Md. Code Regs. 10.07.16.05

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

Section 10.07.16.05 - Licensure Process

A. An applicant shall obtain a license from the Department before providing services.

B. Initial and Renewal Licensure. In order to be licensed as a limited private inpatient facility, the facility shall:

(1) File an initial application with the Department that:

(a) Is on the written or electronic form approved by the Department with the requirement that all questions are answered and all required documents are attached; and

(b) Includes documentation of:

(i) Fire, liability, and hazard insurance coverage on the building in which the facility is located;

(ii) Compliance with relevant federal, State, or local ordinances, laws, regulations, and orders, including zoning and safety; and

(iii) Accreditation as a limited private inpatient facility or comparable facility by the Joint Commission under its Standards for Behavioral Health Care;

(2) Be subject to:

(a) An initial survey to determine compliance with all appropriate statutes or regulations related to zoning, construction, fire safety, food service, and any other applicable codes; and

(b) The investigation of complaints and incidents by the Department;

(3) Submit a facility service plan as required by Regulation .10 of this chapter; and

(4) Submit all required fees for licensure as specified in §I of this regulation.

C. An application filed on behalf of a corporation, association, or governmental unit or agency shall:

(1) Be made by two officers of the corporation, association, or governmental unit or agency; and

(2) Include the:

(a) Names of all Board members;

(b) Names of persons holding 2 percent or more of the stock or assets; and

(c) Ownership of property, real estate, and equipment, if other than the licensee's.

D. Display of License. The facility shall visibly post the facility's license in a public area in the facility.

E. The facility shall immediately notify the Department in writing of any change in the information the licensee had submitted with the most recent application, including the program service plan.

F. To ensure the completion of any review or inspection by the Department of any major renovations, any construction of resident care areas, or the establishment of a medical service as defined under Health-General Article, §19-120, Annotated Code of Maryland, that has not previously been provided by the facility, the facility shall notify the Department 60 days before the facility begins to accept occupancy or begins operation.

G. Renewal of License.

(1) An application on the written or electronic form provided by the Department for the renewal of the license shall be made by an accredited facility within 30 calendar days of the exit date of the triennial survey conducted by the Joint Commission.

(2) The Department shall grant a renewal license to an applicant to operate if the applicant submits:

(a) A completed application for license renewal with the required fees as specified by the Joint Commission;

(b) A copy of the triennial survey report;

(c) A copy of the corrective actions taken for standards not met; and

(d) A copy of the certificate for accreditation by the Joint Commission.

H. Loss of Accreditation.

(1) In the event of the loss of accreditation and the conclusion of all appeals to the Joint Commission, the facility may continue to be licensed only until the facility promptly arranges for the safe discharge of each resident to another facility or to appropriate outpatient services. The facility shall cease operation upon the discharge of all residents.

(2) When performing surveys, whether based on loss of accreditation, complaints received, or incidents reported, the Department shall determine compliance or noncompliance based on:

(a) Applicable State and federal law; and

(b) The Standards for Behavioral Health Care.

I. License Fees.

(1) A facility shall submit a written or electronic application on a form approved by the Department along with the fee established in this regulation.

(2) A facility that has filed an application for accreditation that meets the requirements for a provisional license shall:

(a) Submit a $500 nonrefundable license fee payable to the Department; and

(b) On receiving accreditation, pay an additional $1,500 nonrefundable license fee per accreditation period of 3 years, payable to the Department.

(3) A facility shall submit a $1,500 nonrefundable license fee per accreditation period of 3 years, payable to the Department.

J. Provisional License.

(1) A facility that submits documentation showing the facility has applied to the Joint Commission for accreditation but has not yet been accredited at the time of application but otherwise meets the requirements for licensure shall be issued a provisional license.

(2) The provisional license shall be issued for a period of not greater than 1 year from issuance.

(3) A facility issued a provisional license shall be subject to subsequent surveys by the Department to determine compliance with this chapter and applicable standards of the Joint Commission until accreditation is awarded.

(4) If the Joint Commission denies accreditation to a facility before the expiration of the provisional license, the facility shall cease operations upon the prompt and safe discharge of all residents.

Md. Code Regs. 10.07.16.05

Regulations .05 adopted as an emergency provision effective June 1, 1985 (12:12 Md. R. 1159); emergency status extended at 12:25 Md. R. 2468; emergency status expired April 26, 1986
Regulations .05 adopted effective June 2, 1986 (13:11 Md. R. 1273)
Regulations .05 repealed and new Regulations .05 adopted effective August 1, 1994 (21:15 Md. R. 1304)
Regulation .05 adopted effective 42:24 Md. R. 1504,eff.12/10/2015; amended effective 44:5 Md. R. 292, eff. 3/13/2017