Maryland Health - General Section 19-3B-03

Article - Health - General

§ 19-3B-03.

      (a)      After consultation with representatives of payors, health care practitioners, and ambulatory care facilities, the Secretary shall by regulation establish:

            (1)      Procedures to implement the provisions of this subtitle; and

            (2)      Standards to ensure quality of care and patient safety that shall include:

                  (i)      Procedures for credentialing and peer review;

                  (ii)      Qualifications of health care practitioners and support personnel;

                  (iii)      Procedures to be followed in the event of an emergency, including a requirement that in the event of an emergency the patient be transported to the nearest appropriate emergency care facility;

                  (iv)      Procedures for quality control of any biomedical equipment;

                  (v)      Procedures for postoperative recovery;

                  (vi)      Procedures for discharge; and

                  (vii)      Any other procedures that the Secretary considers necessary for quality of care and patient safety.

      (b)      If appropriate certification by Medicare is available, obtaining the certification shall be a condition of licensure for:

            (1)      An ambulatory surgical facility; and

            (2)      A kidney dialysis center.

      (c)      Each freestanding ambulatory care facility shall provide assurances satisfactory to the Secretary that the freestanding ambulatory care facility does not discriminate against patients, including discrimination based on ability to pay for nonelective procedures.

      (d)      (1)      A freestanding ambulatory care facility accredited by an organization approved by the Secretary shall be deemed to meet State licensing requirements.

            (2)      (i)      The freestanding ambulatory care facility 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 a freestanding ambulatory care facility for the purpose of a complaint investigation;

                  (ii)      Inspect a freestanding ambulatory care facility to follow up on a serious problem identified in an accreditation report; and

                  (iii)      Annually conduct a survey to validate the findings of accreditation reports.

            (4)      The Secretary may delegate to the Kidney Disease Commission the Secretary's authority under paragraph (3) of this subsection to inspect kidney dialysis centers.



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