reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part VIII - Delinquency Proceedings › Section 10-490 - Priority of Claims

(a)    In this section, “preferred claim” means a claim that is given priority of payment from the general assets of a provider under the laws of the State or the United States.
(b)    (1)    The first $500 of compensation or wages owed to an officer or employee of a provider for services rendered within 3 months before the commencement of a delinquency proceeding against the provider shall be paid before payment of any other debt or claim.
(2)    Subject to paragraph (3) of this subsection, the Secretary may pay the compensation required to be paid under this subsection as soon as practicable after commencement of the delinquency proceeding.
(3)    At all times, the Secretary shall reserve funds that the Secretary believes are sufficient for expenses of administration.
(4)    The priority required under this subsection is instead of any other similar priority that may be authorized by law as to wages or compensation.
(c)    Priority over all other claims in a liquidation proceeding, other than claims for wages specified in subsection (b) of this section, expenses of administration, and taxes, shall be given to claims by subscribers that arise from continuing care agreements with the provider, including claims to the statutory refund required by § 10-448 of this subtitle.
(d)    (1)    The owner of a secured claim against a provider for which a receiver has been appointed in this State or another state may:
(i)    surrender the security and file the claim as a general creditor; or
(ii)    have the claim discharged by resort to the security.
(2)    If the owner of a secured claim has the claim discharged by resort to the security, any deficiency shall be treated as a claim against the general assets of the provider on the same basis as the claims of unsecured creditors.
(3)    The amount of a deficiency is conclusive if adjudicated by a court of competent jurisdiction in a proceeding in which the receiver has been given notice and an opportunity to be heard.
(4)    If the amount of a deficiency is not conclusive, the amount shall be determined in a delinquency proceeding in the State.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part VIII - Delinquency Proceedings › Section 10-491 - Disposition of Claims

(a)    (1)    Subject to paragraph (2) of this subsection, contingent and unliquidated claims may not share in a distribution of the assets of a provider that has been adjudicated to be an impaired provider by an order issued under this subtitle.
(2)    If properly presented, a contingent and unliquidated claim shall be considered and may be allowed to share if:
(i)    the claim becomes absolute against the provider on or before the last day for filing claims against the assets of the provider; or
(ii)    there is a surplus and the liquidation is subsequently conducted on the basis that the provider is solvent.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a claim of a person that has a secured claim may not be allowed at a sum greater than the difference between:
(i)    the value of the claim without security; and
(ii)    the value of the security itself on:
1.    the date of issuance of the liquidation order; or
2.    another date set by the court for determining rights and liabilities as provided in subsection (c) of this section.
(2)    If the claimant surrenders the security to the Secretary, the claim shall be allowed in the full amount for which it is valued.
(c)    Subject to the provisions of this subtitle on the rights of claimants holding contingent claims, and unless otherwise directed by the court, the rights and liabilities of a provider and creditors, stockholders, members, subscribers, and other persons interested in the estate of the provider are fixed on the date on which the order that directs the liquidation of the provider is filed in the office of the clerk of the court that issued the order.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part VIII - Delinquency Proceedings › Section 10-492 - Offsets

(a)    Except as provided in subsection (b) of this section, in all cases of mutual debts and credits between a provider and another person in connection with a delinquency proceeding, the debts and credits shall be offset and the balance only shall be allowed or paid.
(b)    An offset may not be allowed in favor of another person if:
(1)    on the date of issuance of a liquidation order or otherwise, as specified in § 10-491(c) of this subtitle, the obligation of the provider to the person would not entitle the person to share as a claimant in the assets of the provider; or
(2)    the obligation of the provider to the person was purchased by or transferred to the person for use as an offset.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part VIII - Delinquency Proceedings › Section 10-493 - Bankruptcy or Receivership

If a provider is the subject of a bankruptcy or receivership action, the claims of subscribers shall be administered in accordance with § 10-490(c) of this subtitle for the purpose of any legal action in conjunction with the bankruptcy or receivership.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part IX - Prohibited Acts; Penalties; Remedies › Section 10-496 - Prohibited Acts; Penalties

(a)    A person may not maintain or operate a facility offering continuing care without having obtained an initial or renewal certificate of registration.
(b)    A person may not disseminate prohibited advertising or promotional materials.
(c)    A person may not provide false registration information to the Department.
(d)    (1)    A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
(2)    Each violation of this subtitle constitutes a separate offense.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part IX - Prohibited Acts; Penalties; Remedies › Section 10-498 - Actions for Equitable Relief or Damages

