2013 Maryland Code
HEALTH - GENERAL
§ 19-1401 - Definitions

§19-1401.

(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 and observation of each resident by the licensed nurse to determine any change in the resident’s physical or mental status; and

(2) If there is a change in the resident’s physical or mental status, an evaluation by the licensed nurse of:

(i) The resident’s medications;

(ii) Laboratory values relating to the resident;

(iii) Clinical data relating to the resident, including the resident’s:

1. Hydration and nutritional need;

2. Skin integrity;

3. Noted weight changes; and

4. Appetite;

(iv) Injuries sustained by the resident that result from accident or incidents involving the resident; and

(v) Any other relevant parameters affecting or reflecting the resident’s physical and mental status.

(d) “Deficiency” means a condition existing in a nursing home or an action or inaction by the nursing home staff that results in potential for more than minimal harm, actual harm, or serious and immediate threat to one or more residents.

(e) “Nursing home” means a facility (other than a facility offering domiciliary or personal care as defined in Subtitle 3 of this title) which offers nonacute inpatient care to patients suffering from a disease, chronic illness, condition, disability of advanced age, or terminal disease requiring maximal nursing care without continuous hospital services and who require medical services and nursing services rendered by or under the supervision of a licensed nurse together with convalescent, restorative, or rehabilitative services.

(f) “Ongoing pattern” means the occurrence of any potential for more than minimal harm or greater deficiency on two consecutive on-site visits as a result of annual surveys, follow-up visits, any unscheduled visits, or complaint investigations.

(g) “Potential for more than minimal harm deficiency” means a condition existing in a nursing home or an action or inaction by the nursing home staff that has the potential to cause actual harm to a resident.

(h) “Serious and immediate threat” means a situation in which immediate corrective action is necessary because a nursing home’s noncompliance with one or more State regulations has caused or is likely to cause serious injury, harm, impairment to, or death of a resident receiving care in the nursing home.

(i) “Sustained compliance” means a period of 30 days following the date of notice of corrective action with no deficiencies.

§ 19-1401 - 1. Application

(a) Contents. -- In addition to the requirements for licensure of a related institution as provided in this title, an applicant for initial licensure or relicensure of a nursing home shall include in the application the identity of:

(1) Any person with an ownership interest in the nursing home; and

(2) Any management company, landlord, or other business entity that will operate or contract with the applicant to manage the nursing home.

(b) Initial licensure -- Evidence. -- An applicant for initial licensure shall submit to the Secretary or the Secretary's designee evidence:

(1) That affirmatively demonstrates the ability of the applicant to comply with minimum standards of:

(i) Medical care;

(ii) Nursing care;

(iii) Financial condition; and

(iv) Other applicable State or federal laws and regulations; and

(2) Regarding the regulatory compliance history and financial condition of any health care facility owned or operated by the applicant in other jurisdictions.

§ 19-1401 - 2. Approval or denial of application

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 or license renewal;

(2) Deny an application for a license or license renewal; or

(3) Approve an application for license or license renewal subject to conditions.

§ 19-1401 - 3. Change in financial condition of nursing home

(a) Report. -- 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) Confidentiality. -- Except as provided by subsection (c) of this section, any information obtained by the Secretary under this section is confidential and may not be disclosed without the consent of the licensee.

(c) Exclusions. -- The provisions of subsection (b) of this section do not apply to:

(1) The holder of a license that has been suspended or revoked; or

(2) The use of information in:

(i) An administrative proceeding initiated by the Department; or

(ii) A judicial proceeding.