reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14 - Nursing Homes › Section 19-1410.1 - Safe Patient Lifting

(a)    On or before December 1, 2008, each nursing home shall establish a safe patient lifting workgroup with equal membership from management and employees.
(b)    (1)    On or before July 1, 2009, the safe patient lifting workgroup shall develop a safe patient lifting policy for the nursing home.
(2)    The goal of the policy shall be to reduce employee injuries associated with patient lifting.
(c)    While developing a safe patient lifting policy, the workgroup shall consider, based on the patient population of that nursing home, the appropriateness and effectiveness of:
(1)    Developing or enhancing patient handling hazard assessment processes;
(2)    Enhanced use of mechanical lifting devices;
(3)    Developing specialized lift teams;
(4)    Training programs for safe patient lifting required for all patient care personnel at the nursing home;
(5)    Incorporating physical space and construction design for mechanical lifting devices in any architectural plans for nursing home construction and renovation; and
(6)    Developing an evaluation process to determine the effectiveness of the policy.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14 - Nursing Homes › Section 19-1410.2 - Annual Assessment of Workplace Safety Issues

(a)    In this section, “workplace safety” means the prevention of any physical assault or threatening behavior against an employee in a nursing home.
(b)    This section applies to nursing homes that are licensed for 45 beds or more.
(c)    Each nursing home shall assign to an appropriate committee the task of:
(1)    Conducting an annual assessment of workplace safety issues; and
(2)    Making recommendations to the nursing home for reducing workplace injuries.
(d)    In conducting an annual assessment of workplace safety issues, the committee assigned to conduct the assessment under subsection (c)(1) of this section shall consult with geriatric nursing assistants and other employees of the nursing home who are involved in assisting residents with activities of daily living.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14 - Nursing Homes › Section 19-1411 - Medical Director

(a)    (1)    Each nursing home shall designate a physician to serve as medical director.
(2)    The medical director is responsible for monitoring physician services at the nursing home.
(3)    The medical director shall report monthly to the quality assurance committee on the quality of medical care at the nursing home.
(b)    The Secretary, in consultation with the Medical and Chirurgical Faculty of Maryland, and representatives of the nursing home industry, shall:
(1)    Establish qualifications for the medical director of a nursing home or anyone acting for the medical director in his or her absence;
(2)    Define the duties of the medical director; and
(3)    Adopt regulations for the attending physicians who treat residents of nursing homes that will provide for physician accountability.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14 - Nursing Homes › Section 19-1412 - Technical Assistance Unit; Medical Automated Systems

(a)    The Secretary shall:
(1)    Establish a technical assistance unit within the Department to support compliance efforts and best practices; and
(2)    Establish a list of approved medical automated systems.
(b)    The Secretary may:
(1)    Partially reimburse a nursing home for installation of automated systems that have been approved by the Department;
(2)    Develop guidelines for reimbursement; and
(3)    Adopt regulations for the implementation of this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14 - Nursing Homes › Section 19-1413 - Notice Regarding Closure, Public Funding, Accidents, or Significant Changes

Each nursing home shall:
(1)    Establish a procedure to provide for the smooth and orderly transfer of residents in the event of closure;
(2)    Provide a 30-day notice to residents and their families or guardians prior to closure of the nursing home unless the Department waives the notice requirement;
(3)    Provide a 15-day notice to residents and their families or guardians prior to termination of public funding unless the Department waives the notice requirement; and
(4)    Immediately notify, if known, a resident’s family or guardian of:
(i)    An accident involving the resident which results in injury and has the potential for requiring physician intervention;
(ii)    A significant change in the resident’s physical, mental, or psychosocial status; or
(iii)    A need to alter the resident’s treatment significantly.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14 - Nursing Homes › Section 19-1413.1 - Penalty

(a)    A nursing home that violates § 19-1413(2) of this subtitle is subject to a civil money penalty not exceeding expenses incurred by the Office of Health Care Quality in ensuring a smooth and orderly transition of residents, including payroll expenses.
(b)    If a civil money penalty is imposed on a nursing home under subsection (a) of this section, the nursing home is subject to § 19-1406 of this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14 - Nursing Homes › Section 19-1415 - Notice of Change of Condition of Resident