(a)    (1)    Any subscriber injured by a violation of this subtitle may bring an action for equitable relief or an action for damages in any court of general jurisdiction.
(2)    In an action described in paragraph (1) of this subsection, the court may award reasonable attorney’s fees to a subscriber in whose favor a judgment is entered.
(b)    The Department may bring an action for an appropriate temporary restraining order or injunction for a violation of this subtitle.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 4 - Continuing Care › Part IX - Prohibited Acts; Penalties; Remedies › Section 10-499 - Receivership

(a)    The Department may use the receivership provisions of Part VIII of this subtitle to protect the interests of subscribers in:
(1)    the substantial advance payments subscribers have made in the form of entrance fees and, when applicable, periodic fees, for future continuing care without necessarily having any ownership in or control of the provider or the facility;
(2)    the insurance aspects of continuing care agreements, as applicable; and
(3)    the continued delivery of services committed to under continuing care agreements.
(b)    The Department may petition for the appointment of a receiver:
(1)    if there is a threat of immediate closure of a facility;
(2)    if the provider is not honoring its contracts with its subscribers;
(3)    to prohibit the improper diversion of the provider’s assets and records from the facility or the State; or
(4)    if the Department has made a determination of a significant risk of financial failure in accordance with §§ 10-467 and 10-469 of this subtitle.
(c)    The Department may petition for the appointment of a receiver before the provider files a plan of correction.
(d)    The receiver may rehabilitate, conserve, or liquidate as provided by the order of appointment and Part VIII of this subtitle.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part I - Capital Improvement Grants Program › Section 10-501 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “Capital equipment” means essential fixed equipment and furnishings with an expected useful life of at least 15 years.
(c)    (1)    “Cost” means all expenses incident to a project.
(2)    “Cost” includes:
(i)    the cost to acquire any interest in real or personal property in connection with a project;
(ii)    the cost of financial, technical, professional, engineering, and legal services in connection with a project whether the expenses are incurred before or after any bond, note, or other evidence of indebtedness or obligation is issued by the State to finance the project;
(iii)    the cost of development of a senior citizen activities center master plan; and
(iv)    the cost of plans, specifications, surveys, estimates of costs and revenues, feasibility or practicability reports, machinery, equipment, and administrative expenses, and other expenses that are necessary and incident to the financing authorized for the project.
(d)    “Grant” means a grant from the State under the Program.
(e)    “Improvement” means construction, replacement, extension, or betterment of a senior citizen activities center or real property.
(f)    “Master plan” means a comprehensive plan for a local government’s projected need for funds for senior citizen activities centers over 15 years.
(g)    “Program” means the Senior Citizen Activities Centers Capital Improvement Grants Program.
(h)    “Project” means a capital construction, expansion, renovation, or replacement project for a proposed or existing senior citizen activities center that:
(1)    receives or has received a grant for work that is eligible under this part;
(2)    is operated under the authority of a unit of local government; and
(3)    is:
(i)    wholly owned by the unit of local government; or
(ii)    leased by a unit of local government if:
1.    the lease is for a minimum term of 15 years after completion of the project or gives the lessee the right of purchase; and
2.    the lessor consents to the recording of a notice of the right of recovery under § 10–506 of this subtitle in the land records of the county in which the facility is located.
(i)    “Senior citizen activities center” means a community or neighborhood facility in which a broad spectrum of services are organized and provided to individuals at least 60 years old or their spouses, including health, social, nutritional, educational, and recreational services.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part I - Capital Improvement Grants Program › Section 10-502 - Grants

(a)    A unit of local government may apply to the Secretary for a grant for the cost of:
(1)    planning, design, construction, acquisition, conversion, renovation, or improvement of a senior citizen activities center;
(2)    developing a master plan;
(3)    purchasing capital equipment for a project;
(4)    leasing a senior citizen activities center as a lessee or lessor; or
(5)    making a subgrant to a nonprofit organization for a purpose described in item (1), (2), (3), or (4) of this subsection.
(b)    If the Secretary approves an application for a grant, the Secretary shall file with the Board of Public Works a report describing the scope of the project and a recommendation that the Board make the requested funds available.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part I - Capital Improvement Grants Program › Section 10-504 - Terms and Conditions; Amount

