MD
Maryland House Bill HB972

Maryland 2022 Regular Session

Maryland House Bill HB972 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 727
21
3-– 1 –
4-Chapter 727
5-(House Bill 972)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0972*
810
9-Continuing Care at Home – Certificate of Need – Exemption
11+HOUSE BILL 972
12+J3 (2lr2273)
13+ENROLLED BILL
14+— Health and Government Operations/Finance —
15+Introduced by Delegate Kelly Delegates Kelly, Bagnall, Belcastro, Bhandari, Carr,
16+Chisholm, Cullison, Hill, Johnson, Kaiser, Kerr, Kipke, Krebs, Landis,
17+R. Lewis, Morgan, Reilly, Rosenberg, Saab, Szeliga, and K. Young
1018
11-FOR the purpose of providing that the definition of a health care facility, for the purpose of
12-providing an exemption from the certificate of need requirement, does not include
13-certain facilities that are for the exclusive use of the provider’s subscribers who have
14-executed continuing care at home agreements and paid certain entrance fees;
15-establishing an exception to certain application requirements for certain continuing
16-care at home providers; and generally relating to continuing care at home and
17-exemptions to certificate of need.
19+Read and Examined by Proofreaders:
1820
19-BY repealing and reenacting, with amendments,
20- Article – Health – General
21-Section 19–114(d)(2)(ii)
22- Annotated Code of Maryland
23- (2019 Replacement Volume and 2021 Supplement)
21+_______________________________________________
22+Proofreader.
23+_______________________________________________
24+Proofreader.
2425
25-BY repealing and reenacting, with amendments,
26- Article – Human Services
27- Section 10–458
28- Annotated Code of Maryland
29- (2019 Replacement Volume and 2021 Supplement)
26+Sealed with the Great Seal and presented to the Governor, for his approval this
3027
31- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
32-That the Laws of Maryland read as follows:
28+_______ day of _______________ at ________________________ o’clock, ________M.
3329
34-Article – Health – General
30+______________________________________________
31+Speaker.
3532
36-19–114.
33+CHAPTER ______
3734
38- (d) (2) “Health care facility” does not include:
35+AN ACT concerning 1
3936
40- (ii) For the purpose of providing an exception to the requirement for
41-a certificate of need under § 19–120 of this subtitle, a facility to provide comprehensive care
42-constructed by a provider of continuing care, as defined in § 10–401 of the Human Services
43-Article, if:
37+Continuing Care at Home – Certificate of Need – Exemption 2
4438
45- 1. Except as provided under § 19–123 of this subtitle, the
46-facility is for the exclusive use of the provider’s subscribers who have executed continuing
47-care agreements, INCLUDING CONTINUING CARE AT HOME AGREEMENTS , and paid
48-entrance fees that are at least equal to the lowest entrance fee charged for an independent Ch. 727 2022 LAWS OF MARYLAND
39+FOR the purpose of providing that the definition of a health care facility, for the purpose of 3
40+providing an exemption from the certificate of need requirement, does not include 4
41+certain facilities that are for the exclusive use of the provider’s subscribers who have 5
42+executed continuing care at home agreements and paid certain entrance fees; 6
43+establishing an exception to certain application requirements for certain continuing 7
44+care at home providers; and generally relating to continuing care at home and 8
45+exemptions to certificate of need. 9
4946
50-– 2 –
51-living unit [or], an assisted living unit, OR A CONTINUING CARE AT HOME AGREEMENT
52-before entering the continuing care community, regardless of the level of care needed by
53-the subscribers at the time of admission;
47+BY repealing and reenacting, with amendments, 10
48+ Article – Health – General 11
49+Section 19–114(d)(2)(ii) 12 2 HOUSE BILL 972
5450
55- 2. The facility is located on the campus of the continuing care
56-community; and
5751
58- 3. The number of comprehensive care nursing beds in the
59-community does not exceed:
52+ Annotated Code of Maryland 1
53+ (2019 Replacement Volume and 2021 Supplement) 2
6054
61- A. 24 percent of the number of independent living units in a
62-community having less than 300 independent living units; or
55+BY repealing and reenacting, with amendments, 3
56+ Article – Human Services 4
57+ Section 10–458 5
58+ Annotated Code of Maryland 6
59+ (2019 Replacement Volume and 2021 Supplement) 7
6360
64- B. 20 percent of the number of independent living units in a
65-community having 300 or more independent living units;
61+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
62+That the Laws of Maryland read as follows: 9
6663
67-Article – Human Services
64+Article – Health – General 10
6865
69-10–458.
