994

LAWS OF MARYLAND

Ch. 21

As to the referenced exceptions, see § 19-403 of
this subtitle.

Defined terms: "Department" § 1-101
"Home health agency" § 19-401
"Person" § 1-101

19-406. QUALIFICATIONS OF APPLICANTS.

TO QUALIFY FOR A LICENSE, AN APPLICANT SHALL:

(1)  SHOW THAT THE HOME HEALTH AGENCY WILL
PROVIDE APPROPRIATE HOME HEALTH CARE TO PATIENTS WHO MAY BE
CARED FOR AT A PRESCRIBED LEVEL OF CARE, IN THEIR RESIDENCE
INSTEAD OF IN A HOSPITAL; AND

(2)  MEET THE REQUIREMENTS OF SUBTITLE 1 OF THIS
TITLE FOR CERTIFICATION OF NEED.

REVISOR'S NOTE: This section formerly appeared as the
third sentence of Article 43, § 879 and the first
sentence of § 882.

In item (1) of this section, reference to the
applicant showing "that the home health agency
will provide" is substituted for the words "shall
provide", to reflect that an applicant for
licensing may not provide services until the
license is issued.

Also in item (l) of this section, the former
reference "under the direction ... of a licensed
physician" is deleted as unnecessary in light of
the use of the defined term "home health care".

Also in item (1) of this section, the former
phrase "who are deemed to require initial or
continued hospitalization" is deleted as
contradictory of the purpose, namely, providing
care in a residence instead of in a hospital.

The only other changes are in style.

Defined terms: "Home health agency" § 19-401
"Home health care" § 19-401

19-407. INSPECTIONS; ISSUANCE AND REVOCATION OF LICENSES.

THE DEPARTMENT SHALL:

(1) INSPECT THE OPERATIONS OF EACH HOME HEALTH
AGENCY TO DETERMINE WHETHER IT IS MEETING THE REQUIREMENTS
OF THIS SUBTITLE AND THE RULES AND REGULATIONS ADOPTED UNDER
IT; AND