(a)    (1)    Any federal grant that is received for a project shall be applied first to the cost of the project.
(2)    Except as provided in subsection (b) of this section, a State grant for a project may not exceed the lesser of $800,000 or 50% of the cost of eligible work remaining unpaid after any federal grant is applied.
(3)    A State grant to develop a master plan may not exceed the lesser of $15,000 or 50% of the cost of development of the plan.
(b)    The Board of Public Works may authorize a grant for a project that exceeds 50% of the cost of eligible work remaining unpaid after any federal grant is applied, if:
(1)    the project involves the conversion, acquisition, renovation, construction, or improvement of a building for use as a senior citizen activities center;
(2)    the value of real property and existing improvements made available by the local government equals or exceeds the amount of the State grant; and
(3)    the residual value of the real property and existing improvements made available by the local government exceeds the sum of:
(i)    any prior amounts used for matching funds under this Program;
(ii)    any outstanding State debt relating to the property from another program;
(iii)    any prior grant under this Program; and
(iv)    any other tangible State investment in the property.
(c)    The amount of a State grant for a project shall be determined after consideration of:
(1)    the density of the senior population in the area affected by the project;
(2)    the proximity of the proposed center to an existing senior citizen activities center; and
(3)    other localities eligible for State funding that have not received previous funding under the Program or similar programs.
(d)    A grantee who received funds for a project under this subtitle or a prior act authorizing grants for senior citizen activities centers may receive additional grants for the project, but only in an amount that does not exceed the difference between the sum of any prior grants and the maximum funding allowable for the project.
(e)    A grantee who received funds for a project under this subtitle for a project at a senior citizen activities center may request an additional grant for a different project at the same senior citizen activities center, if the sum of grants made for any single senior citizen activities center does not exceed $800,000 in any 15–year period.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part I - Capital Improvement Grants Program › Section 10-506 - Recordation; Notice

(a)    Before State funds are paid under this Program, the grantee shall:
(1)    record the notice of the State’s right to recovery in the land records of the county in which the senior citizen activities center is or will be located; and
(2)    provide evidence of the recordation to the Department.
(b)    The recordation constitutes notice to any potential transferee, potential creditor, or other interested party of the possibility that the State may obtain a lien under this part, but the act of recordation does not create a lien against the property.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part I - Capital Improvement Grants Program › Section 10-507 - Recovery of State Grant Funds

(a)    The State may recover State grant funds if, within 15 years after completion of a project:
(1)    the property, with respect to which funds have been paid under this subtitle, ceases to be operated as a senior citizen activities center; or
(2)    an interest in property for which funds have been paid under the Program is assigned, transferred, or conveyed:
(i)    without approval by the Board of Public Works; or
(ii)    for use other than as a senior citizen activities center.
(b)    The State is entitled to recover the sum of:
(1)    an amount that equals the value of the property, with respect to which funds have been paid under this subtitle, at the time of the recovery multiplied by a fraction:
(i)    the numerator of which is the amount of the State funds for the project; and
(ii)    the denominator of which is the total cost of all eligible work for the project; and
(2)    costs, including reasonable attorney’s fees that the State incurs in recovery proceedings.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part I - Capital Improvement Grants Program › Section 10-508 - Procedure for Recovery; Temporary Lien

(a)    (1)    If a default described in § 10–507(a) of this subtitle is alleged, the Secretary of the Board of Public Works may file a civil action under this part in the circuit court of the county in which the property is located against the owner of the property and any other interested parties, including any transferor that the State wishes to make a party.
(2)    The initial filing shall include sworn affidavits stating facts on which the allegations of default are based and a detailed justification of the amount claimed.
(b)    (1)    If the court determines from the State’s initial filing that there is probable cause to believe that a default described in § 10–507(a) of this subtitle has occurred, the court shall authorize a temporary lien on the property pending full determination of the State’s claim.
(2)    The temporary lien shall be in the amount of the State’s claim, plus any additional amount estimated to be necessary to cover the costs and reasonable attorney’s fees incurred by the State, or another amount that the court determines is reasonable.
(c)    (1)    The temporary lien takes effect:
(i)    on the date of the court order authorizing the lien if, within 10 days, the Secretary of the Board of Public Works records a notice of temporary lien in the land records of the county in which the property is located; or
(ii)    if the Secretary fails to record the notice within 10 days, on the date the notice of temporary lien is recorded.
(2)    While the temporary lien is in effect, the owner or any person who acquired an interest in the property after the State first made funds available under the Program may not take an action that would affect the title to the property or institute proceedings to enforce a security interest or other similar rights in the property, without the prior written consent of the State.
(d)    (1)    The owner or any other interested party may obtain a release of the temporary lien at any time by filing with the court a bond securing the payment in full of the amount described in subsection (b)(2) of this section.
(2)    The owner or other interested party may cause the release to be recorded in the land records of the county in which the property is located.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part I - Capital Improvement Grants Program › Section 10-509 - Priority of Proceedings; Final Judgment; Lien

