# COMAR Title 10 — Maryland Department of Health

## Subtitle 07 — Hospitals

### Chapter 02 — Nursing Homes

#### Regulation .05 Licensed Bed Capacity.

*COMAR 10.07.02.05*

A. A facility may exceed its licensed bed capacity only if the Department:

  (1) Requests that the facility exceed its licensed bed capacity; or

  (2) Approves a request from a facility to exceed its licensed bed capacity.

B. Departmental Request of Facility to Exceed Capacity. If the Department requests a facility to exceed its licensed bed capacity, the written request is to include the:

  (1) Circumstances that prompted the Department to make the request;

  (2) Conditions under which the licensed bed capacity may be exceeded; and

  (3) Number of residents by which the facility's licensed capacity may be exceeded.

C. Request for Departmental Permission to Exceed Capacity.

  (1) If an emergency situation exists, a facility may request permission from the Department to exceed its licensed bed capacity to help resolve the emergency situation.

  (2) The written request shall include the:

    (a) Circumstances or reasons for the request;

    (b) Identity of any resident involved;

    (c) Beginning and ending dates for which the request is made; and

    (d) Documentation of any objection by a resident affected by the request, or by the resident's personal representative.

  (3) The nursing home shall:

    (a) Submit the written request to the Office of Licensing and Certification Programs; and

    (b) Make the request for a term not to exceed 30 days.

  (4) Before reaching its decision on the request, the Department shall consider the:

    (a) Needs of the resident whose admission is proposed;

    (b) Ability of the facility to care for the resident properly;

    (c) Likely effect of the admission on the comfort and care of the other residents in the facility; and

    (d) Evidence that exceeding licensed capacity would help resolve the emergency situation.

  (5) Required Resident Accommodations. Before a facility may admit a resident that causes the facility to exceed its licensed bed capacity, the facility shall:

    (a) Provide the following equipment for the exclusive use of the resident:

      (i) Electronic nurses call system or hand bell,

      (ii) Privacy curtain or screen,

      (iii) Storage space for belongings, and

      (iv) A bed, at least 36 inches wide, sturdy and in good repair;

    (b) Meet any square footage requirements under this chapter for a room; and

    (c) Meet any other condition that the Department may require.

  (6) Admission. When a facility is permitted to exceed its licensed bed capacity under this section, the facility may not admit a resident to the facility until each resident admitted under permission granted under this section has:

    (a) Been placed in the facility as part of the facility's permanent resident population; or

    (b) Found other placement that is acceptable to the resident.