Maryland Nursing Home Regulations

The State of Maryland nursing home regulations protect the rights and ensure a minimum quality of care for the estimated 30,500 residents who live these facilities. The laws require nursing facilities to have a state license and to meet various standards concerning patient care and services. The nursing home licensees must also adhere to certain stipulations regarding resident's safety nursing home personnel and the overall setting of the facility.

Facility License

• Maryland law requires all nursing homes to obtain the proper license before beginning operations. The state issues licenses for two years and requires a separate license for each premise or building. The code requires the licensee to post the license on the premises so that it has total visibility and readability. Nursing homes operated by a corporation or association or agency requires the application in the name of two officers and board members, who assume the responsibility for meeting the conditions and laws pertaining to the granting of the license. The law also requires certain disclosures involving ownership.

Purchasing or Leasing an Existing Nursing Home

• The applicants must reveal their operation or involvement in the operation of a nursing home or similar facility in the past or present, including out of state facilities. The law also requires proof of the capacity to handle the administrative responsibilities of a nursing home as well as financial responsibility. The Secretary may issue a conditional approval requiring the applicant to hire a state-approved nursing home management entity to handle the operations and financial components of running the facility.

Residents Rights

• The Code of Maryland regulations 10-07-09-08 protects the individual rights of nursing home residents. The law reaffirms a resident's right for dignified and respectful treatment and with recognition of their independence. The codes prohibit the nursing home from impeding a resident state or constitutional rights in any manner. Some other rights spell out under this code includes the right to make their own decisions and access to communication with other people and amenities outside the bounds of the nursing home.

  The nursing home staff may not subject the person to intimidation, discrimination or retaliation for claiming their rights. In addition, the nursing home must respect the person's right to privacy regarding the personal records, personal care and medical treatment. The facility's staff should knock before entering the resident's room and allow the resident to visit privately with anyone.

Staffing

• Nursing homes in Maryland have to have a registered nurse on duty throughout the day, seven days a week. The facility must have a licensed nurse on duty 24 hour a day. Certified nursing assistants (CNAs) must have training and work under the supervision of licensed registered nurses. The regulation requires the nursing home doctor and nurses to work with a pharmacist to ensure the proper administration of medication.

  The law requires pharmacists to conduct monthly reviews of records of all medication given to residents. All nursing home residents have to remain under the care of a physician; either their own or the facility's doctor. The law states that the doctor must visit with each resident once a month for the first 90 days to assess the person's condition and review medication.