EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0531* SENATE BILL 531 J3 2lr2069 CF 2lr1434 By: Senators Beidle, Augustine, Eckardt, Hayes, and Washington Introduced and read first time: January 28, 2022 Assigned to: Finance A BILL ENTITLED AN ACT concerning 1 Maryland Health Care Commission – Assisted Living Programs – Study 2 FOR the purpose of requiring the Maryland Health Care Commission, in consultation with 3 the Office of Health Care Quality, the Maryland Long–Term Care Ombudsman 4 Program, the Medicaid Administration, the Governor’s Workforce Development 5 Board, and interested stakeholders, to conduct a study regarding the quality of care 6 provided by certain assisted living programs; and generally relating to a study of 7 assisted living programs. 8 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 That: 10 (a) The Maryland Health Care Commission, in consultation with the Office of 11 Health Care Quality, the Maryland Long–Term Care Ombudsman Program, the Medicaid 12 Administration, the Governor’s Workforce Development Board, and interested 13 stakeholders, shall conduct a study regarding the quality of care provided by assisted living 14 programs with nine or fewer beds. 15 (b) In conducting the study required under subsection (a) of this section, the 16 Commission shall: 17 (1) analyze the inspection data from the Office of Health Care Quality to 18 determine, on a systemic level, where quality of care may be improved; 19 (2) examine the entry into and exit from the market for assisted living 20 programs, including any noticeable trends related to inspection data or regulatory 21 requirements; 22 (3) consider the feasibility of developing a reporting system for assisted 23 living programs that protects patient confidentiality and makes data related to catastrophic 24 health emergencies declared by the Governor and quality of care publicly available; 25 2 SENATE BILL 531 (4) review the current assisted living program licensure regulations to 1 determine whether these programs should be regulated differently than programs with ten 2 or more beds; 3 (5) determine whether: 4 (i) assisted living programs receive sufficient reimbursement to 5 cover the cost of care for the services provided, including for residents with Alzheimer’s and 6 other dementia–related conditions, under initiatives offered through the Maryland 7 Medicaid Administration or other State or local initiatives; and 8 (ii) the Home– and Community–Based Options Waiver, or any other 9 waiver program that may be used for assisted living programs, can be revised to improve 10 the quality of care and increase provider participation; and 11 (6) review staffing resources that could be better utilized and made 12 available for these programs, including measures to encourage the recruitment and 13 retention of staff and meet standards for sufficient staffing. 14 (c) On or before October 1, 2023, the Maryland Health Care Commission shall 15 report its findings and recommendations, including any draft legislation, to the Governor, 16 the Maryland Department of Health, and, in accordance with § 2–1257 of the State 17 Government Article, the Senate Finance Committee and the House Health and 18 Government Operations Committee. 19 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 October 1, 2022. 21