Md. Code Regs. 10.21.14.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.21.14.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Central Review Committee" means the Maryland Department of Health (MDH) staff or their respective designees in the following positions:

(a) The Director of the Behavioral Health Administration;

(b) The clinical director of the Behavioral Health Administration; and

(c) The Director of the Resident Grievance System.

(2) "Chief executive officer (CEO)" means the individual appointed by the Director of the Behavioral Health Administration to act on the Director's behalf in the overall management of a Behavioral Health Administration facility.

(3) "Coe consent decree" means the legally binding consent decree in Coe v. Hughes ordered by the United States District Court for Maryland which sets forth the legal rights of Mental Hygiene Administration facility residents with respect to the provision of legal and other related services by the legal assistance provider and the rights advisor.

(4) "Department (DHMH)" means the Department of Health and Mental Hygiene.

(5) "Director of Resident Grievance System" means the individual designated by the Deputy Secretary of Public Health Services to supervise the rights advisors and to perform the duties required to implement the Resident Grievance System.

(6) "Facility" means an inpatient or residential institution that is owned or directly operated by the Behavioral Health Administration.

(7) "Grievance" means a written or oral statement, as authorized in Regulation .05B of this chapter, alleging that a:

(a) Resident's rights have been unfairly limited or violated or are likely to be violated in the immediate future;

(b) Resident has been abused, neglected, or mistreated; or

(c) Facility has acted in an illegal or improper manner with respect to a resident or a group of residents.

(8) "Grievant" means a resident on whose behalf a grievance is filed, whether initiated by the resident, an employee of a facility, a family member of the resident, or an interested person.

(9) "Legal assistance provider (LAP)" means the lawyers and legally trained individuals who work under the lawyers' supervision who are responsible for providing legal services in accordance with the Coe consent decree.

(10) "Resident" means an individual who resides in a Behavioral Health Administration inpatient or residential facility or who was released or discharged from the facility within the past 90 days.

(11) "Resident Grievance System (RGS)" means the accessible administrative mechanism designed to protect a resident's rights through the investigation, processing, and resolution of grievances and implementation of the resolution.

(12) "Residents' rights committee" means a committee composed of at least nine members who are representative of:

(a) Facility staff;

(b) Residents, former residents, and residents' family members; and

(c) Advocacy groups.

(13) "Rights advisor" means an individual assigned as a resident advocate to implement the RGS.

(14) "Rights issue" means an alleged violation of a resident's rights guaranteed by federal and State constitutions, statutes, regulations, common law, or policies of the Department, Mental Hygiene Administration, and the facility.

(15) "Unit director" means an individual who has administrative authority within an organizational component of a facility.

(16) "Working day" means every day excluding Saturdays, Sundays, and holidays on which State offices are closed.

Md. Code Regs. 10.21.14.02

Regulation .02B amended effective January 26, 1998 (25:2 Md. R. 76); amended effective 44:21 Md. R. 983, eff. 10/23/2017