Section 19-404 - Rules and regulations. - Maryland Statutes

§ 19-404. Rules and regulations.
 

(a)  In general.- The Department shall adopt rules and regulations that set standards for the care, treatment, health, safety, welfare, and comfort of patients of home health agencies. 

(b)  Licensing.- The rules and regulations shall provide for the licensing of home health agencies and annual license renewal, and shall establish standards that require as a minimum, that all home health agencies: 

(1) Within 10 days of acceptance of a patient for skilled care, make and record all reasonable efforts to contact a physician to obtain the signed order required under item (2) of this subsection; 

(2) That accept patients for skilled care do so only on the signed order of a physician obtained within 28 days after acceptance; 

(3) Adopt procedures for the administration of drugs and biologicals; 

(4) Maintain clinical records on all patients accepted for skilled care; 

(5) Establish patient care policies and personnel policies; 

(6) Have services available at least 8 hours a day, 5 days a week, and available on an emergency basis 24 hours a day, 7 days a week; 

(7) Make service available to an individual in need within 24 hours of a referral when stipulated by a physician's order; 

(8) Have a designated supervisor of patient care who is a full-time employee of the agency and is available at all times during operating hours and additionally as needed; and 

(9) Have as the administrator of the agency a person who has at least 1 year of supervisory experience in hospital management, home health management, or public health program management and who is: 

(i) A licensed physician; 

(ii) A registered nurse; or 

(iii) A college graduate with a bachelor's degree in a health-related field. 

(c)  Additional requirements.- The rules and regulations may include provisions that: 

(1) Deal with the establishment of home health agencies; 

(2) Require each home health agency to have its policies established by a professional group that includes at least: 

(i) 1 physician; 

(ii) 1 registered nurse; 

(iii) 1 representative of another offered service; and 

(iv) 1 public member; 

(3) Govern the services provided by the home health agencies; 

(4) Require keeping clinical records of each patient, including the plan of treatment to be provided; 

(5) Govern supervision of the services, as appropriate, by: 

(i) A physician; 

(ii) A registered nurse; or 

(iii) Another health professional who is qualified sufficiently by advanced training to supervise the same kind of services in a hospital; and 

(6) Require submission of an annual report which includes service utilization statistics. 

(d)  Duty to obtain certificate of need not waived.- The provisions of this section do not waive the requirement for a home health agency to obtain a certificate of need. 
 

[An. Code 1957, art. 43, §§ 878, 879, 881; 1982, ch. 21, § 2; 1986, ch. 566; 1988, ch. 460; 1989, ch. 411; 1993, ch. 18; 1994, ch. 432; 1999, ch. 199; 2006, chs. 44, 232.]