PARRIS N. GLENDENING, Governor

Ch. 130

19-309.

(a) Notwithstanding any other provisions of this subtitle, each hospital OR
RESIDENTIAL TREATMENT CENTER shall be open to inspections by the Department to
investigate and resolve any complaint concerning patient care, safety, medical and nursing
supervision, physical environment, sanitation or dietary matters.

(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 [Hospitals] HEALTH CARE HEALTHCARE
ORGANIZATIONS;

(ii) For a nonaccredited hospital OR NONACCREDITED
RESIDENTIAL TREATMENT CENTER, the standards adopted by the Secretary under this
subtitle; and

(iii) For an accredited or nonaccredited hospital that is a facility as
defined under § 19-319.2 of this subtitle, the requirements of §§ 10-701 through 10-709
of this article; AND

(IV) FOR AN ACCREDITED OR NONACCREDITED RESIDENTIAL
TREATMENT CENTER. THE REQUIREMENTS OF §§ 10-701 THROUGH 10-709 OF THIS
ARTICLE.

19-319.

(c) (1) The applicant shall have a certificate of need, as required under Subtitle
1 of this title, for the hospital, RESIDENTIAL TREATMENT CENTER, or related institution
to be operated.

(2) The hospital RESIDENTIAL TREATMENT CENTER, or related
institution to be operated shall:

(i) Be an accredited hospital OR ACCREDITED RESIDENTIAL
TREATMENT CENTER; or

(ii) Meet the requirements that the Secretary adopts under this
subtitle and Subtitle 12 of this title.

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