(a)    In this section, “change in condition” means a significant change in the resident’s physical, mental, or psychological status including:
(1)    Life-threatening conditions such as heart attack or stroke;
(2)    Clinical complications such as:
(i)    Development of a pressure sore;
(ii)    Onset of recurrent periods of delirium;
(iii)    Onset of recurrent urinary tract infection;
(iv)    Onset of depression; or
(v)    Onset of aggressive or inappropriate behavior;
(3)    The need to discontinue a medication or treatment because of:
(i)    Adverse consequences; or
(ii)    The need to begin a new form of treatment;
(4)    Evaluation at or admission to a hospital; and
(5)    Accidents that result in injury having the potential for requiring a physician’s intervention.
(b)    Consistent with State and federal confidentiality laws and in a timely manner, a nursing home shall notify a resident and, if applicable, the resident’s representative or interested family member of any:
(1)    Change in condition;
(2)    Adverse event that may result in a change in condition;
(3)    Outcome or care that results in an unanticipated consequence; or
(4)    Corrective action, if appropriate.
(c)    If the Department determines that a nursing home failed to notify a resident, resident’s representative, or interested family member under subsection (b) of this section, the Department shall require as part of a plan of correction that the nursing home notify the resident, the resident’s representative, or interested family member as soon as possible.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14 - Nursing Homes › Section 19-1416 - Family Councils

(a)    In this section, “family council” means a group of individuals who work together to protect the rights of and improve the quality of life of residents of a nursing home.
(b)    (1)    A family council for a nursing home may consist of the following members:
(i)    Members of a resident’s family; or
(ii)    An individual appointed by the resident, or if the resident is incapable of appointing an individual, an individual appointed by the resident’s family.
(2)    (i)    Subject to subparagraph (ii) of this paragraph, a family council may be created by the owner, operator, or staff of a nursing home.
(ii)    Except as provided in paragraph (3) of this subsection, in order to facilitate the development of a family council, the owner, operator, or staff of a nursing home may lead the family council for no longer than 6 months at which time the family council shall be led by a member of the family council.
(3)    On the written request of a family council, the nursing home may assist the family council in the administrative functions of operating the family council in a mutually agreed upon manner.
(c)    A nursing home shall give each new or prospective resident the following written information about the family council:
(1)    The name, address, and phone number of a current member of the family council;
(2)    A brief description of the purpose and function of the family council;
(3)    Instructions on how the resident or prospective resident may review the public files described in subsection (e) of this section; and
(4)    The name, address, and phone number of the State or local ombudsman.
(d)    A nursing home shall respond in writing to any written grievance or other written communication from the family council within 14 calendar days after receiving a communication.
(e)    (1)    A nursing home shall create and maintain a public correspondence file and a regulatory correspondence file for communications with a family council.
(2)    The correspondence files shall include a copy of each written communication and response described in subsection (d) of this section.
(3)    (i)    The records in the regulatory file shall be unedited.
(ii)    The records in the public file shall delete any information that identifies an individual resident.
(4)    The public file may be reviewed by a resident, prospective resident, or the representative of either a resident or prospective resident during normal business hours and at any other time the nursing home agrees to make the public file available.
(5)    The nursing home shall promptly comply with a request by a licensing authority to review the records in either the public or regulatory files.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14A - Third Party Liability Reviews and Audits of Nursing Homes › Section 19-14A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Final report” means the third party liability audit report issued to a nursing home stating the total amount due to the Department as a result of the completed audit.
(c)    “Nursing home” has the meaning stated in § 19-1401(e) of this title.
(d)    (1)    “Third party” means any individual, entity, or program that is or may be liable to pay all or part of the medical cost of any medical assistance furnished to a recipient under the Medical Assistance Program.
(2)    “Third party” includes private health insurance, employment-related health insurance, medical support from absent parents, automobile insurance, court judgments or settlements from a liability insurer, State workers’ compensation, first party probate-estate recoveries, or any federal programs.
(e)    “Third party liability audit” means a financial review of Medical Assistance payments to a provider to ascertain the legal liability of third parties to pay for care and services available under the Medical Assistance Program.
(f)    “Third party liability review” means a financial review of the credit balances of a nursing home to ascertain the legal liability of third parties to pay for care and services available under the Medical Assistance Program.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14A - Third Party Liability Reviews and Audits of Nursing Homes › Section 19-14A-02 - Report and Audit

