Title 7. Developmental Disabilities Law — Subtitle 9. Licensing

In addition to any other license required by law, a person shall be licensed by the Department before the person may provide services to an individual with developmental disability or a recipient of individual support services.

The Department shall adopt regulations providing for the services requiring licensure under paragraph (1) of this subsection.

If a person is licensed or certified by another State agency or accredited by an organization approved by the Secretary in accordance with § 19–2302 of this article to provide services to an individual with a developmental disability or a recipient of individual support services, the Deputy Secretary may waive the requirement for a license by the Department.

Upon a showing by the Deputy Secretary that the licensed, certified, or accredited person is out of compliance with licensing regulations adopted by the Secretary, the Deputy Secretary may revoke the waiver.

The rules and regulations shall require that:

The requirements of paragraph (1)(i) of this subsection may be waived if a community–based advisory board or committee is established by the licensee and approved by the Department.

A business plan that clearly demonstrates the ability of the applicant to provide services in accordance with Maryland regulations and funding requirements;

A summary of the applicant’s demonstrated experience in the field of developmental disabilities, in accordance with standards developed by the Department;

Prior licensing reports issued within the previous 10 years from any in–State or out–of–state entities associated with the applicant, including deficiency reports and compliance records on which the State may make reasoned decisions about the qualifications of the applicant; and

A written quality assurance plan, approved by the Developmental Disabilities Administration, to address how the applicant will ensure the health and safety of the individuals served by the applicant and the quality of services provided to individuals by the applicant.

To any entity that has had a license revoked by the Department within the previous 10 years; or

To any entity that has a corporate officer who has served as a corporate officer for an entity that has had a license revoked by the Department within the previous 10 years.

The Department shall inspect each site or office operated by a licensee at least once annually and at any other time that the Department considers necessary.

The Department shall evaluate periodically the performance of surveyors who carry out inspections under this subsection to ensure the consistent and uniform interpretation and application of licensing requirements.

The executive officer of the licensee; or

In the case of an intermediate care facility–intellectual disability, the State Planning Council and the State–designated protection and advocacy agency.

The Department shall adopt regulations that establish a system of prioritization to respond to and investigate serious reportable incidents, as defined by the Department, in the areas of abuse, neglect, serious injury, and medication errors that threaten the health, safety, and well–being of individuals receiving services funded by the Department in State–operated and in community programs licensed by the Department.

The Department shall seek input from individuals with disabilities and their families, licensees, and advocacy organizations in developing the regulations, prior to publishing the regulations in the Maryland Register for public comment.

The regulations shall define and address:

The Department may impose sanctions, including a civil money penalty, for failure by a licensee to substantially comply with applicable State laws, regulations, or rules.

The Department shall adopt rules and regulations providing for the sanctions to be imposed under this subsection.

A civil money penalty imposed under this subsection may not exceed $5,000.

In establishing the amount of a civil money penalty imposed under this subsection, the Department shall consider, under guidelines established in the regulations adopted under paragraph (2) of this subsection:

If a civil money penalty is proposed, the Department shall offer the licensee an opportunity for informal dispute resolution.

If, following the opportunity for informal dispute resolution, a civil money penalty is imposed, the Department shall provide:

The Department shall have the burden of proof with respect to the imposition of a civil money penalty under this subsection.

If the Department finds that the public health, safety, or welfare of individuals with disabilities receiving services from a licensee imperatively requires emergency action, the Department may suspend the license or order a licensee to remedy immediately the situation requiring the emergency action.

The order to remedy immediately the situation shall be effective immediately and shall remain in effect until:

If the Department issues an order under paragraph (1) of this subsection, the Department promptly shall give the licensee: