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BENHA : complaint

 

Complaint Information

The Complaint Process

If you wish to file a complaint about the care or treatment you or a family member received or did not receive at a nursing home facility, please call the Office of Health Care Quality at (410) 402-8108, or click here to file a complaint.

To file a complaint specifically against an individual who is a Maryland Licensed Nursing Home Administrator, please mail a completed, dated and signed Complaint Form [see form below] to the Board.

The Board gives serious consideration to all complaints.  Should you file a complaint, you may be contacted by a Board investigator for additional information.  While the investigation is ongoing, the Board is unable to discuss the status of a complaint with anyone, including the complainant.   

Complaints are reviewed immediately upon receipt.  A letter is sent to the complainant advising them that the complaint has been received by the Board and is being reviewed.  If it is determined that there is not a sufficient basis to proceed with formal disciplinary action, the complainant will be advised that the matter has been closed.

If it is determined during the initial review that the complaint is not under the Board’s jurisdiction, the complaint may be referred to another agency, and notice will be sent to the complainant of the contact person, and address of that other agency. 

If it has been decided that a violation of the Nursing Home Administrator Practice Act may have occurred, the complaint may be forwarded to the Board’s Health Occupations Investigator to gather facts, documentation, and interviews.  A Board member liaison will be assigned to assist the investigator in preparing interview questions or providing guidance during the investigation.  The investigator will submit his final investigative report to the full Board for review.

When the investigation is complete, the Board may vote to dismiss the matter, or take informal action which may include letters of agreement, letters of education, and letters of admonishment.  A letter of agreement may require the licensee to take corrective action.  These informal actions are non-public and the specific actions taken are required by law to be kept confidential.

The Board may vote to charge the nursing home administrator.  At that time, the case is referred to the Office of the Attorney General for further review and possible prosecution.  The Board may hold a case resolution conference to give the licensee an opportunity to resolve the case outside of a hearing.  

Formal action may include a reprimand, the suspension of a license, and/or assessment of a monetary fine.  At a formal hearing, the licensee may be represented by an attorney and may present witnesses.  The Board may subpoena witnesses.  The complainant may be asked to testify.  Board members, the hearing officer, the Board’s prosecuting attorney, the licensee, or the licensee’s attorney may question witnesses.  If the evidence presented proves the misconduct, the Board may impose disciplinary actions which include suspension or revocation of a license, a reprimand, a fine, probation, or an order.  Formal actions result in public orders that may be disclosed upon written request as required under the Maryland Public Information Act, and will be posted on the Board's website.

Download Complaint Form