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ROBERT L. EHRLICH, JR., Governor
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Ch. 268
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(f) (1) An employee of the Developmental Disabilities Administration or the
Mental Hygiene Administration may not be a member of the Committee or any
subcommittee of the Committee.
(2) The Director of the Office of Health Care Quality may not serve on a
subcommittee of the Committee or vote on the disposition of an individual mortality
review that was previously reviewed by the Office of Health Care Quality.
(g) The Secretary shall select a chairperson from among the members of the
Committee.
(h) A quorum of the Committee shall be a majority of the appointed
membership of the Committee.
(i) The Committee shall meet not less than three times a year.
5-805.
(a) (1) Except as provided in paragraph (3) of this subsection, the Office of
Health Care Quality shall review each death of an individual with developmental
disabilities or with a mental illness who, at the time of death, resided in or was
receiving services from any program or facility licensed or operated by the
Developmental Disabilities Administration or operating by waiver under § 7-903(b) of
this article, or any program approved, licensed, or operated by the Mental Hygiene
Administration under § 10-406, § 10-901, or § 10-902 of this article.
(2) The Office of Health Care Quality may not review the care or services
provided in an individual's private home, except to the extent needed to investigate a
licensed provider that offered services at that individual's home.
(3) Unless a member of the Committee requests a review, the Office of
Health Care Quality may choose not to review a death if the circumstances, based on
reasonable judgment, are readily explained and require no further investigation.
(b) Within 14 days of the completion of each investigation, the Office of Health
Care Quality shall submit to the Committee its final report for each death.
(c) The Committee shall:
(1) Review each death report provided by the Office of Health Care
Quality; or
(2) Appoint a subcommittee of at least four members, one of whom shall
be a licensed physician or nurse, to review death reports and report and make
recommendations to the full Committee.
(d) (1) On review of the death report, if the Committee or its subcommittee
determines that further investigation is warranted, the Committee or subcommittee
may request additional information, including consumer records, medical records,
autopsy reports, and any deficiency statements and plans of correction.
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- 1529 -
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