(a)    Proceedings to determine the State’s right to recover and the amount of its recovery under the Program have priority over other civil proceedings in the circuit court.
(b)    (1)    After a full adversary proceeding, if the court finds that a default described in § 10–507(a) of this subtitle has occurred, the court shall issue a final judgment for the amount the court finds to be recoverable by the State.
(2)    All parties involved in the default, including the owner of the property, shall be held jointly and severally liable to the State for the amount of the judgment.
(3)    If the court finds that a default described in § 10–507(a) of this subtitle has not occurred or if the court’s judgment is paid in full to the State within 30 days after the court’s final order, any temporary lien shall be released immediately and the Secretary of the Board of Public Works shall cause the release to be recorded in the land records of the county in which the property is located.
(4)    (i)    If the judgment remains unpaid for more than 30 days after the court’s final order, the amount shall be a lien on the property.
(ii)    Unless the State provides otherwise in a written subordination agreement, the lien is superior to a lien or other interest of any mortgagee, pledgee, purchaser, or judgment creditor whose interest became perfected against third persons after the State awarded a grant.
(c)    (1)    A lien issued under this section takes effect on the later of:
(i)    the 31st day after the court’s final order if the Secretary of the Board of Public Works records a notice of lien in the land records of the county in which the property is located on or before that day; or
(ii)    the date a notice of lien is recorded.
(2)    (i)    When the lien takes effect, any temporary lien is automatically and fully released.
(ii)    The recorded notice of the lien constitutes notice of the release of the temporary lien.
(d)    A lien issued under this part may be enforced and foreclosed in accordance with the Maryland Rules, except that the State or any agent appointed by the State to sell the property need not file a bond.
(e)    (1)    The owner or any other interested party may obtain release of a lien issued under this part by paying to the State the full amount of the judgment entered by the circuit court, and any interest that has accrued from the date of judgment.
(2)    On payment in full, the Secretary of the Board of Public Works shall cause a release to be recorded in the land records of the county in which the property is located.
(f)    Funds recovered under this section shall be deposited in the Annuity Bond Fund and applied to the debt service requirements of the State.
(g)    The Board of Public Works may waive the State’s right of recovery if the Board determines that there is good cause for releasing the transferor, transferee, or owner from this obligation.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part II - Senior Citizen Activities Center Operating Fund › Section 10-513 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “Fund” means the Senior Citizen Activities Center Operating Fund.
(c)    “Senior citizen activities center” means a community or neighborhood facility in which a broad spectrum of services are organized and provided to seniors and their spouses, including health, social, nutritional, educational, and recreational services.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part II - Senior Citizen Activities Center Operating Fund › Section 10-514 - Established; Uses

(a)    There is a Senior Citizen Activities Center Operating Fund.
(b)    The Fund shall be used to supplement, but may not be used to supplant, any existing funding for senior citizen activities centers in the State budget.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 5 - Senior Citizen Activities Centers › Part II - Senior Citizen Activities Center Operating Fund › Section 10-516 - Management