(a)    A nursing home that receives payment from the Medical Assistance Program shall provide a report of the credit balances of the nursing home to the Department on a quarterly basis.
(b)    The Department shall conduct a third party liability review of the report of the credit balances provided under subsection (a) of this section.
(c)    The Department may conduct a third party liability audit of a random sample of the reports of credit balances reviewed under subsection (b) of this section.
(d)    (1)    Subject to paragraph (2) of this subsection, the Department may conduct a third party liability audit of a nursing home that is found to be noncompliant as a result of the audit conducted under subsection (c) of this section.
(2)    In conducting the third party liability audit authorized under paragraph (1) of this subsection, the Department may only review the financial information of the nursing home for the 2-year period immediately prior to the date of the audit period in which the nursing home was found to be noncompliant.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14A - Third Party Liability Reviews and Audits of Nursing Homes › Section 19-14A-03 - Appeal

(a)    A nursing home may appeal the results of a final report of a third party liability audit by filing written notice with the Department within 30 days after the nursing home receives the final report from the Department.
(b)    An individual at the Department who did not participate in the final report shall:
(1)    Review the appeal authorized under subsection (a) of this section; and
(2)    Issue a report that either revises or concurs with the final report of the third party liability audit.
(c)    A nursing home may appeal the results of the report issued by the Department under subsection (b) of this section by filing written notice with the Nursing Home Appeal Board within 30 days of receipt of the report.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14C - Maryland State-Owned Nursing Homes › Section 19-14C-01 - Definitions

// EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 29 AND 31 OF 2021 SPECIAL SESSION //
(a)    In this section the following words have the meanings indicated.
(b)    “COVID–19” means, interchangeably and collectively, the coronavirus known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus.
(c)    “COVID–19 test” means an in vitro diagnostic test for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, as described in § 3201 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 14C - Maryland State-Owned Nursing Homes › Section 19-14C-02 - Deficiency Notice or Enforcement Action

// EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 29 AND 31  OF 2021 SPECIAL SESSION //
(a)    For calendar years 2021 and 2022, a nursing home shall adopt and implement a COVID–19 testing plan for residents of the nursing home and staff who provide services to residents of the nursing home.
(b)    The COVID–19 testing plan shall ensure that residents and staff are tested for COVID–19 on a regular basis and at a frequency that is sufficient to prevent the spread of COVID–19 among residents and staff of the nursing home.
(c)    (1)    The Department shall adopt regulations that set standards for a COVID–19 testing plan required under this section.
(2)    The standards set by the Department under this subsection shall:
(i)    Be guided by applicable federal orders and policies; and
(ii)    Include requirements for testing frequency that are reasonably related to the COVID–19 testing positivity rate in the local jurisdiction in which a nursing home is located.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 18 - Assisted Living Programs › Section 19-1801 - "Assisted Living Program" Defined

In this subtitle:
(1)    “Assisted living program” means a residential or facility–based program that provides housing and supportive services, supervision, personalized assistance, health–related services, or a combination thereof that meets the needs of individuals who are unable to perform or who need assistance in performing the activities of daily living or instrumental activities of daily living in a way that promotes optimum dignity and independence for the individuals.
(2)    “Assisted living program” does not include:
(i)    A nursing home, as defined under § 19–1401 of this title;
(ii)    A State facility, as defined under § 10–101 of this article;
(iii)    A program licensed by the Department under Title 7 or Title 10 of this article;
(iv)    A hospice care program regulated by the Department under Subtitle 9 of this title;
(v)    Services provided by family members;
(vi)    Services provided in an individual’s own home; or
(vii)    A program certified by the Department of Human Services under Title 6, Subtitle 5, Part II of the Human Services Article as a certified Adult Residential Environment Program.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 18 - Assisted Living Programs › Section 19-1803 - Continuum of Care; Variety of Services

(a)    The Department shall encourage, but may not require, providers of assisted living program services to offer a continuum of care.
(b)    Providers of assisted living program services may provide services at a variety of levels and in a variety of settings.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 18 - Assisted Living Programs › Section 19-1804 - Duties of Department

