# COMAR Title 10 — Maryland Department of Health

## Subtitle 24 — Maryland Health Care Commission

### Chapter 03 — Maryland Long-Term Care Survey

**Authority:** Health-General Article, §§19-109(a)(1) and (7) and 19-116(b)(1) and (2), Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Chapter 03 “Statewide Nursing Home Survey for 1981” effective May 10, 1982 (9:9 Md. R. 905); repealed effective March 11, 1985 (12:5 Md. R. 483)

**Administrative History:** Chapter 03 "1984 Maryland Long Term Care Survey" adopted effective March 11, 1985 (12:5 Md. R. 483)

**Administrative History:** Chapter revised effective February 9, 1987 (14:3 Md. R. 273)

**Administrative History:** Regulations .01B and .02B, C amended and Regulations .03 and .04 adopted as an emergency provision effective March 1, 1993 (20:6 Md. R. 578); emergency status expired June 28, 1993

**Administrative History:** Regulation .01B amended effective July 5, 1993 (20:13 Md. R. 1049); August 16, 2004 (31:16 Md. R. 1255)

**Administrative History:** Regulation .02 amended effective August 16, 2004 (31:16 Md. R. 1255)

**Administrative History:** Regulation .02B, C amended effective July 5, 1993 (20:13 Md. R. 1049)

**Administrative History:** Regulation .02D amended effective December 23, 2002 (29:25 Md. R. 1982)

**Administrative History:** Regulations .03 and .04 adopted effective July 5, 1993 (20:13 Md. R. 1049)

#### Regulation .01 Definitions.

*COMAR 10.24.03.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Long-term care providers” means providers of institutional and  community-based, long-term care services, including those providers identified in COMAR 10.24.08.

  (2) “Maryland Long-Term Care Survey” means any written request for data from the Maryland Health Care Commission to long-term care providers. This data may include:

    (a) Types of services offered;

    (b) Operating policies and limits on operations;

    (c) Revenue data;

    (d) Cost data;

    (e) Changes in licensed capacity;

    (f) Utilization data;

    (g) Patient/client-specific data including:

      (i) Demographic data;

      (ii) Admission and discharge data;

      (iii) Reimbursement data; and

      (iv) Diagnostic and functional data.

#### Regulation .02 Collection and Submission of Data.

*COMAR 10.24.03.02*

A. Long-term care providers, on a periodic basis as requested, shall submit accurate, timely, and complete data required by the Commission for:

  (1) The development of methodologies and planning; and

  (2) Maintenance of the nursing home performance evaluation guide.

B. The Commission shall:

  (1) Annually survey providers of comprehensive care, extended care, chronic hospital care, and assisted living; and

  (2) Prepare a schedule for surveying other long-term care providers.

C. Providers shall retain a listing of all patient/client codes, as applicable, and a copy of the survey for 5 years to permit the Commission to follow up on unclear responses.

D. Long-term care providers shall prepare and submit to the Commission within 60 days of receipt of the survey instrument, data responses to the Maryland Long-Term Care Survey. Failure to submit these responses in a timely fashion may subject the provider to penalties as described in COMAR 10.25.12.

E. A survey required under this regulation does not replace any existing data requirements of the Department or any agencies or commissions of the State.

#### Regulation .03 Extensions.

*COMAR 10.24.03.03*

A. A long-term care provider may request an extension of its submission date, by letter, to the Executive Director of the Commission, if the request:

  (1) Is submitted not later than 15 days before the submission is due;

  (2) Explains the reason for the extension; and

  (3) Provides a requested due date.

B. The Executive Director shall send a response to the request for an extension to a long-term care provider within 10 days of receipt of the request by the Commission.

#### Regulation .04 Summary Studies, Reports, and Compilations.

*COMAR 10.24.03.04*

Summary studies, reports, or other compilations developed by the Commission or the Commission's staff, from the data submitted in accordance with this chapter, is public information, except that disclosure may not be made in such a way that the data furnished for a specific patient/client can be identified.