Md. Code Regs. 10.07.02.41

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.07.02.41 - Physical Plant - New and Existing Construction Requirements

A. Construction of a New Nursing Home.

(1) A new nursing home shall be constructed, equipped, and maintained to protect the health and safety of residents, personnel, and the public.

(2) A nursing home desiring to provide services other than those for which it is already licensed shall obtain prior approval from the Department.

(3) The nursing home shall obtain prior approval from the Department for any part of the premises to be used for tenant occupancy or for unrelated business purposes.

(4) A nursing home shall be constructed in accordance with the provisions of the NFPA 101 Life Safety Code.

B. Construction in an Existing Structure. In existing structures, the Department shall entertain requests for waivers on items that:

(1) Will not endanger the health and safety of residents, visitors, employees, and other individuals using the nursing home; and

(2) If corrected, will result in an unreasonable, substantial financial burden on the nursing home.

C. Conversion of an Existing Structure. When an owner plans to convert an existing structure that has not been licensed as a nursing or care home to a nursing home, the owner shall be required to meet all conditions set forth in this chapter.

D. Preventative Maintenance Program. A nursing home shall have a documented preventative maintenance program. This program shall include:

(1) Periodic service and testing of items as recommended by manufacturers of at least the following:

(a) Building systems;

(b) Building components;

(c) Resident care equipment;

(d) Resident therapy equipment;

(e) Resident bathing and shower equipment;

(f) Furniture and furnishings;

(g) Wheelchairs;

(h) Walkers;

(i) Body lifts;

(j) Scales;

(k) Electronics; and

(l) Electrical switches and outlets;

(2) Ongoing staff monitoring for evidence of malfunction or deterioration; and

(3) A centralized system for reporting and monitoring repairs.

Md. Code Regs. 10.07.02.41

Regulations .41 adopted effective January 13, 1986 (13:1 Md. R. 16)
Regulations .41 recodified as .41 adopted effective October 1, 1990 (17:19 Md. R. 2320)
Regulations .41 and new Regulation .41 adopted effective September 13, 2004 (31:18 Md. R. 1350)
Regulation .41A amended effective August 1, 1994 (21:15 Md. R. 1304)
Regulation .41D amended effective June 30, 1986 (13:13 Md. R. 1491); amended effective 46:12 Md. R. 541, eff. 6/17/2019