Chapter 20. Intermediate Care Facilities for Individuals with Intellectual Disabilities or Persons with Related Conditions (ICF/IID)

Who do not require hospital care; and

Whose mental or physical condition requires services that:

Subtitle 4: Provisions of Services;

Subtitle 5: State Residential Centers for Individuals With Mental Retardation if the facility is operated by the State;

Subtitle 8: Transfers; and

Subtitle 10: Rights of Individuals.

“Department” means the Maryland Department of Health.

“Facility” means an intermediate care facility for individuals with intellectual disabilities or persons with related conditions (ICF/IID) within the scope of this chapter.

“License” means a license issued by the Secretary to operate a facility.

“Secretary” means the Secretary of Health.

Submit to the Secretary an application:

Pay to the Secretary an application fee in the amount provided in COMAR 10.07.15.

A license expires on the first anniversary of its effective date unless it is renewed for a 1-year term as provided in this section.

Before the license expires, the licensee may renew it for another 1-year term, if the licensee submits to the Secretary:

Deny a license to any applicant;

Deny the renewal of a license to a licensee; or

Revoke a license of a licensee if the applicant or licensee does not meet the requirements of this chapter.

Maintained in good repair, clean, and attractive;

Free of unnecessary accumulations of personal property or debris; and

Free of hazards, insects, and rodents.

Establish policies and procedures to investigate, control, and prevent infections in the facility; and

Ensure that facility staff follow these policies and procedures.

The administrator shall provide orientation and training for all staff and volunteers.

If the center provides care for individuals with Alzheimer's disease or related disorders:

Employee Health Screening. A facility shall obtain certification that an employee or volunteer is free from tuberculosis in a communicable form as provided in Regulation .06 only if the employee or volunteer:

Procedures that will be followed before, during, and after an emergency to address the following:

The notification to families, staff, and respective DDA regional office regarding the action that will be taken concerning the safety and well-being of the individuals served;

The staff coverage, organization, and assignment of responsibilities that includes:

The continuity of operations, including, but not limited to, redundant communications systems, preservation of records and electronic data, the procurement of essential goods, equipment, and services, plans to secure vacated facilities, and the relocation to alternate facilities;

Procedures to:

Provisions to ensure that the facility's emergency and disaster plans are shared with local emergency management organizations for the purpose of coordinating local emergency planning;

An executive summary of the evacuation procedures that shall be provided to the family member of a resident on request; and

A summary statement of the facility's community surge capacity abilities.

If the individual has documentation of a negative tuberculin test by the Mantoux method within the past 24 months and has, by history, no contact with a person with tuberculosis in a communicable form subsequent to this documentation or no symptoms consistent with tuberculosis, the individual shall be considered to be a negative tuberculin reactor and to be free from tuberculosis in a communicable form. Further skin testing may not be necessary except for epidemiologic diagnostic purposes which may be required by the local health officer or the Department.

If the individual does not have documentation of a negative tuberculin test by the Mantoux method within the past 24 months and does not have a history of having had a positive tuberculin test by the Mantoux method, the following procedure shall be done:

If the individual is a positive tuberculin reactor as defined in §A(2)(c), of this regulation, or if the individual has a history of a positive tuberculin test by the Mantoux method without documentation of having received an adequate course of therapy, as defined by the local health officer, for tuberculosis disease or received adequate prophylaxis, as defined by the local health officer, for tuberculosis infection, the following procedure shall be done:

If the individual has documentation of an adequate course of therapy, approved by the local health officer, for tuberculosis disease or adequate prophylaxis, approved by the local health officer, for tuberculosis infection, no further chest X-rays are necessary and the individual shall be considered to be free from tuberculosis in a communicable form unless the individual has symptoms consistent with tuberculosis.

A history of tuberculosis or tuberculosis infection without documentation of adequate treatment as defined and determined by the local health officer;

Is currently being treated for tuberculosis disease or tuberculosis infection;

Has chest X-rays consistent with tuberculosis without documentation of adequate treatment as defined and determined by the local health officer; or

Symptoms consistent with tuberculosis or a history of contact with a person with tuberculosis in a communicable form within the past 12 months.

Results of Mantoux tests, recorded in millimeters of induration with dates of administration, dates of reading and results of tests;

Results of X-rays required in §A(3)(a),(b), and (c), of this regulation; and

Documentation of any Mantoux test, chest X-ray, chemotherapy, and chemoprophylaxis which is the basis for the certification that the individual is free from tuberculosis in a communicable form.