reglab/housing_qa huggingface dataset:
MD. Health - General Code Ann. §  19-1806 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 18 - Assisted Living Programs|Section 19-1806 - Assisted Living Program Services as Part of a Continuum of Care

    (a)    (1)    In this section the following words have the meanings indicated.        (2)    “Continuing care” has the meaning stated in § 10–401 of the Human Services Article.        (3)    “Continuing care agreement” has the meaning stated in § 10–401 of the Human Services Article.    (b)    This section applies to assisted living programs that offer assisted living program services as part of a continuum of care in accordance with a continuing care agreement that does not require a subscriber to execute a separate assisted living agreement to receive those services.    (c)    (1)    An assisted living program subject to this section that meets the requirements of Title 10, Subtitle 4 of the Human Services Article with regard to assisted living is not required to execute a separate assisted living resident agreement that is in addition to the continuing care agreement.        (2)    For purposes of paragraph (1) of this subsection, if a separate assisted living resident agreement is not utilized, references to a resident agreement in any regulations adopted under this subtitle shall mean the continuing care agreement.    (d)    A continuing care agreement that contains a provision to provide assisted living program services and does not require a subscriber to execute a separate assisted living agreement to receive those services is not required to contain general or specific contract provisions, except as required under Title 10, Subtitle 4 of the Human Services Article, that apply to assisted living programs that are not subject to this section.    (e)    (1)    In addition to subsection (c) of this section, an assisted living program subject to this section is not required to provide a disclosure statement relating to its assisted living program separate from any disclosure statement required by Title 10, Subtitle 4 of the Human Services Article for continuing care.        (2)    Any disclosure statement required to be provided to a resident under Title 10, Subtitle 4 of the Human Services Article shall include information that is required to be disclosed by an assisted living program in accordance with this subtitle.    (f)    A transfer of a resident from an assisted living program subject to this section to another assisted living or continuing care arrangement governed by the same continuing care agreement may not be considered a relocation or discharge from the assisted living program for purposes of triggering any regulatory requirements adopted under this subtitle for matters relating to notice, financial accounting, or refunds.
MD. Health - General Code Ann. §  19-1807 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 18 - Assisted Living Programs|Section 19-1807 - Training Requirements for Assisted Living Managers

    (a)    (1)    Except as provided in subsection (d) of this section, by January 1, 2006, an assisted living manager who is employed by an assisted living program that is licensed for 5 or more beds shall have completed a manager training course that is approved by the Department and includes an examination.        (2)    The manager training course shall:            (i)    Consist of at least 80 hours;            (ii)    Require attendance or participation at training programs that provide for direct interaction between faculty and participants; and            (iii)    Authorize a maximum of 25 hours of training through Internet courses, correspondence courses, tapes, or other training methods that do not require direct interaction between faculty and participants.    (b)    An assisted living manager employed in a program that is licensed for 5 or more beds shall be required to complete 20 hours of Department-approved continuing education every 2 years.    (c)    In addition to the sanctions specified in COMAR 10.07.14.48, an assisted living program that fails to employ an assisted living manager who meets the requirements of this section may be subject to a civil money penalty not to exceed $10,000.    (d)    (1)    The requirements of subsection (a) of this section do not apply to an individual who:            (i)    Is employed by an assisted living program and has enrolled in a Department-approved manager training course that the individual expects to complete within 6 months;            (ii)    Except as provided in paragraph (3) of this subsection, is temporarily serving as an assisted living manager, for no longer than 45 days, due to an assisted living manager leaving employment and prior to the hiring of a permanent assisted living manager; or            (iii)    Subject to paragraph (2) of this subsection:                1.    Has been employed as an assisted living manager in the State for 1 year prior to January 1, 2006; or                2.    Is licensed as a nursing home administrator in the State.        (2)    The Department may require an individual who is exempt under paragraph (1)(iii) of this subsection to complete a manager training course and examination if the Department finds that the assisted living manager repeatedly has violated State law or regulations on assisted living and that those violations have caused actual physical or emotional harm to a resident.        (3)    An assisted living program may request an extension from the Department to allow an individual to serve as an assisted living manager for longer than 45 days if the assisted living program has shown good cause for the extension.    (e)    The Department shall ensure that manager training courses approved by the Department are affordable and accessible to assisted living programs and to individuals seeking to enroll in the courses.
MD. Health - General Code Ann. §  19-1808 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 18 - Assisted Living Programs|Section 19-1808 - Services Disclosure Statement

