Md. Code Regs. 10.47.04.05

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.47.04.05 - Application Process and Evaluation

A. Application. An applicant for certification of a program or renewal of certification shall submit to the Office of Health Care Quality:

(1) A completed application on a written or electronic form approved by the Administration;

(2) Documentation of:

(a) The program service plan;

(b) Satisfactory fire, safety, and health inspection reports; and

(c) Compliance with COMAR 10.47.01 and the applicable specific program requirements under COMAR 10.47.02;

(3) A request for a variance or a waiver of a regulation; and

(4) An application fee of $700 with initial application and at recertification, if the program provides opioid maintenance therapy as described in COMAR 10.47.02.11.

B. Incomplete Application or Information.

(1) After reviewing the application, if the Office of Health Care Quality or the Administration finds it needs more information, the Office of Health Care Quality or the Administration shall request the information in writing.

(2) The application shall remain open for 6 months after the information is requested. If the program does not provide the requested information, the Office of Health Care Quality shall close the application.

C. Initial Site Visit and Written Report.

(1) On receipt of a completed application under this regulation and the required documentation, the Office of Health Care Quality shall conduct a site visit and issue a written report. If deficiencies are found, the Office of Health Care Quality shall require the program to submit a written plan of correction within 15 working days.

(2) Deficiencies in a New Program. If a new program with deficiencies:

(a) Fails to submit a plan of correction, the Office of Health Care Quality shall considered the application withdrawn; or

(b) Submits a plan of correction that the Office of Health Care Quality believes:

(i) Corrects the deficiencies, the Office of Health Care Quality shall recommend the Administration grant the program initial certification; or

(ii) Does not correct the deficiencies, the Office of Health Care Quality may issue a denial or permit the program to submit an additional plan of correction.

(3) Deficiencies in a Program Being Renewed. If a renewal program with deficiencies:

(a) Fails to submit a plan of correction, the Office of Health Care Quality may recommend disciplinary action; or

(b) Submits a plan of correction which the Office of Health Care Quality believes:

(i) Corrects the deficiencies, the Office of Health Care Quality shall recommend the Administration grant the program general certification;

(ii) Does not immediately correct the deficiencies but which brings the program into compliance within 4 months, the Office of Health Care Quality may recommend a provisional certification; or

(iii) Cannot bring the program into compliance within 4 months, the Office of Health Care Quality may recommend disciplinary action, or request another plan of correction.

(4) No Deficiencies. If no deficiencies are found, the Office of Health Care Quality shall:

(a) For new applicants, recommend an initial certification; and

(b) For renewal applicants, recommend general certification.

D. Site Visit and Written Report After Issuing Initial or Provisional Certificate.

(1) Within 4 months after the issuance of an initial certification or provisional certification, the Office of Health Care Quality shall conduct a site visit and submit a written report.

(2) Deficiencies in a Program with Initial Certification. If deficiencies are found, the Office of Health Care Quality shall require the program to submit a plan of correction within 15 days. If the program:

(a) Fails to submit a plan of correction, the Office of Health Care Quality may recommend disciplinary action; or

(b) Submits a plan of correction which the Office of Health Care Quality believes:

(i) Corrects the deficiencies, the Office of Health Care Quality shall recommend the Administration grant the program general certification;

(ii) Does not immediately correct the deficiencies but which brings the program into compliance within 4 months, the Office of Health Care Quality may recommend a provisional certification; or

(iii) Cannot bring the program into compliance within 4 months, the Office of Health Care Quality may recommend disciplinary action, or request another plan of correction.

(3) Deficiencies in a Program with Provisional Certification. The Office of Health Care Quality shall:

(a) For good cause, permit the program to submit a plan of correction within 15 days and follow §C(1) of this regulation; or

(b) Recommend disciplinary action.

(4) No Deficiencies. If no deficiencies are found, the Office of Health Care Quality shall recommend a general certification.

E. In considering a renewal application, the Administration may accept accreditation of the program by an accreditation organization approved in accordance with Health-General Article, §19-2302(a) and (b), Annotated Code of Maryland, in lieu of the site visit and written report by the Office of Health Care Quality that is otherwise required by this regulation.

Md. Code Regs. 10.47.04.05

Regulation .05A, B amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 894); amended permanently effective May 5, 2008 (35:9 Md. R. 898)
Regulation .05 amended effective 41:23 Md. R. 1374, eff.11/24/2014; amended effective 44:5 Md. R. 292, eff. 3/13/2017