<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".15" citation="COMAR 10.07.09.15" title_num="10" subtitle_num="07" chapter_num="09" heading="Abuse of Residents.">
  <paragraph num="A.">
    <text>A nursing facility shall develop and implement policies and procedures prohibiting abuse and neglect of residents.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A nursing facility may not knowingly employ an individual who has been convicted of abusing or neglecting a resident or who has had a finding entered into the State Nurse Aide Registry concerning abuse or neglect of a resident or misappropriation of a resident's property.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Reports of Abuse.</text>
    <paragraph num="(1)">
      <text>A person who believes that a resident has been abused shall promptly report the alleged abuse to the:</text>
      <paragraph num="(a)">
        <text>Appropriate law enforcement agency;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Licensing and Certification Administration within the Department; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Office on Aging.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An employee of a nursing facility who believes that a resident has been abused:</text>
      <paragraph num="(a)">
        <text>Shall report the alleged abuse as set forth in §C(1) of this regulation within 3 days after learning of the alleged abuse;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May be subject to a penalty imposed by the Secretary of up to $1,000 for failing to report an alleged abuse within 3 days after learning of the alleged abuse.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An individual on whom a penalty has been imposed may request a hearing on the penalty by submitting a written request for a hearing to the Department on or before the 30th calendar day after the individual received notice of the imposition of the penalty.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Upon receiving a request for a hearing under this section, the Secretary shall conduct a hearing in accordance with COMAR 10.01.03.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Investigations. A nursing facility shall:</text>
    <paragraph num="(1)">
      <text>Thoroughly investigate all allegations of abuse; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Take appropriate action to prevent further incidents of abuse while the investigation is in progress, and after that.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Immunity from Civil Liability. An individual who, acting in good faith, makes a report under this regulation has immunity from liability described in Health-General Article, §19-347(g), Annotated Code of Maryland.</text>
  </paragraph>
</regulation>