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<regulation prefix="Regulation" num=".07" citation="COMAR 10.07.11.07" title_num="10" subtitle_num="07" chapter_num="11" heading="Personnel.">
  <paragraph num="A.">
    <text>When applicable, each staff member of the HMO shall be licensed as required by State and local law, and meet acceptable professional qualifications or have qualified by means of an occupational proficiency examination or through acceptable training. Provider staff patterns shall be designed to meet enrollee needs.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The HMO shall provide orientation for all new employees and require continuing education of all professional and supportive personnel which reflects advances in medical knowledge and enrollee health education.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The HMO shall establish a formal written process for:</text>
    <paragraph num="(1)">
      <text>Appointment of a physician or certified nurse practitioner to the clinical staff of the HMO;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Employment of a physician or certified nurse practitioner by the HMO; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Selection of a physician or certified nurse practitioner to provide services to the enrollees under contract with the HMO.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Information Concerning a Physician's or Certified Nurse Practitioner's Background and Training.</text>
    <paragraph num="(1)">
      <text>As part of the formal written process in §C of this regulation, the HMO shall collect, review, and verify the information concerning a physician's or certified nurse practitioner's background and training in §D(2) and (3) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Information that shall be collected, reviewed, and verified for a physician or certified nurse practitioner includes:</text>
      <paragraph num="(a)">
        <text>Evidence of education;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Evidence of current license to practice in the State;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Evidence of internship, residency training, or other pertinent training;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Evidence of specialty certification;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Evidence of Drug Enforcement Administration or Controlled Dangerous Substances registration;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Evidence of malpractice insurance coverage;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Physical and mental status;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>List of all hospitals where the physician or certified nurse practitioner has current privileges or is employed;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Evidence of any adverse action or restriction of privileges imposed by any hospital or Board;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Delineation of services to be provided to patients at the HMO;</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Past malpractice claims history;</text>
      </paragraph>
      <paragraph num="(l)">
        <text>Verification of status through the federal National Practitioner Data Bank; and</text>
      </paragraph>
      <paragraph num="(m)">
        <text>Cooperative arrangement with a physician for each certified nurse practitioner.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>For a physician who has privileges in a licensed Maryland hospital, the HMO may verify, through the hospital, the credentials described in §D(2)(a)—(f) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Reevaluation of Physicians or Certified Nurse Practitioners.</text>
    <paragraph num="(1)">
      <text>The HMO shall establish a formal written process for the reevaluation of appointment, employment, or selection of a physician or certified nurse practitioner.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The reevaluation shall include an ongoing process for verifying:</text>
      <paragraph num="(a)">
        <text>Current State Licensure;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Current Controlled Dangerous Substances or Drug Enforcement Administration registration; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Evidence of current malpractice insurance.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Every 3 years, the reevaluation also shall include the following for all physicians and certified nurse practitioners:</text>
      <paragraph num="(a)">
        <text>An update of the requirements of §D of this regulation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An assessment of the performance pattern based on an analysis of:</text>
        <paragraph num="(i)">
          <text>Complaints filed through the grievance system;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Malpractice claims filed;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Utilization, quality, and risk data;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Adherence to policies, bylaws, and procedures; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Physician and certified nurse practitioner practice patterns as reviewed through the HMO's quality assurance program.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Administrator.</text>
    <paragraph num="(1)">
      <text>At least one administrator shall be appointed by the governing body and delegated the responsibility for the internal operation of the HMO according to established policies. The administrator's responsibility for procurement and direction of personnel shall be clearly defined. An individual competent and authorized to act in the absence of the administrator shall be designated.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The HMO shall notify the Department of the name of the person appointed administrator and of any change in the appointment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Medical Director. The HMO shall have a medical director who is licensed to practice medicine in the State. A physician authorized to act in the absence of the medical director shall be designated. The medical director shall oversee the quality of care provided to the HMO's patients. If the medical director becomes aware of unethical or unprofessional conduct on the part of any health provider, the medical director shall take appropriate action to prevent future occurrences of this conduct.</text>
  </paragraph>
  <paragraph num="H.">
    <text>The HMO shall have a licensed registered nurse present to perform nursing services at all times that these services are required.</text>
  </paragraph>
</regulation>