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    Maryland Department of Health
    Regulations

    ​
    PROPOSAL
    Maryland Register
    Issue Date:  December 23, 2016
    Volume 43 • Issue 26 • Page 1458
     
    Title 10
    DEPARTMENT OF HEALTH AND MENTAL HYGIENE
    Subtitle 05 FREESTANDING AMBULATORY CARE FACILITIES
    10.05.03 Freestanding Major Medical Equipment Facilities
    Authority: Health-General Article, §19-3B-07, Annotated Code of Maryland
    Notice of Proposed Action
    [16-336-P]
    The Secretary of Health and Mental Hygiene proposes to amend Regulation .04 under COMAR 10.05.03 Freestanding Major Medical Equipment Facilities.
    Statement of Purpose
    The purpose of this action is to remove the requirement for the Office of Health Care Quality to notify the licensee 5 days before conducting an on-site inspection thus allowing the Department to conduct on-site random sample survey reviews.
    This was the only change identified as a result of a comprehensive and extensive review of COMAR 10.05.03 conducted by the Office of Health Care Quality (OHCQ) which included inviting comments from stakeholders, OHCQ surveyors, and other departments; posting a notification on OHCQ’s website; and sending out email notifications to approximately 300 stakeholders.
    Comparison to Federal Standards
    There is no corresponding federal standard to this proposed action.
    Estimate of Economic Impact
    The proposed action has no economic impact.
    Economic Impact on Small Businesses
    The proposed action has minimal or no economic impact on small businesses.
    Impact on Individuals with Disabilities
    The proposed action has no impact on individuals with disabilities.
    Opportunity for Public Comment
    Comments may be sent to Michele A. Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 23, 2017. A public hearing has not been scheduled.
    .04 Inspections by the Secretary.
    A. The Secretary may verify compliance with licensing requirements through on-site random sample record reviews. [Unless there is an immediate threat to the health and safety of patients or employees, the Secretary shall notify the licensee 5 days before conducting an on-site inspection.]
    B. (text unchanged)
    VAN T. MITCHELL
    Secretary of Health and Mental Hygiene