# Health - General (GHG) ## Title 10. Mental Health Law ### Subtitle 5. Private Facilities #### Section 10-501 In Part I of this subtitle, "license" means a license issued by the Department to operate a private, inpatient facility. #### Section 10-502 (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. #### Section 10-503 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. #### Section 10-504 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. #### Section 10-505 (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. #### Section 10-506 When an application for a license is filed, the Department promptly shall investigate the applicant. #### Section 10-507 The Department shall issue a license to any applicant who meets the requirements of this subtitle. #### Section 10-508 A license authorizes the licensee to operate a private facility while the license is effective. #### Section 10-509 (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 Sec. 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 Sec. 19-309 of this article. #### Section 10-510 (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. #### Section 10-511 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. #### Section 10-514 (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. #### Section 10-516 (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. #### Section 10-518 (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. #### Section 10-519 (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. #### Section 10-524 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. --- Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)