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<regulation prefix="Regulation" num=".05" citation="COMAR 10.30.01.05" title_num="10" subtitle_num="30" chapter_num="01" heading="Patient Standards.">
  <paragraph num="A.">
    <text>General Considerations.</text>
    <paragraph num="(1)">
      <text>Patients who are accepted for dialysis and kidney transplantation:</text>
      <paragraph num="(a)">
        <text>Shall be accepted on medical grounds alone;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May not be accepted based on age, race, sex, social background, national origin, religion, or financial resources; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Are the responsibility of the dialysis or transplant centers, or both, but shall conform to the medical guidelines established in §B of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Kidney Disease Program is financially responsible only for residents of the State who are certified as eligible for participation in the Kidney Disease Program.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Maryland residents treated in dialysis facilities or transplant centers outside the State are not eligible for reimbursement unless the treatment has been preauthorized by the Commission.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Commission may authorize a treatment for documented reasons of continuity of care, or geographical proximity of the patient's residence to the dialysis facility or transplant center, or both.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Except as provided in §C of this regulation, if a patient is accepted by a facility for dialysis, transplantation, or both, the patient is the responsibility of that facility and the facility's staff until that responsibility is terminated by mutual agreement between the facility and patient.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The Commission shall review each facility's policy regarding discharge of patients from the facility's program.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Any separation that is not mutually accepted shall be documented in writing by the facility and reviewed by the Commission to determine whether there has been a violation of laws or regulations of the State.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Medical Guidelines. A patient may be accepted for treatment if the patient meets any of the following criteria:</text>
    <paragraph num="(1)">
      <text>Has end-stage kidney disease requiring kidney replacement therapy to sustain life;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A patient who grants informed consent and who has had a thorough medical, psychosocial evaluation indicating a reasonable expectation of benefiting from either chronic dialysis or transplantation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Has chronic end-stage kidney disease and is a qualified resident of this State, except when documented medical reasons contraindicate dialysis; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Has rejected a transplanted kidney making the patient immediately eligible for consideration for readmission into a chronic dialysis program if the patient is a medically suitable candidate.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Abusive and Dangerous Patients.</text>
    <paragraph num="(1)">
      <text>A facility shall:</text>
      <paragraph num="(a)">
        <text>Develop policies for the management of abusive and dangerous patients;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Maintain these policies in the policy and procedures manual in the dialysis facility; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Inform the patient in writing of the facility's policy for the management of abusive and dangerous patients.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A separation or discharge may be implemented by the facility only after the patient has been given written notice by the facility and has had a reasonable opportunity to terminate the abusive and dangerous behavior, however:</text>
      <paragraph num="(a)">
        <text>A patient who commits violence in a facility may be discharged; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Commission shall require documentation of the violence to support a discharge.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commission shall review each facility's policy for the management of abusive and dangerous patients and the facility's method of implementation of this policy during the Commission's survey.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Complaints.</text>
    <paragraph num="(1)">
      <text>The Commission shall investigate complaints received from patients, providers, anonymous persons, and other interested parties including family members.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Commission shall consider all complaints submitted to the Commission office for further investigation.</text>
    </paragraph>
  </paragraph>
</regulation>