Maryland Health - General Section 19-404

      (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 annual license renewal, and shall establish standards that require as a minimum, that all home health agencies:

            (1)      Within 10 days of acceptance of a patient for skilled care, make and record all reasonable efforts to contact a physician to obtain the signed order required under paragraph (2);

            (2)      That accept patients for skilled care do so only on the signed order of a physician obtained within 28 days after acceptance;

            (3)      Adopt procedures for the administration of drugs and biologicals;

            (4)      Maintain clinical records on all patients accepted for skilled care;

            (5)      Establish patient care policies and personnel policies;

            (6)      Have services available at least 8 hours a day, 5 days a week, and available on an emergency basis 24 hours a day, 7 days a week;

            (7)      Make service available to an individual in need within 24 hours of a referral when stipulated by a physician's order;

            (8)      Have a designated supervisor of patient care who is a full-time employee of the agency and is available at all times during operating hours and additionally as needed; and

            (9)      Have as the administrator of the agency a person who has at least 1 year of supervisory experience in hospital management, home health management, or public health program management and who is:

                  (i)      A licensed physician;

                  (ii)      A registered nurse; or

                  (iii)      A college graduate with a bachelor's degree in a health-related field.

      (c)      The rules and regulations may include provisions that:

            (1)      Deal with the establishment of home health agencies;

            (2)      Require each home health agency to have its policies established by a professional group that includes at least:

                  (i)      1 physician;

                  (ii)      1 registered nurse;

                  (iii)      1 representative of another offered service; and

                  (iv)      1 public member;

            (3)      Govern the services provided by the home health agencies;

            (4)      Require keeping clinical records of each patient, including the plan of treatment to be provided;

            (5)      Govern supervision of the services, as appropriate, by:

                  (i)      A physician;

                  (ii)      A registered nurse; or

                  (iii)      Another health professional who is qualified sufficiently by advanced training to supervise the same kind of services in a hospital; and

            (6)      Require submission of an annual report which includes service utilization statistics.

      (d)      (1)      A home health agency accredited by an organization approved by the Secretary shall be deemed to meet State licensing regulations.

            (2)      (i)      The home health agency shall submit the report of the accreditation organization to the Secretary within 30 days of its receipt.

                  (ii)      All reports submitted under this paragraph shall be available for public inspection.

            (3)      The Secretary may:

                  (i)      Inspect the home health agency for the purpose of a complaint investigation;

                  (ii)      Inspect the home health agency to follow up on a serious problem identified in an accreditation organization's report; and

                  (iii)      Annually, conduct a survey of up to 5 percent of all home health agencies in the State to validate the findings of an accreditation organization's report.

      (e)      The provisions of this section do not waive the requirement for a home health agency to obtain a certificate of need.