(a)    In this section, “distressed county” means:
(1)    Baltimore City; and
(2)    a county:
(i)    with an average rate of unemployment for the most recent 24–month period for which data are available that exceeds:
1.    150% of the average rate of unemployment for the State during that period; or
2.    the average rate of unemployment for the State during that period by at least 2 percentage points;
(ii)    with an average per capita personal income for the most recent 24–month period for which data are available that is equal to or less than 67% of the average per capita personal income for the State during that period; or
(iii)    that no longer meets either criterion stated in item (i) or (ii) of this item but has met at least one of the criteria at some time during the preceding 24–month period.
(b)    The Fund is a continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(c)    (1)    The Fund consists of appropriations that are made to the Fund from the State budget.
(2)    (i)    For each fiscal year, the Governor shall include in the annual State budget an appropriation of $750,000 for the Fund.
(ii)    In addition to the funds provided under subparagraph (i) of this paragraph, the Governor shall provide sufficient funds to ensure that each county receives at least $5,000 under subsection (d)(2) of this section.
(d)    (1)    $100,000 of the Fund shall be distributed to counties for senior citizen activities centers based on a competitive grant process administered by the Department.
(2)    (i)    $400,000 of the Fund shall be distributed to counties based on each county’s proportional share of the statewide population of senior citizens.
(ii)    A county shall receive at least $5,000 under this paragraph.
(3)    At least $250,000 of the Fund shall be distributed for senior citizen activities centers to distressed counties as follows:
(i)    $150,000 shall be divided evenly; and
(ii)    $100,000 shall be divided proportionately by each county’s share of the total population of senior citizens in distressed counties.
(e)    The Fund shall be invested and reinvested in the same manner as other State funds.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 6 - Innovations in Aging Services Program › Section 10-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commission” means the Commission on Aging established under § 10–208 of this title.
(c)    “Program” means the Innovations in Aging Services Program.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 6 - Innovations in Aging Services Program › Section 10-602 - Established; Purposes

(a)    There is an Innovations in Aging Services Program in the Department.
(b)    The purposes of the Program are to:
(1)    provide competitive funding grants to design and test innovative ideas in programs and services for seniors;
(2)    publicly disseminate the results of the tests; and
(3)    help meet the need for personnel trained to provide services to seniors in the State.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 6 - Innovations in Aging Services Program › Section 10-603 - Funding

(a)    (1)    With the advice of the Commission, the Secretary shall:
(i)    develop annually a Program plan; and
(ii)    submit the plan to the Governor and General Assembly for approval as part of the annual State budget.
(2)    The plan shall set forth priorities for:
(i)    funding grants for innovative services to seniors; and
(ii)    training personnel who provide services to seniors in the State.
(3)    The plan shall include provisions for:
(i)    funding grants that are sought by Communities for a Lifetime to the extent practicable; and
(ii)    evaluating any program funded under the plan.
(b)    The Secretary may accept money from any public or private source to fund grants awarded under this subtitle.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 6 - Innovations in Aging Services Program › Section 10-604 - Grants

(a)    The Secretary shall solicit grant proposals to implement the Program priorities approved by the Governor and the General Assembly under § 10–603(a) of this subtitle.
(b)    With the advice of the Commission, the Secretary shall award grants funded in accordance with the approved Program priorities.
(c)    The Secretary shall provide for the evaluation, by recognized authorities in the field of services to seniors, of the programs funded by the grants.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 7 - Family Caregiver Assistance Program › Section 10-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Adult dependent” means an individual who is:
(1)    at least 18 years old;
(2)    an individual with long–term care needs; and
(3)    the spouse, parent, stepparent, grandparent, child, stepchild, sibling, aunt, uncle, son–in–law, daughter–in–law, mother–in–law, or father–in–law of a family caregiver.
(c)    “Family caregiver” means an individual who cares for an adult dependent.
(d)    “Individual with long–term care needs” means an individual who:
(1)    is unable to perform at least three activities of daily living without substantial assistance from another individual; or
(2)    (i)    is unable to perform at least one activity of daily living without substantial assistance from another individual; and
(ii)    requires substantial supervision to protect the individual from threats to the individual’s health and safety due to severe cognitive impairment.
(e)    “Program” means the Family Caregiver Assistance Program.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 7 - Family Caregiver Assistance Program › Section 10-704 - Grants

(a)    A family caregiver is eligible for a grant from the Program if:
(1)    the family caregiver resides with an adult dependent;
(2)    the adult dependent has been certified by a licensed physician in the State as an individual with long–term care needs for at least 180 consecutive days during the year; and
(3)    the family caregiver’s household income is 200% or less of the State median income, as adjusted for family size, in accordance with regulations adopted by the Secretary.
(b)    The Program may provide eligible family caregivers with a grant of up to $500 per household per year.
(c)    A grant may be used to fund goods and services required to provide care for an adult dependent including:
(1)    durable medical equipment;
(2)    medical bills;
(3)    medical supplies;
(4)    prescription or over–the–counter medications;
(5)    repairs or modifications to the home; and
(6)    respite care for the family caregiver.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 7 - Family Caregiver Assistance Program › Section 10-705 - Duties of Secretary