The Department shall:
(1)    Serve as the point of entry for persons desiring information on assisted living programs;
(2)    Provide the Department of Aging and other State agencies that routinely receive inquiries from the public about assisted living with information that will enable the agencies to respond to the inquiries accurately and effectively; and
(3)    Delegate various aspects of its responsibilities under this subtitle to monitor and inspect assisted living programs and facilities to the Department of Aging and the Department of Human Services, in accordance with an interagency agreement, for the purpose of ensuring compliance with the regulations adopted by the Department under this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 18 - Assisted Living Programs › Section 19-1804.1 - License

(a)    A person shall be licensed by the Department to conduct, operate, or maintain an assisted living program in the State.
(b)    (1)    A person shall submit an application for licensure to conduct, operate, or maintain an assisted living program to the Secretary on a form developed by the Secretary.
(2)    (i)    The Secretary shall develop the application for licensure required under paragraph (1) of this subsection.
(ii)    The application shall include the name and address of each officer, manager, alternate manager, and delegating nurse or case manager of the assisted living program.
(3)    In addition to the application, an applicant for initial licensure shall submit to the Secretary:
(i)    Information concerning any license or certification held by the applicant under the Health Occupations Article or under this article, including the prior or current operation by the applicant of a health care facility, residential facility, or similar health care program;
(ii)    Information demonstrating the financial and administrative ability of the applicant to operate an assisted living program in compliance with this subtitle;
(iii)    The policies and procedures to be implemented by the assisted living program;
(iv)    Identification of the personnel and relief personnel to be employed by the assisted living program; and
(v)    Any other information that is relevant to the ability of the applicant to care for the residents of the assisted living program.
(c)    (1)    The Secretary shall:
(i)    Review the application and information received under subsection (b) of this section; and
(ii)    Conduct an independent investigation of the assisted living program applying for initial licensure.
(2)    Based on the review and investigation conducted under paragraph (1) of this subsection, the Secretary shall:
(i)    Authorize the unconditional approval of the application;
(ii)    Authorize the conditional approval of the application; or
(iii)    Deny the application.
(d)    The Secretary may issue a probationary license that is valid for a period of time determined by the Secretary in accordance with regulations adopted by the Secretary.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 18 - Assisted Living Programs › Section 19-1805 - Further Duties of Department; Regulations

(a)    The Department shall:
(1)    Define different levels of assisted living according to the level of care provided;
(2)    Require all assisted living programs to be licensed to operate according to the level of the program;
(3)    Develop a waiver process for authorizing an assisted living program to continue to care for an individual whose medical or functional condition has changed since admission to the program to an extent that the level of care required by the individual exceeds the level of care for which the program is licensed;
(4)    Promote affordable and accessible assisted living programs throughout the State;
(5)    Establish and enforce quality standards for assisted living programs;
(6)    Require periodic inspections of assisted living program facilities, including at least an annual unannounced on–site inspection;
(7)    Establish requirements for the qualifications or training or both of assisted living program employees;
(8)    Establish a “resident bill of rights” for residents of assisted living program facilities;
(9)    Define which, if any, assisted living programs may be exempt from the requirements of § 19–311 of this title; and
(10)    For Alzheimer’s special care units:
(i)    Establish the number of dementia–specific training hours to be completed for those staff working in Alzheimer’s special care units;
(ii)    Determine the topic content for dementia–specific training required for those staff working in Alzheimer’s special care units; and
(iii)    Require staff sufficient to meet the needs of residents in Alzheimer’s special care units.
(b)    (1)    The Department, in consultation with representatives of the affected industry and advocates for residents of the facilities and with the approval of the Department of Aging and the Department of Human Services, shall adopt regulations to implement this subtitle.
(2)    The regulations adopted under paragraph (1) of this subsection shall:
(i)    Provide for the licensing of assisted living programs;
(ii)    Require the Department, during a survey or other inspection of an assisted living program, to review the number of waivers granted to the program under subsection (a)(3) of this section and determine whether a change in the program’s licensure status is warranted; and
(iii)    Require an assisted living program facility to post in a conspicuous place visible to actual and potential residents of the facility and other interested parties:
1.    A.    Its statement of deficiencies for the most recent survey;
B.    Any subsequent complaint investigations conducted by federal, State, or local surveyors; and
C.    Any plans of correction in effect with respect to the survey or complaint investigation; or
2.    A notice of the location, within the facility, of the items listed in item 1 of this item.
2023 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.
2023 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, an assisted living manager who is employed by an assisted living program 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 by a program 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)    Is temporarily serving as an assisted living manager under § 9–3A–01 of the Health Occupations Article 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.
(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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 18 - Assisted Living Programs › Section 19-1814 - Assisted Living Programs -- Allegations of Unfair, Abusive or Deceptive Trade Practice Referred to Division of Consumer Protection and Office of Inspector General

