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<regulation prefix="Regulation" num=".05" citation="COMAR 10.07.16.05" title_num="10" subtitle_num="07" chapter_num="16" heading="Licensure Process.">
  <paragraph num="A.">
    <text>An applicant shall obtain a license from the Department before providing services.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Initial and Renewal Licensure. In order to be licensed as a limited private inpatient facility, the facility shall:</text>
    <paragraph num="(1)">
      <text>File an initial application with the Department that:</text>
      <paragraph num="(a)">
        <text>Is on the written or electronic form approved by the Department with the requirement that all questions are answered and all required documents are attached; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Includes documentation of:</text>
        <paragraph num="(i)">
          <text>Fire, liability, and hazard insurance coverage on the building in which the facility is located;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Compliance with relevant federal, State, or local ordinances, laws, regulations, and orders, including zoning and safety; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Accreditation as a limited private inpatient facility or comparable facility by the Joint Commission under its Standards for Behavioral Health Care;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Be subject to:</text>
      <paragraph num="(a)">
        <text>An initial survey to determine compliance with all appropriate statutes or regulations related to zoning, construction, fire safety, food service, and any other applicable codes; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The investigation of complaints and incidents by the Department;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Submit a facility service plan as required by Regulation .10 of this chapter; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Submit all required fees for licensure as specified in §I of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An application filed on behalf of a corporation, association, or governmental unit or agency shall:</text>
    <paragraph num="(1)">
      <text>Be made by two officers of the corporation, association, or governmental unit or agency; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Include the:</text>
      <paragraph num="(a)">
        <text>Names of all Board members;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Names of persons holding 2 percent or more of the stock or assets; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Ownership of property, real estate, and equipment, if other than the licensee’s.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Display of License. The facility shall visibly post the facility’s license in a public area in the facility.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The facility shall immediately notify the Department in writing of any change in the information the licensee had submitted with the most recent application, including the program service plan.</text>
  </paragraph>
  <paragraph num="F.">
    <text>To ensure the completion of any review or inspection by the Department of any major renovations, any construction of resident care areas, or the establishment of a medical service as defined under Health-General Article, §19-120, Annotated Code of Maryland, that has not previously been provided by the facility, the facility shall notify the Department 60 days before the facility begins to accept occupancy or begins operation.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Renewal of License.</text>
    <paragraph num="(1)">
      <text>An application on the written or electronic form provided by the Department for the renewal of the license shall be made by an accredited facility within 30 calendar days of the exit date of the triennial survey conducted by the Joint Commission.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department shall grant a renewal license to an applicant to operate if the applicant submits:</text>
      <paragraph num="(a)">
        <text>A completed application for license renewal with the required fees as specified by the Joint Commission;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A copy of the triennial survey report;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A copy of the corrective actions taken for standards not met; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A copy of the certificate for accreditation by the Joint Commission.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Loss of Accreditation.</text>
    <paragraph num="(1)">
      <text>In the event of the loss of accreditation and the conclusion of all appeals to the Joint Commission, the facility may continue to be licensed only until the facility promptly arranges for the safe discharge of each resident to another facility or to appropriate outpatient services. The facility shall cease operation upon the discharge of all residents.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When performing surveys, whether based on loss of accreditation, complaints received, or incidents reported, the Department shall determine compliance or noncompliance based on:</text>
      <paragraph num="(a)">
        <text>Applicable State and federal law; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Standards for Behavioral Health Care.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>License Fees.</text>
    <paragraph num="(1)">
      <text>A facility shall submit a written or electronic application on a form approved by the Department along with the fee established in this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A facility that has filed an application for accreditation that meets the requirements for a provisional license shall:</text>
      <paragraph num="(a)">
        <text>Submit a $500 nonrefundable license fee payable to the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>On receiving accreditation, pay an additional $1,500 nonrefundable license fee per accreditation period of 3 years, payable to the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A facility shall submit a $1,500 nonrefundable license fee per accreditation period of 3 years, payable to the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Provisional License.</text>
    <paragraph num="(1)">
      <text>A facility that submits documentation showing the facility has applied to the Joint Commission for accreditation but has not yet been accredited at the time of application but otherwise meets the requirements for licensure shall be issued a provisional license.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The provisional license shall be issued for a period of not greater than 1 year from issuance.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A facility issued a provisional license shall be subject to subsequent surveys by the Department to determine compliance with this chapter and applicable standards of the Joint Commission until accreditation is awarded.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If the Joint Commission denies accreditation to a facility before the expiration of the provisional license, the facility shall cease operations upon the prompt and safe discharge of all residents.</text>
    </paragraph>
  </paragraph>
</regulation>