§ 19-301
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/md/health-general/19-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§19–301.
(a)In this subtitle the following words have the meanings indicated.
(b)“Accredited hospital” means a hospital accredited by the Joint Commission on Accreditation of Healthcare Organizations.
(c)“Accredited residential treatment center” means a residential treatment center that is accredited by:
(1)The Joint Commission on Accreditation of Healthcare Organizations;
(2)The Commission on Accreditation of Rehabilitation Facilities; or
(3)The Council on Accreditation.
(d)“Apartment unit” means any space, in a residential building, that is enclosed and self-contained and has a sanitary environment, if the space includes:
(1)2 or more rooms;
(2)A direct exit to a thoroughfare or to a common element leading to a thoroughfare;
(3)Facilities for living, sleeping, and eating; and
(4)At least the following facilities for cooking:
(i)Storage space for food and utensils;
(ii)A refrigerator;
(iii)A cook top; and
(iv)Adequate electrical capacity and outlets for small appliances.
(1)“Domiciliary care” means services that are provided to aged or disabled individuals in a protective, institutional or home-type environment.
(2)“Domiciliary care” includes:
(i)Shelter;
(ii)Housekeeping services;
(iii)Board;
(iv)Facilities and resources for daily living; and
(v)Personal surveillance or direction in the activities of daily living.
(f)“Hospital” means an institution that:
(1)Has a group of at least 5 physicians who are organized as a medical staff for the institution;
(2)Maintains facilities to provide, under the supervision of the medical staff, diagnostic and treatment services for 2 or more unrelated individuals; and
(3)Admits or retains the individuals for overnight care.
(g)“License” means a license issued by the Secretary:
(1)To operate a hospital in this State;
(2)To operate a related institution in this State; or
(3)To operate a residential treatment center in this State.
(h)“Limited service hospital” means a health care facility that:
(1)Is licensed as a hospital on or after January 1, 1999;
(2)Changes the type or scope of health care services offered by eliminating the facility’s capability to admit or retain patients for overnight hospitalization;
(3)Retains an emergency or urgent care center; and
(4)Complies with the regulations adopted by the Secretary under § 19-307.1 of this subtitle.
(i)“Nonaccredited hospital” means a hospital not accredited by the Joint Commission on Accreditation of Healthcare Organizations.
(j)“Nonaccredited residential treatment center” means a residential treatment center that is not accredited by:
(1)The Joint Commission on Accreditation of Healthcare Organizations;
(2)The Commission on Accreditation of Rehabilitation Facilities; or
(3)The Council on Accreditation.
(k)“Nursing care” means service for a patient that is:
(1)Ordered by a physician; and
(2)Provided or supervised by a registered or practical nurse who is licensed to practice in this State.
(l)“Nursing facility” means a related institution that provides nursing care for 2 or more unrelated individuals.
(m)“Person” includes this State or a county or municipal corporation.
(1)“Personal care” means a service that an individual normally would perform personally, but for which the individual needs help from another because of advanced age, infirmity, or physical or mental limitation.
(2)“Personal care” includes:
(i)Help in walking;
(ii)Help in getting in and out of bed;
(iii)Help in bathing;
(iv)Help in dressing;
(v)Help in feeding; and
(vi)General supervision and help in daily living.
(1)“Related institution” means an organized institution, environment, or home that:
(i)Maintains conditions or facilities and equipment to provide domiciliary, personal, or nursing care for 2 or more unrelated individuals who are dependent on the administrator, operator, or proprietor for nursing care or the subsistence of daily living in a safe, sanitary, and healthful environment; and
(ii)Admits or retains the individuals for overnight care.
(2)“Related institution” does not include a nursing facility or visiting nurse service that is conducted only by or for adherents of a bona fide church or religious organization, in accordance with tenets and practices that include reliance on treatment by spiritual means alone for healing.
(p)“Residential treatment center” means a psychiatric institution that provides campus-based intensive and extensive evaluation and treatment of children and adolescents with severe and chronic emotional disturbances who require a self-contained therapeutic, educational, and recreational program in a residential setting.
(q)“Unrelated individual” means anyone who is not:
(1)A child, grandchild, parent, grandparent, sibling, stepparent, stepchild, or spouse of the proprietor; or
(2)An in-law of any of these individuals.