    (a)    The Department, in consultation with the Maryland Health Care Commission and stakeholders, including advocates, consumers, and providers of assisted living services, shall develop a standard assisted living program services disclosure statement.    (b)    The purpose of the assisted living program services disclosure statement is to inform potential consumers about the services provided by an assisted living program in order to assist a consumer in choosing the most appropriate assisted living program.    (c)    (1)    An assisted living program, as part of the application for licensure, shall file with the Office of Health Care Quality the assisted living program services disclosure statement developed by the Department.        (2)    If an assisted living program changes the services reported on the assisted living program services disclosure statement, the assisted living program shall file with the Office of Health Care Quality an amended assisted living program services disclosure statement within 30 days of the change in services.    (d)    (1)    If an individual requests a copy of an assisted living program’s services disclosure statement, the assisted living program shall provide a copy of the services disclosure statement to the individual making the request.        (2)    An assisted living program shall provide a copy of the services disclosure statement to individuals as part of the program’s marketing materials.
MD. Health - General Code Ann. §  19-1810 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 18 - Assisted Living Programs|Section 19-1810 - Appeals; Hearing

    (a)    An assisted living program may request an appeal of a civil money penalty imposed under this subtitle.    (b)    A hearing on the appeal shall be held in accordance with:        (1)    The Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article; and        (2)    Regulations adopted by the Secretary.
MD. Health - General Code Ann. §  19-1811 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 18 - Assisted Living Programs|Section 19-1811 - Health Care Quality Account for Assisted Living Programs

    (a)    (1)    There is a Health Care Quality Account for Assisted Living Programs established in the Department.        (2)    The Account shall be funded by civil money penalties paid by assisted living programs and other penalties that the Office of Health Care Quality may assess.        (3)    The Department shall pay all penalties collected under this title to the Comptroller.        (4)    The Comptroller shall distribute funds collected under this title to the Health Care Quality Account for Assisted Living Programs.        (5)    The Account is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.        (6)    Any unspent portions of the Account may not be transferred or reverted to the General Fund of the State, but shall remain in the Account to be used for the purposes specified in this section.    (b)    The Health Care Quality Account for Assisted Living Programs shall be used for training, grant awards, demonstration projects, or other purposes designed to improve the quality of care.    (c)    The Department shall adopt regulations for the distribution of funds from the Health Care Quality Account for Assisted Living Programs.
MD. Health - General Code Ann. §  19-1813 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 18 - Assisted Living Programs|Section 19-1813 - Assisted Living Referrers -- Referrals

    (a)    In this section, “assisted living referrer” means an individual or agency that:        (1)    Makes referrals to assisted living programs without cost to the person receiving the referral; and        (2)    Is compensated by an assisted living program or other third party for referring individuals to a licensed assisted living program.    (b)    Each assisted living referrer:        (1)    Shall register with the Office of Health Care Quality;        (2)    Shall disclose to a client or potential client of the assisted living referrer all financial relationships the assisted living referrer has with assisted living programs;        (3)    If referring a client or potential client to an assisted living program, shall affirm that the assisted living program is licensed;        (4)    If referring a client or potential client to an assisted living program, may refer the client or potential client only to a licensed assisted living program; and        (5)    Shall notify the Office of Health Care Quality immediately on learning that the assisted living program is operating without a license.    (c)    An assisted living referrer may not:        (1)    Receive funding from the Department if the assisted living referrer is in violation of this subtitle; or        (2)    Make referrals only to licensed assisted living programs from which the assisted living referrer receives compensation as described in subsection (a)(2) of this section.    (d)    If requested by any person or on its own initiative, the Office of the Attorney General may investigate whether an assisted living referrer violated this subtitle and may seek appropriate relief.
MD. Health - General Code Ann. §  19-1902 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1902 - Criminal History Records Checks and Background Checks