The Secretary shall:
(1)    adopt regulations to implement the Program;
(2)    work in cooperation with the Department of Disabilities, the Maryland Department of Health, and the Maryland Commission on Caregiving to promote the Program to family caregivers throughout the State; and
(3)    report annually to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly on:
(i)    the number of grant requests received;
(ii)    the value of grants provided to family caregivers;
(iii)    the purposes for which the grants were provided; and
(iv)    the number of grant requests that the Program was unable to fund and the reason why those requests were not funded.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 7 - Family Caregiver Assistance Program › Section 10-706 - Allocation of Funds

The regulations required to be adopted under § 10–705 of this subtitle shall:
(1)    ensure that the total amount of funding available for grants under the Program is allocated among all counties based on each county’s proportion of the total State adult population; and
(2)    provide that if a county is unable to use its allocation, any unspent funds shall revert to the Program and be redistributed among all counties.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 8 - Maryland Communities for a Lifetime Program › Section 10-801 - Purpose

The purpose of this subtitle is to:
(1)    establish a comprehensive, strategic State plan to address the aging–in–place preference of current and future seniors;
(2)    provide available resources to local communities to enhance aging–in–place services and facilitate the independence of older adults; and
(3)    promote a State aging–in–place program that overcomes barriers in housing, transportation, health care, employment, and social and civic engagement.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 8 - Maryland Communities for a Lifetime Program › Section 10-804 - Certification of Communities

(a)    A county or municipal corporation may establish a process to certify communities as Communities for a Lifetime under the Maryland Communities for a Lifetime Program.
(b)    The Department shall recommend criteria that local jurisdictions may use to certify Communities for a Lifetime, including:
(1)    the extent to which a community has sought and plans to expand public health, prevention, and wellness programs that serve older adults;
(2)    the extent to which a community has sought and plans to expand affordable transportation options;
(3)    the extent to which a community has sought and plans to expand affordable rental housing and the ability to own affordable homes;
(4)    the extent to which a community has sought and plans to expand employment, civic engagement, recreation, and leisure options for older adults; and
(5)    the extent to which a community has sought and plans to expand other initiatives that boost the abilities of older adults to age in place.
(c)    A Community for a Lifetime shall submit to the Department on or before September 1 each year a progress report on the community’s efforts to enable aging in place and a report on the community’s plans to enable aging in place in the future.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Local long–term care ombudsman entity” means an entity designated by the State Long–Term Care Ombudsman to assist in carrying out the duties of the Program.
(c)    “Long–term care facility” means:
(1)    a nursing facility, as defined in § 19–301 of the Health – General Article; or
(2)    an assisted living program, as defined in § 19–1801 of the Health – General Article.
(d)    “Office” means the Office of the Long–Term Care Ombudsman established under this subtitle.
(e)    “Ombudsman” means:
(1)    the State Long–Term Care Ombudsman; and
(2)    any individual, whether a paid employee or a volunteer, who is designated by the State Long–Term Care Ombudsman as an ombudsman.
(f)    “Program” means the Long–Term Care Ombudsman Program established under this subtitle.
(g)    “Resident” means a resident of a long–term care facility located in the State.
(h)    “State Long–Term Care Ombudsman” means the individual selected by the Secretary under § 10–903 of this subtitle.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-902 - Long-Term Care Ombudsman Program Established

(a)    There is a Long–Term Care Ombudsman Program in the Department.
(b)    The purpose of the Program is to fulfill the requirements of:
(1)    the Program under this subtitle; and
(2)    the federal Older Americans Act, including the requirements of 42 U.S.C. § 3058g.
(c)    (1)    The Secretary, in consultation with the State Long–Term Care Ombudsman, shall adopt regulations necessary to carry out this subtitle.
(2)    The regulations adopted under paragraph (1) of this subsection shall establish:
(i)    the requirements for an annual review by the Department of all ombudsman activities; and
(ii)    the process for assisting individuals with organizing and operating a resident council and a family council in a long–term care facility.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-903 - Office of Long-Term Care Ombudsman

