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<regulation prefix="Regulation" num=".16" citation="COMAR 10.07.02.16" title_num="10" subtitle_num="07" chapter_num="02" heading="Medical Director — Responsibilities.">
  <paragraph num="A.">
    <text>General Responsibilities. The medical director is responsible for:</text>
    <paragraph num="(1)">
      <text>Overall coordination, execution, and monitoring of physician services;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Monitoring and evaluating the health care services and outcomes, including clinical and physician services provided to the nursing home’s residents; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Designating an alternate medical director with sufficient training and experience to perform the responsibilities of the medical director as described in the regulations of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Practitioner Oversight. The medical director shall:</text>
    <paragraph num="(1)">
      <text>Oversee all physicians and other licensed or certified professional health care practitioners who provide health care to the facility's residents;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Ensure that there is a procedure for the review of the practitioners' credentials and the granting of privileges for licensed or certified professional health care practitioners who treat residents of the nursing facility; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Recommend rules governing the performance of physicians and other licensed or certified professional health care practitioners who admit residents to the facility.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Defining the Scope of Medical Services.</text>
    <paragraph num="(1)">
      <text>The medical director, in collaboration with the facility, shall recommend written policies and procedures that are approved by the licensee, delineating the scope of physician services and medical care.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The facility shall make these policies and procedures available to a resident or resident's representative upon admission and whenever a substantive change is made.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Ensuring Physician Accountability. The medical director, in collaboration with the facility, shall recommend policies and procedures that cover essential physician responsibilities to the residents and the facility, including:</text>
    <paragraph num="(1)">
      <text>Accepting responsibility for the care of residents;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Supporting resident discharges and transfers;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Making periodic, pertinent resident visits in the facility;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Providing adequate ongoing medical coverage;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Providing appropriate resident care;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Providing appropriate, timely medical orders;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Providing appropriate, timely, and pertinent documentation;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Advising residents and families about formulating advance directives; and</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Any other responsibilities as determined by the facility and the medical director.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Quality Assurance. The medical director shall actively participate in the nursing home’s quality improvement process. Participation shall include:</text>
    <paragraph num="(1)">
      <text>Regular reports and attendance at the nursing home’s quality improvement committee meetings; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Routine participation in ongoing facility efforts to improve the overall quality of the clinical care, including facility efforts to evaluate and address the causes of various care-related problems and deficiencies cited by the Office of Health Care Quality.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Employee Health Oversight. The nursing home, in consultation with the medical director and other physicians, if necessary, shall establish and maintain surveillance of the health status of employees, including:</text>
    <paragraph num="(1)">
      <text>Advising on the development and execution of an employee health program, which shall include provisions for determining that employees are free of communicable diseases according to current accepted standards of practice; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Ensuring that the facility plans and implements required immunization programs.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Other Related Duties. The medical director shall perform other essential duties related to clinical care and physician practices, including:</text>
    <paragraph num="(1)">
      <text>Advising the administrator and the director of nursing on clinical issues, including the criteria for residents to be admitted, transferred, or discharged from the nursing facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Working with the nursing facility to establish appropriate relationships with area hospitals and other pertinent institutions to improve care of the residents;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Advising and consulting with the nursing facility staff regarding communicable diseases, infection control, and isolation procedures, and serving as a liaison with local health officials and public health agencies that have policies and programs that may affect the nursing facility's care and services to residents;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Providing or arranging for temporary physician services as needed to ensure that each resident has continuous physician coverage;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Participating as appropriate in facility committee projects and meetings concerning clinical care and quality improvement that require physician input; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Educating or overseeing the education of, and informing, all attending physicians about their roles, responsibilities, and applicable rules and regulations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Medical Director Oversight Plan.</text>
    <paragraph num="(1)">
      <text>Based upon physician and medical director responsibilities in nursing facilities, as described in this chapter, the medical director shall develop and implement a plan describing how the medical director will carry out the responsibilities for the:</text>
      <paragraph num="(a)">
        <text>Overall monitoring, coordination, and execution of physician services and medical care to residents of the nursing facility; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Systematic review of the quality of health care, including medical and physician services, provided to the facility's residents.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Minimum Requirements of the Plan. The medical director oversight plan shall include, at least, a plan to ensure that physicians:</text>
      <paragraph num="(a)">
        <text>Accept appropriate responsibility for residents under the physicians' care in the nursing facility;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide appropriate, timely medical care consistent with widely identified medical principles relevant to the facility's population; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Provide appropriate, timely, and pertinent medical documentation and orders.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Documentation Regarding Medical Director Activities.</text>
      <paragraph num="(a)">
        <text>The medical director shall keep documentation regarding the medical director's activities in relation to designated responsibilities.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The documentation required in this subsection may include:</text>
        <paragraph num="(i)">
          <text>Notes;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Minutes;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Copies of faxes, letters, and telephone communications with attending physicians, other facility staff and departments, the administration, the governing body, and others regarding concerns, inquiries, and interventions.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The documentation required in this subsection shall show evidence of the medical director's interventions and follow-up of the effectiveness of those interventions.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Quality Assurance Committee Minutes. Committee minutes shall reflect monthly input from the medical director regarding physician issues and general facility clinical care issues.</text>
  </paragraph>
</regulation>