Maryland 2023 Regular Session

Maryland Senate Bill SB665

Introduced
2/6/23  
Refer
2/6/23  
Report Pass
3/17/23  
Engrossed
3/20/23  
Refer
3/20/23  
Report Pass
3/31/23  
Enrolled
4/6/23  
Chaptered
4/11/23  

Caption

Assisted Living Programs - Unlicensed Programs - Resident Abuse, Exploitation, and Neglect (The Senator Delores Kelley Residents of Unlicensed Programs Protection Act)

Impact

The implications of SB665 are significant, as it modifies existing health and safety statutes governing assisted living facilities in Maryland. By imposing criminal penalties for operating without a proper license, the bill establishes clear guidelines for enforcement and accountability within the sector. The legislation enhances the State's capacity to respond to instances of resident mistreatment, aiming to deter potential violations through a strong regulatory framework. Furthermore, it allows state entities to pursue injunctive relief against unlicensed programs, thereby bolstering overall oversight and compliance.

Summary

Senate Bill 665, known as 'The Senator Delores Kelley Residents of Unlicensed Programs Protection Act', aims to enhance protections for residents in assisted living programs that operate without a license. The bill requires the Maryland Department of Health to investigate allegations of neglect, exploitation, or abuse within unlicensed facilities. In instances where violations are confirmed, the bill stipulates immediate prosecution against those operating without the necessary licensure. This approach demonstrates a stringent commitment to ensuring the safety and well-being of vulnerable residents who might otherwise be subject to exploitation in unregulated care environments.

Sentiment

The sentiment surrounding SB665 appears to be overwhelmingly positive among supporters, who emphasize the importance of safeguarding the rights of vulnerable adults living in assisted facilities. Advocates for elder care and resident rights have applauded the bill for addressing the critical need for regulatory oversight. However, there may be some concerns regarding the feasibility of compliance for existing unlicensed operators who might be unaware of the legal requirements. Overall, the bill is perceived as a necessary step to ensure that assisted living programs provide safe and regulated care.

Contention

While SB665 aims to protect residents, there are potential points of contention, particularly concerning the enforcement mechanisms and the burden placed on unlicensed programs. Critics might raise concerns about the effectiveness of the investigation process and the adequacy of resources allocated to the Department of Health for enforcement. Additionally, the potential criminalization of those operating without a license might be viewed as overly punitive, especially if they acted in good faith while seeking compliance. Balancing regulation with support for operators transitioning to licensure will be a vital discussion moving forward.

Companion Bills

MD HB774

Crossfiled Assisted Living Programs - Unlicensed Programs - Resident Abuse, Exploitation, and Neglect (The Senator Delores Kelley Residents of Unlicensed Programs Protection Act)

Previously Filed As

MD HB774

Assisted Living Programs - Unlicensed Programs - Resident Abuse, Exploitation, and Neglect (The Senator Delores Kelley Residents of Unlicensed Programs Protection Act)

MD SB476

Short-term residential therapeutic programs.

MD AB426

Unlicensed residential foster care facilities: temporary placement management.

MD HB985

Relating to the abuse, neglect, and exploitation of residents of certain facilities; creating an offense; providing penalties.

MD SB331

Drug Abuse Treatment and Education Programs; the certification of recovery residences; provide

MD A1952

Clarifies DHS authority to regulate sober living homes and halfway houses as residential substance abuse aftercare facilities; requires background checks and other protections for residents of residential substance abuse facilities.

MD A2198

Clarifies DHS authority to regulate sober living homes and halfway houses as residential substance abuse aftercare facilities; requires background checks and other protections for residents of residential substance abuse facilities.

MD S1042

Clarifies DHS authority to regulate sober living homes and halfway houses as residential substance abuse aftercare facilities; requires background checks and other protections for residents of residential substance abuse facilities.

MD S4015

Clarifies DHS authority to regulate sober living homes and halfway houses as residential substance abuse aftercare facilities; requires background checks and other protections for residents of residential substance abuse facilities.

MD HB1153

Behavioral Health Programs - Residential Programs - Food Service Facility Requirements

Similar Bills

No similar bills found.