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ROBERT L. EHRLICH, JR., Governor Ch. 232
any summary of the report, written progress reports, or plans of correction which are
submitted to the Secretary are confidential and are not discoverable or admissible as
evidence in any civil action.
(3) The Secretary shall refer any request for public inspection of a survey
report made by the Joint Commission on Accreditation of Healthcare Organizations
for an accredited hospital or accredited residential treatment center directly to the
hospital or residential treatment center.
(4) Upon the written request of any person, within 15 working days, the
accredited hospital or accredited residential treatment center shall make available for
public inspection the most recent accreditation letter and any Type I
recommendations if the Joint Commission on Accreditation of Healthcare
Organizations has made a final decision on any appeal by the hospital or residential
treatment center of the Type I recommendations.
(5) If information is released in accordance with paragraph (4) of this
subsection, that information is no longer confidential, but is not discoverable or
admissible in any civil action.
(6) An accreditation report, including any summary of the report and
any information contained in the report, disclosed by a hospital or residential
treatment center, the Joint Commission on the Accreditation of Healthcare
Organizations, or the Department is not admissible or discoverable in any civil action.
(7) If an accredited hospital or accredited residential treatment center
willfully fails to comply with the provisions of this subsection, the Secretary may
impose a penalty not to exceed $1,000 a day for each day the violation continues.]
19-309.
(b) (1) To resolve expeditiously a complaint that alleges the existence of any
nonlife-threatening deficiency, the Department may refer the complaint directly to
the hospital or residential treatment center.
(2) If appropriate, issues relating to the practice of medicine or the
licensure or conduct of a health professional shall be referred to the hospital or the
residential treatment center and may be referred to the appropriate licensure board
for resolution.
(3) If the Department determines that the hospital or residential
treatment center has not satisfactorily addressed the referred complaint or where the
complaint alleges the existence of a life-threatening deficiency, the Department shall
conduct an independent investigation. [When conducting its independent
investigation, the Department shall use:
(i) For an accredited hospital or accredited residential treatment
center, the current applicable standards of review of the Joint Commission on
Accreditation of Healthcare Organizations;
(ii) For a nonaccredited hospital or nonaccredited residential
treatment center, the standards adopted by the Secretary under this subtitle;
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