or guardians prior to closure of the nursing home unless the Department waives the notice requirement; (3) Provide a 15-day notice to residents and their […]
