EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1072*
HOUSE BILL 1072
J3, N1 2lr1280
HB 623/21 – ENT
By: Delegate Holmes
Introduced and read first time: February 10, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Assisted Living Program Licensing – Notice of Applicant Located in Common 2
Ownership Community 3
FOR the purpose of requiring the Secretary of Health, if the Secretary receives a licensure 4
application for an assisted living program, to notify the county health officer for the 5
county in which the program would operate; requiring the county health officer to 6
determine whether an assisted living program is to be operated within a common 7
ownership community in the county and, if so, to provide notice of the application to 8
the governing body of the county and the governing body of a common ownership 9
community; and generally relating to applications for licensure of assisted living 10
programs. 11
BY repealing and reenacting, without amendments, 12
Article – Health – General 13
Section 19–1801 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Health – General 18
Section 19–1804.1(e) 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2021 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Health – General 24
19–1801. 25
2 HOUSE BILL 1072
In this subtitle: 1
(1) “Assisted living program” means a residential or facility–based 2
program that provides housing and supportive services, supervision, personalized 3
assistance, health–related services, or a combination thereof that meets the needs of 4
individuals who are unable to perform or who need assistance in performing the activities 5
of daily living or instrumental activities of daily living in a way that promotes optimum 6
dignity and independence for the individuals. 7
(2) “Assisted living program” does not include: 8
(i) A nursing home, as defined under § 19–1401 of this title; 9
(ii) A State facility, as defined under § 10–101 of this article; 10
(iii) A program licensed by the Department under Title 7 or Title 10 11
of this article; 12
(iv) A hospice care program regulated by the Department under 13
Subtitle 9 of this title; 14
(v) Services provided by family members; 15
(vi) Services provided in an individual’s own home; or 16
(vii) A program certified by the Department of Human Services under 17
Title 6, Subtitle 5, Part II of the Human Services Article as a certified Adult Residential 18
Environment Program. 19
19–1804.1. 20
(E) (1) IN THIS SUBSECTION , “COMMON OWNERSHIP COM MUNITY” 21
MEANS: 22
(I) A CONDOMINIUM ORGANIZE D UNDER TITLE 11 OF THE 23
REAL PROPERTY ARTICLE; 24
(II) A HOMEOWNERS ASSOCIATI ON ORGANIZED UNDER TITLE 25
11B OF THE REAL PROPERTY ARTICLE; OR 26
(III) A COOPERATIVE HOUSING CORPORATION ORGANIZE D 27
UNDER TITLE 5, SUBTITLE 6B OF THE CORPORATIONS AND ASSOCIATIONS 28
ARTICLE. 29
(2) IF THE SECRETARY RECEIVES A LICENSURE APPLICATION UNDER 30
THIS SECTION FOR AN ASSISTED LIVING PROG RAM, THE SECRETARY SHALL NOTIF Y 31 HOUSE BILL 1072 3
THE COUNTY HEALTH OF FICER FOR THE COUNTY IN WHICH THE ASSISTED LIVING 1
PROGRAM WOULD OPERAT E. 2
(3) (I) IF THE COUNTY HEALTH OFFICER RECEIVES NOT ICE 3
PROVIDED UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE COUNTY HEALTH 4
OFFICER SHALL DETERM INE WHETHER THE ASSI STED LIVING PROGRAM IS TO BE 5
OPERATED WITHIN A CO MMON OWNERSHIP COMMU NITY. 6
(II) IF THE COUNTY HEALTH OFFICER DETERMINES T HAT THE 7
ASSISTED LIVING PROG RAM IS TO BE OPERATED WI THIN A COMMON OWNERS HIP 8
COMMUNITY IN THE COU NTY, THE COUNTY HEALTH OF FICER SHALL SEND NOT ICE 9
OF THE APPLICATION T O: 10
1. THE GOVERNING BODY OF TH E COUNTY; AND 11
2. THE GOVERNING BODY OF THE COMMON OWNERSHIP 12
COMMUNITY . 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2022. 15