Title 10. Mental Health Law — Subtitle 5. Private Facilities
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 10-501 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–501LinkCopy Citation
In Part I of this subtitle, “license” means a license issued by the Department to operate a private, inpatient facility.
Md. Code Ann., Health-Gen. § 10-502 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–502LinkCopy Citation
(a)
The Secretary shall adopt rules and regulations for licensing private, inpatient facilities.
(b)
The rules and regulations shall ensure that care and treatment of individuals who have a mental disorder are provided in accordance with the policy stated in Subtitle 1 of this title.
Md. Code Ann., Health-Gen. § 10-503 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–503LinkCopy Citation
In addition to holding any other license required by law, a person shall be licensed by the Department before the person may operate a private, inpatient facility.
Md. Code Ann., Health-Gen. § 10-504 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–504LinkCopy Citation
To qualify for a license, an applicant shall:
(1)
Have a certificate of accreditation from the Joint Commission on Accreditation of Hospitals for the private inpatient facility to be operated; or
(2)
Meet the requirements that the Secretary adopts under this subtitle.
Md. Code Ann., Health-Gen. § 10-505 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–505LinkCopy Citation
(a)
An applicant for a license shall submit an application on the form that the Secretary requires.
(b)
The application shall provide the information that the Secretary requires.
Md. Code Ann., Health-Gen. § 10-506 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–506LinkCopy Citation
When an application for a license is filed, the Department promptly shall investigate the applicant.
Md. Code Ann., Health-Gen. § 10-507 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–507LinkCopy Citation
The Department shall issue a license to any applicant who meets the requirements of this subtitle.
Md. Code Ann., Health-Gen. § 10-508 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–508LinkCopy Citation
A license authorizes the licensee to operate a private facility while the license is effective.
Md. Code Ann., Health-Gen. § 10-509 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–509LinkCopy Citation
(a)
(1)
Except as provided in paragraph (2) of this subsection, the Department shall inspect each private, inpatient facility at least once every 6 months and at any other time that the Department considers necessary.
(2)
A facility that is accredited by the Joint Commission on Accreditation of Hospitals shall be inspected under § 19-308(b) of this article.
(b)
The Department shall keep a report of each inspection.
(c)
The Department shall bring any deficiencies to the attention of the management of the private, inpatient facility.
(d)
Complaint investigations of private inpatient facilities and psychiatric units of private acute general hospitals shall be performed in accordance with the provisions of § 19-309 of this article.
Md. Code Ann., Health-Gen. § 10-510 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–510LinkCopy Citation
(a)
The Department shall deny a license to any applicant or suspend or revoke a license if the applicant or licensee fails to comply with the applicable laws, rules, or regulations of this State.
(b)
Except as otherwise provided in the Administrative Procedure Act, before the Department takes any action under this section, the Department shall give the applicant or licensee notice and an opportunity for a hearing.
Md. Code Ann., Health-Gen. § 10-511 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–511LinkCopy Citation
Any person aggrieved by a final decision of the Department in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
Md. Code Ann., Health-Gen. § 10-514 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–514LinkCopy Citation
(a)
In Part II of this subtitle the following words have the meanings indicated.
(b)
“Large private group home” means a private group home that admits at least 10 but not more than 16 individuals.
(c)
“License” means a license issued by the Secretary to operate a private group home.
(d)
(1)
“Private group home” means a residence in which individuals who have been or are under treatment for a mental disorder may be provided care or treatment in a homelike environment.
(2)
“Private group home” does not include:
(i)
Any facility that is owned by or leased to this State or any public agency;
(ii)
Any facility that is regulated by the Department of Juvenile Services;
(iii)
Any facility that is regulated by the Developmental Disabilities Administration;
(iv)
Any facility that is organized wholly or partly to make a profit; or
(v)
A foster home that is the domicile of the foster parent.
(e)
“Small private group home” means a private group home that admits at least 4 but not more than 9 individuals.
Md. Code Ann., Health-Gen. § 10-516 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–516LinkCopy Citation
(a)
A private group home shall be licensed in accordance with Title 7.5 of this article.
(b)
The Secretary shall adopt rules and regulations for establishing, licensing, and operating private group homes.
Md. Code Ann., Health-Gen. § 10-518 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–518LinkCopy Citation
(a)
A small private group home:
(1)
Is deemed conclusively a single–family dwelling; and
(2)
Is permitted to locate in all residential zones.
(b)
A large private group home is deemed conclusively a multifamily dwelling and is permitted to locate in zones of similar density.
(c)
A private group home is not subject to any special exception, conditional use permit, or procedure that differs from that required for a single–family dwelling or a multifamily dwelling of similar density in the same zone.
(d)
A general zoning ordinance that conflicts with the provisions of this section is superseded by this section to the extent of the conflict.
Md. Code Ann., Health-Gen. § 10-519 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–519LinkCopy Citation
(a)
An applicant for a license shall submit an application to the Secretary on the form that the Secretary requires.
(b)
The application shall:
(1)
Be signed and verified by the applicant; and
(2)
Contain:
(i)
The name and address of the applicant;
(ii)
The street address of the property on which the private group home is to be located or, if it has no street address, a description that identifies the property;
(iii)
If the applicant does not own the property, the name of the owner;
(iv)
A statement that the applicant will comply with the laws, rules, and regulations that relate to establishing and operating the private group home;
(v)
A statement that the applicant has sufficient financial resources to establish and operate the private group home or that those resources are available to the applicant; and
(vi)
A description of the proposed program.
Md. Code Ann., Health-Gen. § 10-524 (2026)
Title 10. Mental Health Law
Subtitle 5. Private Facilities
§ 10–524LinkCopy Citation
Any person aggrieved by a final decision of the Secretary in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act to the circuit court for the county where the private group home is located or planned.