WILLIAM DONALD SCHAEFER, Governor                            Ch. 368

accreditation by the Joint Commission on Accreditation of [Hospitals] HEALTH CARE
ORGANIZATIONS within 1 year after beginning operation or has had its application for
accreditation rejected, the Department shall inspect the hospital for compliance with the
standards adopted under this subtitle.

[(4)] (5) At least 2 inspections a year of each related institution shall be
unannounced.

[(5)] (6) The part of a building that contains part of a hospital or related
institution and any outbuilding are considered part of the facility and are subject to
inspection to determine occupancy status for licensing purposes.

[(6)](7) Subject to § 2-1312 of the State Government Article, during each
regular session of the General Assembly, the Department shall submit to the General
Assembly a report on the inspections.

[(7)] (8) (i) An employee of the Department may not inform a hospital or
related institution of any proposed inspection activity, unless the chief of the employee's
division directs the employee to do so.

(ii) An employee who violates any provision of this paragraph is guilty
of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or
imprisonment not exceeding 1 year or both.

(c) (1) An accredited hospital shall [make] SUBMIT the survey findings of the
Joint Commission on Accreditation of [Hospitals available for inspection by] HEALTH
CARE ORGANIZATIONS WITHIN 30 DAYS OF RECEIPT BY THE HOSPITAL TO the
Department [at the hospital].

(2) A HOSPITAL MAY SUBMIT A FORMAL RESPONSE TO THE SURVEY
FINDINGS OF THE JOINT COMMISSION ON ACCREDITATION OF HEALTH CARE
ORGANIZATIONS AND THE SECRETARY SHALL MAKE THIS INFORMATION
AVAILABLE ON A REQUEST FOR PUBLIC DISCLOSURE OF THE SURVEY FINDINGS.

(2) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION, AN
ACCREDITED HOSPITAL'S OFFICIAL ACCREDITATION REPORT AND 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 HEALTH CARE ORGANIZATIONS FOR AN ACCREDITED
HOSPITAL DIRECTLY TO THE HOSPITAL.

(4) UPON THE WRITTEN REQUEST OF ANY PERSON, WITHIN 15 WORKING
DAYS, THE ACCREDITED HOSPITAL SHALL MAKE AVAILABLE FOR PUBLIC
INSPECTION THE MOST RECENT ACCREDITATION LETTER AND ANY TYPE 1 I
RECOMMENDATIONS IF THE JOINT COMMISSION ON ACCREDITATION OF HEALTH
CARE ORGANIZATIONS HAS MADE A FINAL DECISION ON ANY APPEAL BY THE
HOSPITAL OF THE TYPE i I RECOMMENDATIONS.

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