EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0972*
HOUSE BILL 972
J3 2lr2273
CF SB 804
By: Delegate Kelly
Introduced and read first time: February 10, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Continuing Care at Home – Certificate of Need – Exemption 2
FOR the purpose of providing that the definition of a health care facility, for the purpose of 3
providing an exemption from the certificate of need requirement, does not include 4
certain facilities that are for the exclusive use of the provider’s subscribers who have 5
executed continuing care at home agreements and paid certain entrance fees; and 6
generally relating to continuing care at home and exemptions to certificate of need. 7
BY repealing and reenacting, with amendments, 8
Article – Health – General 9
Section 19–114(d)(2)(ii) 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Health – General 15
19–114. 16
(d) (2) “Health care facility” does not include: 17
(ii) For the purpose of providing an exception to the requirement for 18
a certificate of need under § 19–120 of this subtitle, a facility to provide comprehensive care 19
constructed by a provider of continuing care, as defined in § 10–401 of the Human Services 20
Article, if: 21
1. Except as provided under § 19–123 of this subtitle, the 22
facility is for the exclusive use of the provider’s subscribers who have executed continuing 23 2 HOUSE BILL 972
care agreements, INCLUDING CONTINUING CARE AT HOME AGREEME NTS, and paid 1
entrance fees that are at least equal to the lowest entrance fee charged for an independent 2
living unit [or], an assisted living unit, OR A CONTINUING CARE AT HOME AGREEMENT 3
before entering the continuing care community, regardless of the level of care needed by 4
the subscribers at the time of admission; 5
2. The facility is located on the campus of the continuing care 6
community; and 7
3. The number of comprehensive care nursing beds in the 8
community does not exceed: 9
A. 24 percent of the number of independent living units in a 10
community having less than 300 independent living units; or 11
B. 20 percent of the number of independent living units in a 12
community having 300 or more independent living units; 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2022. 15