    (a)    Before an eligible employee may begin work for an adult dependent care program, each adult dependent care program shall, for each eligible employee:        (1)    (i)    Apply for a State criminal history records check; or            (ii)    Request a private agency to conduct a background check; and        (2)    Request a reference from the potential employee’s most recent employer.    (b)    The reference request required under subsection (a)(2) of this section shall, at a minimum, seek information about any history of physical abuse on the part of the potential employee.    (c)    An adult dependent care program shall pay for each eligible employee:        (1)    A State criminal history records check; or        (2)    A private agency background check.    (d)    If an adult dependent care program requests a private agency to conduct a background check, the private agency shall conduct a background check in each state in which the adult dependent care program knows or has reason to know the eligible employee worked or resided during the past 7 years.
MD. Health - General Code Ann. §  19-1903 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1903 - Alcohol or Controlled Dangerous Substance Tests

    (a)    In addition to the checks required under this subtitle, an adult dependent care program may require an alcohol or controlled dangerous substance test of the potential employee.    (b)    An alcohol or controlled dangerous substance test conducted under this section shall comply with the provisions of § 17-214 of this article.
MD. Health - General Code Ann. §  19-1904 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1904 - Fingerprint Requirements; Submission of Materials by Program

    (a)    As part of the application for a State criminal history records check to be conducted by the Department, an eligible employee shall submit to the adult dependent care program:        (1)    Except as provided in subsection (c) of this section, a complete set of legible fingerprints taken on forms specified by the Director of the Criminal Justice Information System Central Repository; and        (2)    The disclosure statement required under § 19-1905 of this subtitle.    (b)    The adult dependent care program shall submit the fingerprints, disclosure statement, and payment for the costs of the criminal history records check.    (c)    The requirement that a complete set of legible fingerprints taken on forms specified by the Director of the Criminal Justice Information System Central Repository be submitted as part of the application for a criminal history records check may be waived by the Department if:        (1)    The eligible employee has attempted to have a complete set of fingerprints taken on at least two occasions;        (2)    The taking of a complete set of legible fingerprints is not possible because of a physical or medical condition of the eligible employee’s fingers or hands;        (3)    The eligible employee submits documentation satisfactory to the Department of the requirements of this subsection; and        (4)    The eligible employee submits the other information required for a criminal history records check to be conducted by the Department as part of the application process.
MD. Health - General Code Ann. §  19-1905 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1905 - Disclosure Statement; Acknowledged Receipt of Application

    (a)    As part of the application process for a criminal history records check, an eligible employee shall complete and sign a disclosure statement.    (b)    The Department or its designee shall mail an acknowledged receipt of the application with a disclosure statement from an eligible employee within 3 days after receipt of the application to:        (1)    The adult dependent care program seeking to hire the eligible employee; and        (2)    The eligible employee.
MD. Health - General Code Ann. §  19-1906 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1906 - Findings by Private Agency

    (a)    If the adult dependent care program requests a private agency background check:        (1)    The private agency shall issue a statement of its findings to:            (i)    On request, the eligible employee; and            (ii)    The adult dependent care program; and        (2)    The eligible employee shall have an opportunity to contest the findings.    (b)    The adult dependent care program shall comply with the federal Fair Credit Reporting Act that includes the issuance of a statement by the program of its findings to an eligible employee when adverse information is obtained that precludes the hiring of that employee.
MD. Health - General Code Ann. §  19-1907 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1907 - Printed Statements; Use of Information Obtained

