Md. Code Regs. 10.07.14.07 - Licensing Procedure
A.
Application for License .
(1) To obtain and
maintain a license , an applicant shall meet all of the requirements of:
(a) This chapter;
(b) Other applicable federal, State, and
local laws and regulations; and
(c)
Health-General Article, §19-311, Annotated Code of Maryland, if the
program provides services to 17 or more residents.
(2) An applicant shall submit:
(a) An application on a written or electronic
form developed by the Department ;
(b) The completed Uniform Disclosure
Statement on a form developed by the Department ; and
(c) A nonrefundable license fee.
(3) Fees. The annual license fee
schedule for assisted living programs is as follows:
(a) 1 beds: $50 annually;
(b) 5-15 beds: $75 annually;
(c) 16-49 beds: $125 annually;
(d) 50-99 beds: $165 annually;
(e) 100-149 beds: $250 annually;
and
(f) 150 plus beds: $375
annually.
(4) If a
facility fails to comply with the regulations of this chapter and requires the
Department to conduct more than one on-site pre-licensure visit, the Department
may:
(a) Charge $250 per additional on-site
visit; or
(b) Deny the
license .
(5) At a
minimum, the applicant shall provide:
(a)
Verification that the applicant or corporate representative is 21 years old or
older;
(b) Documentation of any
prior denial, suspension, or revocation of a license or certification to
provide care to third parties;
(c)
Identification of any individual or corporate owner of 25 percent or more
interest in the assisted living program ;
(d) Documentation of any conviction and
current criminal background check or criminal history records check of the
owner, applicant, assisted living manager , alternate assisted living manager ,
other staff , and any household member ;
(e) Ownership information as specified on an
addendum to the application;
(f)
Verification that the facility is owned, leased, or otherwise under the control
of the applicant;
(g) The level of
care to be provided by the assisted living program , its location, and the name
of the proposed assisted living manager ;
(h) Documentation of zoning approval, if
zoning approval is required by the local jurisdiction in which the assisted
living program will be located; and
(i) Where applicable, approvals from the
local health department , local or State fire authority, and local area agency
on aging.
B.
Additional Requirements for Initial Licensure.
(1) The Secretary shall require an applicant
for initial licensure to submit:
(a)
Information concerning any license or certification held by the applicant under
Health Occupations Article or Health-General Article, Annotated Code of
Maryland including the prior or current operation by the applicant of a health
care facility or similar health care program ;
(b) Information demonstrating financial or
administrative ability to operate an assisted living program in compliance with
this chapter, which shall include a business plan and 1-year operating
budget;
(c) Policies and procedures
to be implemented as designated in the application for licensure; and
(d) Other reasonably relevant information, if
required by law or local jurisdiction, such as:
(i) Verification of Workers' Compensation
insurance;
(ii) Facility plan
review documentation;
(iii) Food
service permit; and
(iv) Rental
license .
(2)
The owner, manager, alternate manager, or board member of an assisted living
program that has had its license suspended or revoked by the Department may not
own, operate, lease, or manage another assisted living program for 10 years
without good cause shown. After 10 years, the applicant shall submit evidence
to the Department that the applicant is capable of owning, managing, or
operating an assisted living program .
(3) If an owner, manager, or alternate
manager of an assisted living program operates, leases, or manages an assisted
living facility and the facility has had sanctions imposed or deficiencies
cited within the last 2 years and has not corrected the deficiencies which
present a risk to the health or safety of residents for a currently licensed
assisted living facility , that owner, manager, or alternate manager may not
apply to open an additional assisted living facility until those deficiencies
have been corrected as approved by the Department .
(4) The Department reserves the right to deny
licensure for an assisted living program based on the owner's or manager's
prior:
(a) History of violations of assisted
living regulations; or
(b) Criminal
history that the Department determines may be potentially harmful to
residents.
(5) Based on
information provided to the Department by the applicant and the Department 's
own investigation, the Secretary shall:
(a)
Approve the application unconditionally;
(b) Approve the application conditionally,
which may include, among other conditions, requiring the applicant to use the
services of a management firm approved by the Secretary ; or
(c) Deny the application.
(6) The Secretary may not require
use of a management firm for a period in excess of 24 months.
(7) A licensee may not:
(a) Operate an assisted living program until
a provisional license or license has been issued; or
(b) Operate multiple sites until each site
has been inspected and approved by the Department .
(8) A person aggrieved by a decision of the
Secretary under this section to deny a license application may appeal the
Secretary 's action by filing a request for a hearing consistent with Regulation
.64 of this chapter.
C.
Duration of License .
(1) A license is valid
for 2 years from the date of issuance, unless suspended or revoked.
(2) License Renewal. A licensee shall apply
for license renewal:
(a) At least 30 days
before the expiration of its current license ;
(b) On written or electronic forms provided
by the Department ; and
(c) By
submitting a license renewal fee based on the fee schedule in §A(3) of
this regulation.
D. Licenses for Less than 2 Years. The
Department may issue a provisional license if:
(1) An assisted living program is not in full
compliance with this chapter:
(a) But in the
opinion of the Department , the noncompliance does not constitute a safety or
health hazard; and
(b) The
applicant or licensee has submitted a plan of correction acceptable to the
Department which satisfactorily addresses the correction of each deficiency
within a time frame acceptable to the Department ; or
(2) Departmental administrative delays have
occurred which:
(a) Are beyond the control of
the applicant or licensee ; and
(b)
Have prevented the Department from completing its licensure activity.
Notes
Regulation .07A amended effective 40:16 Md. R. 1344, eff.
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