950

LAWS OF MARYLAND

Ch. 21

"for cause shown". This substitution conforms to
the basis on which a license may be denied.

Subsection (b) of this section is revised to
apply to denial of licenses. This revision
conforms to Department practice.

Defined terms: "License" § 19-301
"Secretary" § 1-101

19-328. ADMISSION RESTRICTIONS BY SECRETARY.

(A)   IN GENERAL.

(1)   IF THE SECRETARY DETERMINES THAT A LIFE
THREATENING, HEALTH OR FIRE SAFETY DEFICIENCY EXISTS IN A
RELATED INSTITUTION, THE SECRETARY IMMEDIATELY MAY RESTRICT
NEW ADMISSIONS TO THE RELATED INSTITUTION FOR NOT MORE THAN
A 30-DAY PERIOD.

(2)  WITHIN 7 DAYS AFTER A REQUEST BY AN
AGGRIEVED PARTY, A HEARING SHALL BE HELD TO DETERMINE THE
APPROPRIATENESS OF THE ADMISSIONS RESTRICTION.

(3)  WITHIN 21 DAYS AFTER ADMISSIONS ARE
RESTRICTED, THE RELATED INSTITUTION SHALL TAKE STEPS TO
CORRECT THE DEFICIENCY.

(B)  HEARING ON CORRECTIONS; ACTIONS IF CORRECTION NOT
MADE.

(1)  UNLESS THE SECRETARY LIFTS THE ADMISSIONS
RESTRICTION, WITHIN 30 DAYS AFTER ADMISSIONS ARE RESTRICTED,
A HEARING SHALL BE HELD TO DETERMINE WHETHER THE RELATED
INSTITUTION HAS TAKEN ENOUGH STEPS TO CORRECT THE
DEFICIENCY.

(2)   IF THE SECRETARY FINDS THAT THE DEFICIENCY
STILL EXISTS, THE SECRETARY MAY:

(I)  CONTINUE TO RESTRICT ADMISSIONS FOR
NOT MORE THAN 3 CONSECUTIVE 30-DAY PERIODS; OR

(II)  REVOKE THE LICENSE OF THE RELATED
INSTITUTION AND MOVE ITS RESIDENTS TO AN APPROPRIATE,
LICENSED FACILITY.

(3)  AN AGGRIEVED PARTY IS ENTITLED TO A HEARING
ON EACH CONTINUATION OF THE ADMISSION RESTRICTION. WITHIN 7
DAYS AFTER A REQUEST BY AN AGGRIEVED PARTY, A HEARING SHALL
BE HELD TO DETERMINE THE APPROPRIATENESS OF THE ADMISSIONS
RESTRICTION.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 560A.