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2000 LAWS OF MARYLAND
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Ch. 219
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Section 19-1401, 19-1402, and 19-1404, through 19-1407 and 19-1405 to be
under the amended subtitle "Subtitle 14. Nursing Homes"
Annotated Code of Maryland
(1996 Replacement Volume and 1999 Supplement)
BY repealing
Article - Health - General
Section 19-1403, 19-1406, 19-1407, 19-1408, and 19-1409
Annotated Code of Maryland
(1996 Replacement Volume and 1999 Supplement)
BY adding to
Article - Health - General
Section 19 1407 19-1405 and 10 1406. 19-1406. and 19-1407
Annotated Code of Maryland
(1996 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - General
Subtitle 14. Nursing Homes [- Civil Money Penalties].
19-1401.
(a) In this subtitle, the following words have the meanings indicated.
(B) "ACTUAL HARM DEFICIENCY' MEANS A CONDITION EXISTING IN A
NURSING HOME OR AN ACTION OR INACTION BY THE NURSING HOME STAFF THAT
HAS CAUSED PHYSICAL OR EMOTIONAL INJURY OR IMPAIRMENT TO A RESIDENT.
[(b)] (C) "Deficiency" [shall mean any failure of a nursing facility to meet the
requirements of this subtitle or any rule or regulation that the Secretary adopts
under this subtitle, and, in the case of a nursing facility that participates in the
Maryland Medicaid Program under Title 15 of this article as a nursing facility, any
failure to meet the requirements of § 1919(b), (c), or (d) of the federal Social Security
Act (42 U.S.C. § 1396R(b), (c), or (d)), that is serious or life threatening.] MEANS A
CONDITION EXISTING IN A NURSING HOME OR AN ACTION OR INACTION BY THE
NURSING HOME STAFF THAT RESULTS IN POTENTIAL FOR MORE THAN MINIMAL
HARM, ACTUAL HARM, OR SERIOUS AND IMMEDIATE THREAT TO ONE OR MORE
RESIDENTS.
[(c) "Life threatening" shall mean a condition existing in a nursing facility that
presents an imminent danger of health or serious mental or physical harm to the
residents of the nursing facility and must be remedied immediately to insure their
health, safety, and welfare.]
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