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<section article="ghg" article_name="Health - General" number="7-909" title_number="7" title_name="Developmental Disabilities Law" subtitle_number="9" subtitle_name="Licensing">
  <level label="a">
    <text>In this section, the word “licensee” means a person who is licensed by the Department under this title to provide services.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>The Department shall keep a report of each inspection.</text>
  </level>
  <level label="d">
    <text>The Department shall bring any deficiencies to the attention of:</text>
    <level label="1">
      <text>The executive officer of the licensee; or</text>
    </level>
    <level label="2">
      <text>In the case of an intermediate care facility–intellectual disability, the State Planning Council and the State–designated protection and advocacy agency.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>The regulations shall define and address:</text>
      <level label="i">
        <text>The procedures and timelines that providers must follow when reporting serious reportable incidents and deaths to the Department;</text>
      </level>
      <level label="ii">
        <text>The Department’s protocol to determine the necessity to investigate a serious reportable incident that takes into account:</text>
        <level label="1">
          <text>The severity of the incident;</text>
        </level>
        <level label="2">
          <text>The quality of the licensee’s internal investigation; and</text>
        </level>
        <level label="3">
          <text>The number and frequency of serious reportable incidents reported by the licensee to the Department;</text>
        </level>
      </level>
      <level label="iii">
        <text>The specific roles and responsibilities of each governmental unit involved in any follow–up investigations that may occur due to a licensee’s report of a serious reportable incident or death;</text>
      </level>
      <level label="iv">
        <text>Methods of investigations, including on–site investigations;</text>
      </level>
      <level label="v">
        <text>Timelines for response to serious reportable incidents and deaths and investigation of serious reportable incidents and deaths;</text>
      </level>
      <level label="vi">
        <text>Timelines for issuing specified reports, including corrective action plans, to the Department, licensee, Mortality and Quality Review Committee, Medicaid Fraud Unit, individuals receiving services from the licensee involved in the incident and their guardians or family members, and others; and</text>
      </level>
      <level label="vii">
        <text>Follow–up protocols for the Department to ensure that corrective action has been implemented by the licensee.</text>
      </level>
    </level>
  </level>
</section>