66+19–114. 11
7067
71- (a) A provider may not provide continuing care at home services until the
72-Department issues a certificate of registration to the provider.
68+ (d) (2) “Health care facility” does not include: 12
7369
74- (b) An application for a certificate of registration shall:
70+ (ii) For the purpose of providing an exception to the requirement for 13
71+a certificate of need under § 19–120 of this subtitle, a facility to provide comprehensive care 14
72+constructed by a provider of continuing care, as defined in § 10–401 of the Human Services 15
73+Article, if: 16
7574
76- (1) be filed in a form satisfactory to the Department; and
75+ 1. Except as provided under § 19–123 of this subtitle, the 17
76+facility is for the exclusive use of the provider’s subscribers who have executed continuing 18
77+care agreements, INCLUDING CONTINUING CARE AT HOME AGREEME NTS, and paid 19
78+entrance fees that are at least equal to the lowest entrance fee charged for an independent 20
79+living unit [or], an assisted living unit, OR A CONTINUING CARE AT HOME AGREEME NT 21
80+before entering the continuing care community, regardless of the level of care needed by 22
81+the subscribers at the time of admission; 23
7782
78- (2) include at least the following information:
83+ 2. The facility is located on the campus of the continuing care 24
84+community; and 25
7985
80- (i) EXCEPT AS PROVIDED I N SUBSECTION (D) OF THIS SECTION,
81-verification that the required number of agreements has been executed and the
82-corresponding deposits collected;
86+ 3. The number of comprehensive care nursing beds in the 26
87+community does not exceed: 27
8388
84- (ii) the form and substance of any proposed advertisements,
85-advertising campaigns, or other promotional materials for the program that are available
86-at the time of filing and that have not been filed previously with the Department;
89+ A. 24 percent of the number of independent living units in a 28
90+community having less than 300 independent living units; or 29
8791
88- (iii) verification that any other license or certificate required by other
89-appropriate State units has been issued to the provider; and
92+ B. 20 percent of the number of independent living units in a 30
93+community having 300 or more independent living units; 31
9094
91- (iv) any other information that the Department requires.
95+Article – Human Services 32
9296
93- (c) The Department shall issue a certificate of registration to a provider if the
94-Department determines that:
95- LAWRENCE J. HOGAN, JR., Governor Ch. 727
97+10–458. 33
98+ HOUSE BILL 972 3
9699
97-– 3 –
98- (1) the information and documents submitted with the feasibility study
99-and application for a preliminary certificate of registration are current and accurate or have
100-been updated to make them accurate;
101100
102- (2) EXCEPT AS PROVIDED I N SUBSECTION (D) OF THIS SECTION , the
103-required number of agreements has been executed and the corresponding deposits
104-collected;
101+ (a) A provider may not provide continuing care at home services until the 1
102+Department issues a certificate of registration to the provider. 2
105103
106- (3) any other license or certificate required by other appropriate State
107-units has been issued to the provider;
104+ (b) An application for a certificate of registration shall: 3
108105
109- (4) the provider has submitted all proposed advertisements, advertising
110-campaigns, and other promotional materials for the program;
106+ (1) be filed in a form satisfactory to the Department; and 4
111107
112- (5) the form and substance of all advertisements, advertising campaigns,
113-and other promotional materials submitted are not deceptive, misleading, or likely to
114-mislead; and
108+ (2) include at least the following information: 5
115109
116- (6) the provider has submitted any other information that the Department
117-required.
