Maryland 2022 Regular Session

Maryland House Bill HB1072 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1072
6	6
7	7	HOUSE BILL 1072
8	8	J3, N1 2lr1280
9	9	HB 623/21 – ENT
10	10	By: Delegate Holmes
11	11	Introduced and read first time: February 10, 2022
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Assisted Living Program Licensing – Notice of Applicant Located in Common 2
19	19	Ownership Community 3
20	20
21	21	FOR the purpose of requiring the Secretary of Health, if the Secretary receives a licensure 4
22	22	application for an assisted living program, to notify the county health officer for the 5
23	23	county in which the program would operate; requiring the county health officer to 6
24	24	determine whether an assisted living program is to be operated within a common 7
25	25	ownership community in the county and, if so, to provide notice of the application to 8
26	26	the governing body of the county and the governing body of a common ownership 9
27	27	community; and generally relating to applications for licensure of assisted living 10
28	28	programs. 11
29	29
30	30	BY repealing and reenacting, without amendments, 12
31	31	Article – Health – General 13
32	32	Section 19–1801 14
33	33	Annotated Code of Maryland 15
34	34	(2019 Replacement Volume and 2021 Supplement) 16
35	35
36	36	BY adding to 17
37	37	Article – Health – General 18
38	38	Section 19–1804.1(e) 19
39	39	Annotated Code of Maryland 20
40	40	(2019 Replacement Volume and 2021 Supplement) 21
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
43	43	That the Laws of Maryland read as follows: 23
44	44
45	45	Article – Health – General 24
46	46
47	47	19–1801. 25
48	48	2 HOUSE BILL 1072
49	49
50	50
51	51	In this subtitle: 1
52	52
53	53	(1) “Assisted living program” means a residential or facility–based 2
54	54	program that provides housing and supportive services, supervision, personalized 3
55	55	assistance, health–related services, or a combination thereof that meets the needs of 4
56	56	individuals who are unable to perform or who need assistance in performing the activities 5
57	57	of daily living or instrumental activities of daily living in a way that promotes optimum 6
58	58	dignity and independence for the individuals. 7
59	59
60	60	(2) “Assisted living program” does not include: 8
61	61
62	62	(i) A nursing home, as defined under § 19–1401 of this title; 9
63	63
64	64	(ii) A State facility, as defined under § 10–101 of this article; 10
65	65
66	66	(iii) A program licensed by the Department under Title 7 or Title 10 11
67	67	of this article; 12
68	68
69	69	(iv) A hospice care program regulated by the Department under 13
70	70	Subtitle 9 of this title; 14
71	71
72	72	(v) Services provided by family members; 15
73	73
74	74	(vi) Services provided in an individual’s own home; or 16
75	75
76	76	(vii) A program certified by the Department of Human Services under 17
77	77	Title 6, Subtitle 5, Part II of the Human Services Article as a certified Adult Residential 18
78	78	Environment Program. 19
79	79
80	80	19–1804.1. 20
81	81
82	82	(E) (1) IN THIS SUBSECTION , “COMMON OWNERSHIP COM MUNITY” 21
83	83	MEANS: 22
84	84
85	85	(I) A CONDOMINIUM ORGANIZE D UNDER TITLE 11 OF THE 23
86	86	REAL PROPERTY ARTICLE; 24
87	87
88	88	(II) A HOMEOWNERS ASSOCIATI ON ORGANIZED UNDER TITLE 25
89	89	11B OF THE REAL PROPERTY ARTICLE; OR 26
90	90
91	91	(III) A COOPERATIVE HOUSING CORPORATION ORGANIZE D 27
92	92	UNDER TITLE 5, SUBTITLE 6B OF THE CORPORATIONS AND ASSOCIATIONS 28
93	93	ARTICLE. 29
94	94
95	95	(2) IF THE SECRETARY RECEIVES A LICENSURE APPLICATION UNDER 30
96	96	THIS SECTION FOR AN ASSISTED LIVING PROG RAM, THE SECRETARY SHALL NOTIF Y 31 HOUSE BILL 1072 3
97	97
98	98
99	99	THE COUNTY HEALTH OF FICER FOR THE COUNTY IN WHICH THE ASSISTED LIVING 1
100	100	PROGRAM WOULD OPERAT E. 2
101	101
102	102	(3) (I) IF THE COUNTY HEALTH OFFICER RECEIVES NOT ICE 3
103	103	PROVIDED UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE COUNTY HEALTH 4
104	104	OFFICER SHALL DETERM INE WHETHER THE ASSI STED LIVING PROGRAM IS TO BE 5
105	105	OPERATED WITHIN A CO MMON OWNERSHIP COMMU NITY. 6
106	106
107	107	(II) IF THE COUNTY HEALTH OFFICER DETERMINES T HAT THE 7
108	108	ASSISTED LIVING PROG RAM IS TO BE OPERATED WI THIN A COMMON OWNERS HIP 8
109	109	COMMUNITY IN THE COU NTY, THE COUNTY HEALTH OF FICER SHALL SEND NOT ICE 9
110	110	OF THE APPLICATION T O: 10
111	111
112	112	1. THE GOVERNING BODY OF TH E COUNTY; AND 11
113	113
114	114	2. THE GOVERNING BODY OF THE COMMON OWNERSHIP 12
115	115	COMMUNITY . 13
116	116
117	117	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
118	118	October 1, 2022. 15