The Office of Health Care Quality within the Department shall refer an allegation of an unfair, abusive, or deceptive trade practice by an assisted living program to the Division of Consumer Protection of the Office of the Attorney General and to the Office of the Inspector General within the Department.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 18 - Assisted Living Programs › Section 19-1815 - Adoption and Implementation of Covid-19 Testing Plan for Residents and Staff of Assisted Living Program -- Regular and Frequent Covid-19 Testing -- Regulations. [Abrogated]

// EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 29 AND 31  OF 2021 SPECIAL SESSION //
(a)    (1)    In this section the following words have the meanings indicated.
(2)    “COVID–19” means, interchangeably and collectively, the coronavirus known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus.
(3)    “COVID–19 test” means an in vitro diagnostic test for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, as described in § 3201 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
(b)    For calendar years 2021 and 2022, an assisted living program shall adopt and implement a COVID–19 testing plan for residents of the assisted living program and staff who provide services to residents of the assisted living program.
(c)    The COVID–19 testing plan shall ensure that residents and staff are tested for COVID–19 on a regular basis and at a frequency that is sufficient to prevent the spread of COVID–19 among residents and staff of the assisted living program.
(d)    (1)    The Department shall adopt regulations that set standards for a COVID–19 testing plan required under this section.
(2)    The standards set by the Department under this subsection shall:
(i)    Be guided by applicable federal orders and policies; and
(ii)    Include requirements for testing frequency that are reasonably related to the COVID–19 testing positivity rate in the local jurisdiction in which an assisted living program is located.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks › Section 19-1901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Adult dependent care program” means:
(1)    An adult day care facility regulated under Title 14, Subtitle 2 of this article;
(2)    An assisted living program facility regulated under Subtitle 18 of this title;
(3)    A group home regulated under Title 10, Subtitle 5 or Title 7, Subtitle 6 of this article;
(4)    A home health agency regulated under Subtitle 4 of this title;
(5)    A congregate housing services program regulated under Title 10, Subtitle 2 of the Human Services Article;
(6)    A residential service agency as defined under § 19–4A–01 of this title;
(7)    An alternative living unit as defined under § 7–101 of this article;
(8)    A hospice facility regulated under Subtitle 9 of this title; or
(9)    A related institution regulated under Subtitle 3 of this title.
(c)    “Background check” means a check of court and other records by a private agency.
(d)    “Conviction” means a:
(1)    Plea or verdict of guilty;
(2)    Plea of nolo contendere;
(3)    Disposition of probation before judgment; or
(4)    Disposition of not criminally responsible.
(e)    “Criminal history records check” means a check of criminal history record information, as defined in § 10-201 of the Criminal Procedure Article, by the Department of Public Safety and Correctional Services.
(f)    “Department” means the Department of Public Safety and Correctional Services.
(g)    “Disclosure statement” means a sworn statement or affirmation of the existence of a criminal conviction or pending criminal charges without a final disposition.
(h)    (1)    “Eligible employee” means an individual:
(i)    Who, for compensation, works for an adult dependent care program;
(ii)    Who has routine, direct access to dependent adults in the program; and
(iii)    Who is not licensed or certified under the Health Occupations Article.
(2)    “Eligible employee” does not include an individual delivering or retrieving medical equipment.
(i)    “Printed statement” means a document issued by the Criminal Justice Information System Central Repository in the Department of Public Safety and Correctional Services in response to an application for a criminal history records check.
(j)    “Private agency” means a person that:
(1)    Is licensed as a private detective agency under Title 13, Subtitle 3 of the Business Occupations and Professions Article;
(2)    Maintains an errors and omissions insurance policy in an amount not less than $1,000,000;
(3)    Offers customer assistance in the use of background checks for employment purposes; and
(4)    Is capable of conducting a background check within the State within 2 working days of a request and outside the State within 5 working days of a request.
(k)    “Secretary” means the Secretary of Public Safety and Correctional Services.
2023 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.
2023 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.