110+ (i) EXCEPT AS PROVIDED I N SUBSECTION (D) OF THIS SECTION, 6
111+verification that the required number of agreements has been executed and the 7
112+corresponding deposits collected; 8
118113
119- (D) SUBSECTIONS (B)(2)(I) AND (C)(2) OF THIS SECTION DO N OT APPLY TO
120-A PROVIDER OF CONTIN UING CARE AT HOME SE RVICES THAT:
114+ (ii) the form and substance of any proposed advertisements, 9
115+advertising campaigns, or other promotional materials for the program that are available 10
116+at the time of filing and that have not been filed previously with the Department; 11
121117
122- (1) MEETS ANY RESERVE RE QUIREMENTS ; AND
118+ (iii) verification that any other license or certificate required by other 12
119+appropriate State units has been issued to the provider; and 13
123120
124- (2) UNTIL THE PROVIDER H AS ENROLLED THE MINI MUM NUMBER OF
125-SUBSCRIBERS NEEDED F OR ITS REVENUES TO E QUAL ITS EXPENSES :
121+ (iv) any other information that the Department requires. 14
126122
127- (I) HOLDS IN ESCROW THE ENTIRETY OF ALL ENTR ANCE FEES;
128-OR
123+ (c) The Department shall issue a certificate of registration to a provider if the 15
124+Department determines that: 16
129125
130- (II) MAINTAINS A SURETY B OND OF $1,000,000 OR AN
131-EQUIVALENT REPLACEME NT SECURITY SUCH AS CASH, IRREVOCABLE LETTERS OF
132-CREDIT, CERTIFICATES OF DEPO SIT, OR TREASURY BILLS .
126+ (1) the information and documents submitted with the feasibility study 17
127+and application for a preliminary certificate of registration are current and accurate or have 18
128+been updated to make them accurate; 19
133129
134- [(d)] (E) If a provider intends to advertise before the Department issues a
135-certificate of registration under subsection (c) of this section, the provider shall submit to
136-the Department any advertisement, advertising campaign, or other promotional materials
137-before using it.
130+ (2) EXCEPT AS PROVIDED I N SUBSECTION (D) OF THIS SECTION , the 20
131+required number of agreements has been executed and the corresponding deposits 21
132+collected; 22
138133
139- [(e)] (F) If a certificate of registration is not issued to a provider within 24
140-months after the Department approves a feasibility study, or a longer time allowed by the
141-Department for good cause shown, the provider shall refund all deposits collected and stop
142-offering continuing care at home services under that application. Ch. 727 2022 LAWS OF MARYLAND
134+ (3) any other license or certificate required by other appropriate State 23
135+units has been issued to the provider; 24
143136
144-– 4 –
137+ (4) the provider has submitted all proposed advertisements, advertising 25
138+campaigns, and other promotional materials for the program; 26
145139
146- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
147-October July 1, 2022.
140+ (5) the form and substance of all advertisements, advertising campaigns, 27
141+and other promotional materials submitted are not deceptive, misleading, or likely to 28
142+mislead; and 29
148143
149-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
144+ (6) the provider has submitted any other information that the Department 30
145+required. 31
146+ 4 HOUSE BILL 972
147+
148+
149+ (D) SUBSECTIONS (B)(2)(I) AND (C)(2) OF THIS SECTION DO N OT APPLY TO 1
150+A PROVIDER OF CONTIN UING CARE AT HOME SE RVICES THAT: 2
151+
152+ (1) MEETS ANY RESERVE RE QUIREMENTS ; AND 3
153+
154+ (2) UNTIL THE PROVIDER H AS ENROLLED THE MINI MUM NUMBER OF 4
155+SUBSCRIBERS NEEDED F OR ITS REVENUES TO E QUAL ITS EXPENSES: 5
156+
157+ (I) HOLDS IN ESCROW THE ENTIRETY OF ALL ENTR ANCE FEES; 6
158+OR 7
159+
160+ (II) MAINTAINS A SURETY B OND OF $1,000,000 OR AN 8
161+EQUIVALENT REPLACEME NT SECURITY SUCH AS CASH, IRREVOCABLE LETTERS OF 9
162+CREDIT, CERTIFICATES OF DEPO SIT, OR TREASURY BILLS . 10
163+
164+ [(d)] (E) If a provider intends to advertise before the Department issues a 11
165+certificate of registration under subsection (c) of this section, the provider shall submit to 12
166+the Department any advertisement, advertising campaign, or other promotional materials 13
167+before using it. 14
168+
169+ [(e)] (F) If a certificate of registration is not issued to a provider within 24 15
170+months after the Department approves a feasibility study, or a longer time allowed by the 16
171+Department for good cause shown, the provider shall refund all deposits collected and stop 17
172+offering continuing care at home services under that application. 18
173+
174+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
175+October July 1, 2022. 20
176+
177+
178+
179+
180+
181+Approved:
182+________________________________________________________________________________
183+ Governor.
184+________________________________________________________________________________
185+ Speaker of the House of Delegates.
186+________________________________________________________________________________
187+ President of the Senate.