(a)    There is an Office of the Long–Term Care Ombudsman in the Department.
(b)    (1)    Unless the Secretary is subject to a conflict of interest that cannot be removed, the Secretary shall select a State Long–Term Care Ombudsman.
(2)    If the Secretary is subject to a conflict of interest that cannot be removed, the Secretary shall designate another individual, who is not subject to a conflict of interest, to select the State Long–Term Care Ombudsman.
(c)    The State Long–Term Care Ombudsman:
(1)    shall personally administer the Office;
(2)    shall have expertise and experience in the field of long–term care advocacy;
(3)    may not have any conflict of interest with the position; and
(4)    shall, on a full–time basis, perform duties related to the Program.
(d)    The State Long–Term Care Ombudsman shall personally or through designated ombudsmen:
(1)    identify, investigate, and resolve complaints from any source made by, or on behalf of, a resident relating to any action, inaction, or decision, that may adversely affect the health, safety, welfare, or rights of a resident including the welfare and rights of residents with respect to the appointment and activities of guardians and representative payees, of:
(i)    a provider, or a representative of a provider, of long–term care services;
(ii)    a public agency; or
(iii)    a health or social service agency;
(2)    represent the interests of residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of residents;
(3)    provide information as appropriate to other agencies and the public regarding the problems and concerns of residents;
(4)    inform residents, family members, and others acting on behalf of residents about how to access the assistance and services of the Office and the services and assistance of other providers or agencies, including legal services;
(5)    ensure regular and timely access to and response from the Office;
(6)    comment on, facilitate public comment on, and recommend changes to existing or proposed laws, rules, regulations, and other governmental policies and actions that affect the health, safety, welfare, and rights of residents;
(7)    provide technical support for the development of resident and family councils to protect the well–being and rights of residents;
(8)    provide for the education and training of ombudsmen;
(9)    educate facilities, agencies, and staff members concerning the rights and welfare of residents;
(10)    promote the development of citizen organizations to advocate for the well–being and rights of residents;
(11)    provide services to assist residents in protecting the health, safety, welfare, and rights of residents; and
(12)    carry out any other activities that the Secretary determines to be appropriate or that are required by the federal Older Americans Act.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-904 - Qualifications

(a)    Entities eligible to be designated as local long–term care ombudsman entities shall:
(1)    have demonstrated capability to carry out the responsibilities of the Office;
(2)    be public or nonprofit entities;
(3)    be free of conflicts of interest; and
(4)    meet any additional requirements that the Secretary and the State Long–Term Care Ombudsman specify.
(b)    (1)    The Secretary, in consultation with the State Long–Term Care Ombudsman and area agencies on aging, shall adopt regulations to establish requirements for training and designating ombudsmen, including in–service training.
(2)    The regulations shall prohibit the State Long–Term Care Ombudsman from designating an individual as an ombudsman unless the individual has successfully completed the required training and satisfied the requirements for designation.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-905 - Powers

In accordance with requirements of the federal Older Americans Act, an ombudsman shall have access to:
(1)    long–term care facilities and residents;
(2)    the medical and social records of a resident, if:
(i)    the ombudsman has the permission of the resident or the legal representative of the resident; or
(ii)    the resident is unable to consent and has no legal representative;
(3)    the records that are necessary to investigate a complaint if:
(i)    a legal guardian of the resident refuses to give permission to access the records;
(ii)    the ombudsman has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and
(iii)    the ombudsman obtains the approval of the State Long–Term Care Ombudsman;
(4)    the administrative records, policies, and documents of long–term care facilities to which the residents or members of the general public have access; and
(5)    copies of all licensing and certification records maintained by the Maryland Department of Health or any other State unit with respect to long–term care facilities.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-906 - Regulations Related to Conflicts of Interest and Confidentiality

(a)    The Secretary, in consultation with the State Long–Term Care Ombudsman and area agencies on aging, shall adopt regulations to govern conflicts of interest to ensure that:
(1)    no individual, or member of the immediate family of an individual, involved in the designation of the State Long–Term Care Ombudsman or a local long–term care ombudsman entity, is subject to a conflict of interest; and
(2)    no ombudsman or immediate family member of an ombudsman is subject to a conflict of interest.
(b)    The Secretary, in consultation with the State Long–Term Care Ombudsman and area agencies on aging, shall adopt regulations governing the confidentiality of information and documents, including resident records, facility records, and complainant identification.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-907 - Coordination of Services

