# COMAR Title 10 — Maryland Department of Health

## Subtitle 07 — Hospitals

### Chapter 01 — Acute General Hospitals and Special Hospitals

#### Regulation .08 Complaint Investigations.

*COMAR 10.07.01.08*

A. Notwithstanding any other provisions of this subtitle, each hospital and residential treatment center shall be open to inspections by the Department to investigate and resolve any complaint concerning patient care, safety, medical and nursing supervision, physical environment, sanitation, or dietary matters.

B. Complaints.

  (1) To resolve expeditiously a complaint that alleges the existence of any non-life-threatening deficiency, the Department shall refer the complaint directly to the hospital.

  (2) If appropriate, issues relating to the practice of medicine or the licensure or conduct of a health professional shall be referred to the hospital and may be referred to the appropriate licensure Board for resolution.

  (3) If the Department determines that the hospital has not satisfactorily addressed the referred complaint or if the complaint alleges the existence of a life-threatening deficiency, the Department shall conduct an independent investigation. When conducting its independent investigation, the Department shall use the standards adopted by the Secretary under this subtitle and:

    (a) For an accredited hospital, the hospital accreditation standards of the accreditation organization that accredits the hospital;

    (b) For an accredited special rehabilitation hospital, the service standards adopted by the Secretary in Regulation .10 of this chapter; or

    (c) For a nonaccredited hospital, the standards adopted by the Secretary in Regulation .09 of this chapter.