LAW-Maryland SB 471

19-1801.

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 Section 19-301 of this title;

(ii) A State facility, as defined under Section 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 Resources under Title 6, Subtitle 5, Part II of the Human Services Article as a certified Adult Residential Environment Program.

19-1805.

(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 INCLUDING THAT ASSISTED LIVING MANAGERS BE CERTIFIED UNDER TITLE 9, SUBTITLE 3A OF THE HEALTH OCCUPATIONS ARTICLE;

(8) Establish a “resident bill of rights” for residents of assisted living program facilities; and

(9) Define which, if any, assisted living programs may be exempt from the requirements of Section 19-311 of this title.

19-1807.

(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.

9-101.

(a) In this title the following words have the meanings indicated.

(B) “ASSISTED LIVING MANAGER” MEANS AN INDIVIDUAL EMPLOYED TO OVERSEE THE DAY-TO-DAY OPERATION OF AN ASSISTED LIVING PROGRAM LICENSED IN ACCORDANCE WITH TITLE 19, SUBTITLE 18 OF THE HEALTH – GENERAL ARTICLE.

(C) “ASSISTED LIVING PROGRAM” HAS THE MEANING STATED IN Section 19-1801 OF THE HEALTH-GENERAL ARTICLE.

(b) (D) “Board” means the State Board of Examiners of Nursing Home Administrators AND ASSISTED LIVING MANAGERS.

(E) “CERTIFICATE” MEANS, UNLESS THE CONTEXT REQUIRES OTHERWISE, A CERTIFICATE ISSUED BY THE BOARD TO PRACTICE AS AN ASSISTED LIVING MANAGER.

(F) “CERTIFIED ASSISTED LIVING MANAGER” MEANS, UNLESS THE CONTEXT REQUIRES OTHERWISE, AN INDIVIDUAL WHO IS CERTIFIED BY THE BOARD TO PRACTICE AS AN ASSISTED LIVING MANAGER.

(c) (G) “License” means, unless the context requires otherwise, a license issued by the Board to practice as a nursing home administrator.

(d) (H) “Licensed nursing home administrator” means, unless the context requires otherwise, an individual who is licensed by the Board to practice as a nursing home administrator.

(e) (I) “Nursing home” means an institution or part of an institution that:

(1) Is a “skilled nursing facility” or an “intermediate care facility” as those terms are defined by federal law and participates in a program under Title XVIII or Title XIX of the Social Security Act; or

(2) If it is licensed only by this State, otherwise meets the federal requirements for a “skilled nursing facility” or an “intermediate care facility” as those terms are defined by federal law.

(f) (J) “Nursing home administrator” means an individual who administers, manages, or is in general administrative charge of a nursing home whether or not the individual:

(1) Has an ownership interest in the nursing home; or