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<regulation prefix="Regulation" num=".02" citation="COMAR 10.21.14.02" title_num="10" subtitle_num="21" chapter_num="14" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Central Review Committee” means the Maryland Department of Health (MDH) staff or their respective designees in the following positions:</text>
      <paragraph num="(a)">
        <text>The Director of the Behavioral Health Administration;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The clinical director of the Behavioral Health Administration; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Director of the Resident Grievance System.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>“Chief executive officer (CEO)” means the individual appointed by the Director of the Behavioral Health Administration to act on the Director’s behalf in the overall management of a Behavioral Health Administration facility.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Coe consent decree” means the legally binding consent decree in Coe v. Hughes ordered by the United States District Court for Maryland which sets forth the legal rights of Mental Hygiene Administration facility residents with respect to the provision of legal and other related services by the legal assistance provider and the rights advisor.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Department (MDH)” means the Maryland Department of Health.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Director of Resident Grievance System” means the individual designated by the Deputy Secretary of Public Health Services to supervise the rights advisors and to perform the duties required to implement the Resident Grievance System.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Facility” means an inpatient or residential institution that is owned or directly operated by the Behavioral Health Administration.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Grievance” means a written or oral statement, as authorized in Regulation .05B of this chapter, alleging that a:</text>
      <paragraph num="(a)">
        <text>Resident's rights have been unfairly limited or violated or are likely to be violated in the immediate future;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Resident has been abused, neglected, or mistreated; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Facility has acted in an illegal or improper manner with respect to a resident or a group of residents.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Grievant” means a resident on whose behalf a grievance is filed, whether initiated by the resident, an employee of a facility, a family member of the resident, or an interested person.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Legal assistance provider (LAP)” means the lawyers and legally trained individuals who work under the lawyers' supervision who are responsible for providing legal services in accordance with the Coe consent decree.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Resident” means an individual who resides in a Behavioral Health Administration inpatient or residential facility or who was released or discharged from the facility within the past 90 days.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Resident Grievance System (RGS)” means the accessible administrative mechanism designed to protect a resident's rights through the investigation, processing, and resolution of grievances and implementation of the resolution.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Residents' rights committee” means a committee composed of at least nine members who are representative of:</text>
      <paragraph num="(a)">
        <text>Facility staff;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Residents, former residents, and residents' family members; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Advocacy groups.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>“Rights advisor” means an individual assigned as a resident advocate to implement the RGS.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Rights issue” means an alleged violation of a resident's rights guaranteed by federal and State constitutions, statutes, regulations, common law, or policies of the Maryland Department of Health and the facility.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Unit director” means an individual who has administrative authority within an organizational component of a facility.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Working day” means every day excluding Saturdays, Sundays, and holidays on which State offices are closed.</text>
    </paragraph>
  </paragraph>
</regulation>