Division 20. Nursing Homes and Related Facilities

The annual license fee for each facility shall be Four Dollars ($4.00) per bed for domiciliary care beds and Twenty Dollars ($20.00) per bed for all other classifications with a minimum fee of Twenty-five Dollars ($25.00) for each facility, renewable annually upon payment of the fee.

A duplicate license will be issued, on request, at a charge of Fifteen Dollars ($15.00).

The County Health Officer may for failure to remedy serious violations, or for the repeated failure to remedy minor violations of State and County laws and rules and regulations, revoke any license issued by it after granting the licensee an opportunity for a hearing. The hearing shall be held not less than ten (10) days after notice to the licensee. The licensee shall have an opportunity to be represented by counsel at the hearing.

Prior to giving notice to the licensee, the County Health Officer shall notify the Secretary of the Department of Health and Mental Hygiene of his intention to suspend or revoke the license and the reasons therefor. The County Health Officer may proceed with the proposed suspension or revocation unless the Secretary shall have disapproved such action within fourteen (14) days of the mailing of the notice.

The County Health Officer may for failure to remedy serious violations of State and County laws, rules and regulations, restrict new admissions to any institution licensed under this Division. The licensee shall be given an opportunity to appeal the action by the County Health Officer to the County Council sitting as the Board of Health. The hearing shall be held not less than thirty (30) days after the action of the County Health Officer. The licensee shall have an opportunity to be represented by counsel at the hearing.

The County Health Officer shall notify the Secretary of the Department of Health and Mental Hygiene of his intention to restrict new admissions as far in advance of the actions as practicable. The Secretary of Health and Mental Hygiene shall have the opportunity to participate as a party in the hearing to consider such restrictions.

Any party aggrieved by a decision of the County Health Officer with respect to the revocation of a license shall have the right to a hearing before the County Council sitting as the Board of Health. The hearing shall be held not less than thirty (30) days after notice to the license.

Any party aggrieved by a final decision of the County Council sitting as the Board of Health shall be entitled to file an appeal within thirty (30) days to the Circuit Court for Prince George's County, Maryland. Such appeals shall be governed by the provision of the Maryland rules pertaining to administrative appeals.

Generally. The County Council, sitting as the Board of Health, by resolution, is hereby authorized and empowered to adopt and enforce from time to time all needful standards and regulations for the health, safety, welfare and physical requirements of the patients in institutions and for the implementation and enforcement of this Division and such rules and regulations may be in addition to, inclusive of and not in conflict with any rules and regulations of the State Board of Health applicable to such institutions; provided, however, that, before finally adopting or enforcing such regulations or before substantially revising such rules and regulations, the Board of Health shall give at least fifteen (15) days notice by publication, circular or otherwise as it may deem appropriate, informing all persons who may be interested in the enforcement of such rules and regulations that the Board of Health will hear such persons on a certain day named in such notice for the purpose of receiving and considering suggestions before the adoption or revision of such rules.

Publication, etc. After adoption or revision of such regulations, the Board may, within a reasonable time thereafter, publish the regulations in such form as it may determine, and make copies of the regulations available at the County Health Department to all interested persons at a nominal fee as established by the County Health Officer.