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Section 19-301 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Accredited hospital” means a hospital accredited by the Joint Commission on Accreditation of Healthcare Organizations.     (c)    “Accredited residential treatment center” means a residential treatment center that is accredited by the Joint Commission on Accreditation of Healthcare Organizations.     (d)    “Apartment unit” means any space, in a residential building, […]

Section 19-302 – Scope of Subtitle

    (a)    This subtitle does not apply to a dispensary or first aid treatment facility that is maintained only to provide services for:         (1)    Employees of a commercial or industrial plant;         (2)    Employees or students of an educational institution; or         (3)    Individuals in a convent, county home, motel, hotel, apartment, or facility, if the individuals are able to live independently. […]

Section 19-303 – Nonprofit Hospitals; Community Benefit

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Commission” means the Health Services Cost Review Commission.         (3)    (i)    “Community benefit” means a planned, organized, and measured activity that is intended to meet identified community health needs within a service area.             (ii)    “Community benefit” may include:                 1.    A community health service;                 2.    Health professional education;                 3.    Research;                 4.    A financial contribution; […]

Section 19-304 – Reporting Unexpected Occurrences or Incidents; Analysis

    (a)    A hospital or related institution shall:         (1)    Report an unexpected occurrence related to an individual’s medical treatment that results in death or serious disability that is not related to the natural course of the individual’s illness or underlying disease condition; and         (2)    Submit the report to the Department within 5 days of the hospital’s or related institution’s […]

Section 19-305 – Notification of Change in Condition or Adverse Event by Residential Treatment Centers

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Adverse event” means an unexpected occurrence that:             (i)    Is related to a resident’s medical or behavioral treatment; and             (ii)    Is not related to the natural course of the resident’s illness or underlying disease condition.         (3)    “Change in condition” means a significant change in a resident’s physical, mental, or […]

Section 19-307 – Classifications of Hospitals and Related Institutions

    (a)    (1)    A hospital shall be classified:             (i)    As a general hospital if the hospital at least has the facilities and provides the services that are necessary for the general medical and surgical care of patients;             (ii)    As a special hospital if the hospital:                 1.    Defines a program of specialized services, such as obstetrics, mental health, tuberculosis, orthopedy, chronic disease, […]

Section 19-307.1 – Regulations for Limited Service Hospitals

    The Department shall adopt regulations for a limited service hospital that include the following standards:         (1)    The limited service hospital shall be open 24 hours a day, 7 days a week;         (2)    There shall be at least one physician credentialed in emergency medicine at the limited service hospital at all times;         (3)    A sufficient number of registered nurses […]

Section 19-307.2 – Licensed Bed Capacity

    (a)    For a hospital classified as a general hospital, the Secretary shall annually calculate the hospital’s licensed bed capacity.     (b)    The annual licensed bed calculation for each hospital shall equal 140 percent of the average daily census for the 12-month period immediately preceding the calculation.     (c)    If necessary to adequately meet demand for services, a hospital may exceed […]

Section 19-308 – Standards and Inspections

    (a)    The Secretary shall adopt reasonable rules and regulations that set standards of services for related institutions, accredited hospitals, nonaccredited hospitals, accredited residential treatment centers, and nonaccredited residential treatment centers in the following areas:         (1)    The care of patients;         (2)    The medical supervision of patients;         (3)    The physical environment;         (4)    Disease control;         (5)    Sanitation;         (6)    Safety; and         (7)    Dietary matters.     (b)    (1)    To assure compliance […]

Section 19-308.1 – Patient Care Personnel

    (a)    (1)    In this section, “patient care personnel” means an individual whom a related institution employs to provide health related or personal care services.         (2)    “Patient care personnel” does not include an individual who provides general administrative, nonmedical supervisory, or record keeping services in a related institution.     (b)    The Secretary may adopt reasonable rules and regulations that set minimum […]

Section 19-308.2 – Transfer of Patients Between Hospitals

    (a)    (1)    Subsection (b)(1) of this section is not intended to preempt the requirements of § 10-625 of this article.         (2)    The Department shall adopt guidelines, after consultation with the Maryland Hospital Association, Inc., governing the transfer of patients between hospitals to ensure that transfers of patients between hospitals are accomplished in a medically appropriate manner and in […]

Section 19-308.3 – Applications or Contracts for Admission

    (a)    In this section “facility” means a related institution that, under the regulations of the Department, is a comprehensive care facility or an extended care facility.     (b)    Before a facility may use an application or contract for admission the administrator of the facility shall submit the application or contract for admission to the Department.     (c)    Before a facility […]

Section 19-308.4 – Personal Identification Tags for Employees and Certain Others

    (a)    Each hospital or nursing facility in the State shall ensure that its employees and any other individuals who provide a health care service within or on the premises of the hospital or nursing facility wear a personal identification tag, except where inappropriate for medical reasons, that indicates in readable text:         (1)    The first name, nickname, last […]

Section 19-308.5 – Universal Newborn Hearing Screening Program

    (a)    Each hospital that provides obstetrical services shall establish a universal newborn hearing screening program to ensure that:         (1)    (i)    All newborns born in the hospital are screened for hearing loss before discharge; and             (ii)    The results are reported as required under § 13–605 of this article; and         (2)    Before discharge and to the extent practicable, the hospital provides to […]

Section 19-308.6 – Uniform Emergency Security Codes for Hospitals

    (a)    The Secretary, in consultation with the Association of Maryland Hospitals and Health Systems and the Maryland Association of Hospital Security and Safety Directors, shall develop a uniform set of emergency security codes for hospitals.     (b)    The Secretary shall adopt regulations to implement the uniform set of emergency security codes.     (c)    Each hospital in Maryland shall implement the […]

Section 19-308.7 – Umbilical Cord Blood Donation

    (a)    Unless it is medically inadvisable, each hospital shall allow a pregnant patient to arrange for the donation of the blood extracted from the umbilical cord of the patient’s newborn child to a certified public cord blood bank.     (b)    A patient who agrees to donate cord blood to a public cord blood bank may not be charged […]

Section 19-308.8 – Discharge or Transfer of Patients

    (a)    A hospital may discharge a patient:         (1)    Entirely;         (2)    To another level of care, treatment, or services;         (3)    To different health professionals; or         (4)    To settings for continued services.     (b)    A hospital’s process for transfer or discharge shall be based on a patient’s assessed needs.     (c)    To facilitate discharge or transfer, the hospital shall:         (1)    Assess a patient’s needs;         (2)    Plan for discharge […]

Section 19-309 – Complaints

    (a)    Notwithstanding any other provisions of this subtitle, each hospital or residential treatment center shall be open to inspections by the Department to investigate and resolve any complaint concerning patient care, safety, medical and nursing supervision, physical environment, sanitation or dietary matters.     (b)    (1)    To resolve expeditiously a complaint that alleges the existence of any nonlife-threatening deficiency, the […]

Section 19-310 – Organ or Tissue Donations

    (a)    (1)    In this subsection, “designated requestor” means a hospital employee who has completed a course offered by an organ, tissue, or eye recovery agency on how to approach potential donor families and request organ or tissue donation.         (2)    (i)    On or before the occurrence of each death in a hospital, the hospital shall contact an appropriate organ, tissue, […]

Section 19-310.1 – Quality Assessment of Nursing Facilities; Medicare Reimbursement

    (a)    (1)    This section applies to a nursing facility, as defined in § 19–301 of this subtitle, that:             (i)    Has 45 or more beds; and             (ii)    Operates in the State.         (2)    This section does not apply to a nursing home bed in a continuing care retirement community that has obtained a certificate of registration to provide continuing care under Title […]