    (a)    (1)    The Department shall conduct the criminal history records check and issue the printed statement provided for under this subtitle.        (2)    The Department shall update an initial criminal history records check and issue a revised printed statement, listing any of the convictions or pending charges occurring in the State after the date of the initial criminal history records check.        (3)    The Department shall provide an initial and a revised statement of an eligible employee’s State criminal record to the recipients of the acknowledgments specified in § 19-1905(b) of this subtitle.        (4)    The Department shall adopt regulations requiring employers to verify periodically the continuing employment of an employee.    (b)    The Department shall provide a printed statement of the eligible employee’s State criminal record to the recipients of the acknowledgments specified in § 19-1905(b) of this subtitle.    (c)    Information obtained from the Department or a private agency under this subtitle shall be confidential and may be disseminated only to the eligible employee who is the subject of the criminal history records check or private agency background check and to an adult dependent care program seeking to hire the eligible employee.    (d)    Information obtained from the Department or a private agency under this subtitle may not:        (1)    Be used for any purpose other than that for which it was disseminated; or        (2)    Be redisseminated.    (e)    Information obtained from the Department or a private agency under this subtitle shall be maintained in a manner to insure the security of the information.
MD. Health - General Code Ann. §  19-1908 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1908 - Contesting a Finding of Criminal Conviction

    (a)    An eligible employee may contest the finding of a criminal conviction or pending charge reported in a printed statement issued by the Department as provided in this section.    (b)    (1)    In contesting the finding of a conviction or a pending charge, the eligible employee shall contact the office of the Secretary, or a designee of the Secretary, and a hearing shall be convened within 20 workdays, unless subsequently waived by the eligible employee.        (2)    The Secretary, or a designee of the Secretary, shall render a decision regarding the appeal within 5 workdays after the hearing.    (c)    (1)    For the purposes of this subtitle, the record of a conviction for a crime or a copy of the record certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.        (2)    In a case where a pending charge is recorded, documentation provided by a court to the Secretary, or a designee of the Secretary, that a pending charge for a crime which has not been finally adjudicated shall be conclusive evidence of the pending charge.    (d)    Failure of the eligible employee to appear at the scheduled hearing shall be considered grounds for dismissal of the appeal.
MD. Health - General Code Ann. §  19-1909 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1909 - Failure to Disclose Conviction or Pending Charges; Penalties

    (a)    An eligible employee who fails to disclose a conviction or the existence of pending charges for a criminal offense or attempted criminal offense as required under § 19-1905 of this subtitle shall be guilty of perjury and on conviction is subject to the penalty provided by law.    (b)    Unless otherwise provided, an eligible employee who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
MD. Health - General Code Ann. §  19-1910 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1910 - Immunity From Civil or Criminal Liability

    The following persons or agencies shall have the immunity from civil or criminal liability described under § 5-619 of the Courts and Judicial Proceedings Article in connection with a criminal history records check under this subtitle:         (1)    An adult dependent care program; and        (2)    A State agency.
MD. Health - General Code Ann. §  19-1911 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1911 - Reference by Employer

    (a)    An employer providing a reference for employment under this subtitle and acting in good faith may not be held liable for disclosing any information about the job performance or the reason for termination of employment of an employee or former employee of the employer.    (b)    An employer providing a reference under this subtitle shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employer:        (1)    Acted with actual malice toward the employee or former employee; or        (2)    Intentionally or recklessly disclosed false information about the employee or former employee.
MD. Health - General Code Ann. §  19-1912 (2021)
2021 Maryland Statutes|Health - General|Title 19 - Health Care Facilities|Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks|Section 19-1912 - Scope of Subtitle

    Nothing in this subtitle may be construed to prevent an adult dependent care program from obtaining a criminal history records check or background check on any other individual applying for a job or volunteering services in the program.