The Secretary shall require the State Long–Term Care Ombudsman to coordinate ombudsman services with:
(1)    the Maryland Department of Health;
(2)    the Department of Human Services;
(3)    protection and advocacy systems for individuals with developmental disabilities and mental illnesses; and
(4)    legal assistance.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-908 - Statewide Uniform Reporting System for the Program

The Secretary shall establish and maintain a statewide uniform reporting system for the Program to collect and analyze data relating to complaints and conditions in long–term facilities and to residents for the purpose of identifying and resolving significant problems.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-909 - Annual Reports

The State Long–Term Care Ombudsman shall submit an annual report to the Governor and the General Assembly, in accordance with § 2–1257 of the State Government Article, on the activities of the Program that includes recommendations of the State Long–Term Care Ombudsman for improving services for residents.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 9 - Long-Term Care Ombudsman Program › Section 10-910 - Violations; Penalties

(a)    In accordance with 42 U.S.C. § 3058g(j)(1), a person may not willfully interfere with an ombudsman’s performance of an official duty.
(b)    A person may not retaliate or make reprisals with respect to any person who filed a complaint with, or provided information to, an ombudsman.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,500.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 10 - Aging and Disability Resource Center Program › Section 10-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Aging and Disability Resource Center” has the meaning stated in 42 U.S.C. § 3002(4).
(c)    “Long–term services and supports” means the broad range of assistance needed by  older adults and individuals with disabilities.
(d)    “Options counseling” means an interactive process that:
(1)    considers an individual’s needs, preferences, values, and circumstances;
(2)    assists and supports the individual and others the individual requests to participate in the process;
(3)    determines the individual’s goals for independent living; and
(4)    develops an appropriate long–term services and supports plan to achieve those goals.
(e)    “Program” means the Aging and Disability Resource Center Program established under this subtitle.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 10 - Aging and Disability Resource Center Program › Section 10-1002 - Maryland Access Point

(a)    There is an Aging and Disability Resource Center Program, known as “Maryland Access Point”, in the Department.
(b)    The Program is the State’s Aging and Disability Resource Center for purposes of the federal Older Americans Act Amendments of 2006.
(c)    The purpose of the Program is to provide a coordinated system of information and access for individuals seeking long–term services and supports, including in–home, community–based, and institutional services.
(d)    The Department shall administer, supervise, and coordinate the Program with the cooperation of the Department of Disabilities, the Department of Human Services, the Governor’s Office of the Deaf and Hard of Hearing, and the Maryland Department of Health.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 10 - Aging and Disability Resource Center Program › Section 10-1004 - Types of Assistance to Be Provided

The Program shall, using its available resources, provide:
(1)    options counseling;
(2)    assistance concerning aging and disability issues and long–term services and supports planning;
(3)    written materials regarding the availability of Program services;
(4)    a public database, which can be accessed and searched on the Internet, of resources and services that could be useful to:
(i)    individuals who may need long–term services and supports;
(ii)    caregivers of individuals who need long–term services and supports; and
(iii)    individuals involved in long–term services and supports planning; and
(5)    other related services necessary for the Program’s success.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 11 - Healthy Aging Program › Section 10-1101 - Healthy Aging Program

(a)    There is a Healthy Aging Program in the Department.
(b)    The purposes of the Program are to:
(1)    promote healthy aging and healthy living by older adults at both the State and local levels;
(2)    encourage aging safely at home and in the community;
(3)    raise public awareness about the importance of healthy aging and aging safely for both individuals and the public at large;
(4)    evaluate the need for improving the quality and accessibility of existing healthy aging opportunities and services;
(5)    improve the quality of life and contain health care costs of older adults;
(6)    provide competitive funding grants to design and test programs and services that help older adults achieve healthy and safe aging and healthy living; and
(7)    publicly disseminate the outcomes of the grants awarded under the Program.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 11 - Healthy Aging Program › Section 10-1102 - Funding; Regulations

(a)    Funding for the Healthy Aging Program shall be as provided in the State budget.
(b)    The Secretary may accept money provided by other public and private sources, including federal funds, to provide grants under the Program.
(c)    The Secretary may adopt regulations to implement the Program.