MD
Maryland Senate Bill SB531

Maryland 2022 Regular Session

Maryland Senate Bill SB531 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 699
21
3-– 1 –
4-Chapter 699
5-(Senate Bill 531)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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+ *sb0531*
89
9-Maryland Health Care Commission – Assisted Living Programs – Study
10+SENATE BILL 531
11+J3 2lr2069
12+ CF HB 636
13+By: Senators Beidle, Augustine, Eckardt, Hayes, and Washington
14+Introduced and read first time: January 28, 2022
15+Assigned to: Finance
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: February 21, 2022
1019
11-FOR the purpose of requiring the Maryland Health Care Commission, in consultation with
12-the Office of Health Care Quality, the Maryland Long–Term Care Ombudsman
13-Program, the Medicaid Administration, the Governor’s Workforce Development
14-Board, and interested stakeholders, to conduct a study regarding the quality of care
15-provided by certain assisted living programs; and generally relating to a study of
16-assisted living programs.
20+CHAPTER ______
1721
18- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
19-That:
22+AN ACT concerning 1
2023
21- (a) The Maryland Health Care Commission, in consultation with the Office of
22-Health Care Quality, the Maryland Long–Term Care Ombudsman Program, the Medicaid
23-Administration, the Governor’s Workforce Development Board, and interested
24-stakeholders, shall conduct a study regarding the quality of care provided by assisted living
25-programs with nine or fewer beds.
24+Maryland Health Care Commission – Assisted Living Programs – Study 2
2625
27- (b) In conducting the study required under subsection (a) of this section, the
28-Commission shall:
26+FOR the purpose of requiring the Maryland Health Care Commission, in consultation with 3
27+the Office of Health Care Quality, the Maryland Long–Term Care Ombudsman 4
28+Program, the Medicaid Administration, the Governor’s Workforce Development 5
29+Board, and interested stakeholders, to conduct a study regarding the quality of care 6
30+provided by certain assisted living programs; and generally relating to a study of 7
31+assisted living programs. 8
2932
30- (1) analyze the inspection data from the Office of Health Care Quality to
31-determine, on a systemic level, where quality of care may be improved;
33+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
34+That: 10
3235
33- (2) examine the entry into and exit from the market for assisted living
34-programs, including any noticeable trends related to inspection data or regulatory
35-requirements;
36+ (a) The Maryland Health Care Commission, in consultation with the Office of 11
37+Health Care Quality, the Maryland Long–Term Care Ombudsman Program, the Medicaid 12
38+Administration, the Governor’s Workforce Development Board, and interested 13
39+stakeholders, shall conduct a study regarding the quality of care provided by assisted living 14
40+programs with nine or fewer beds. 15
3641
37- (3) consider the feasibility of developing a reporting system for assisted
38-living programs that protects patient confidentiality and makes data related to catastrophic
39-health emergencies declared by the Governor and quality of care publicly available;
42+ (b) In conducting the study required under subsection (a) of this section, the 16
43+Commission shall: 17
4044
41- (4) review the current assisted living program licensure regulations to
42-determine whether these programs should be regulated differently than programs with ten
43-or more beds;
45+ (1) analyze the inspection data from the Office of Health Care Quality to 18
46+determine, on a systemic level, where quality of care may be improved; 19
47+ 2 SENATE BILL 531
4448
45- (5) determine whether:
4649
47- (i) assisted living programs receive sufficient reimbursement to
48-cover the cost of care for the services provided, including for residents with Alzheimer’s and Ch. 699 2022 LAWS OF MARYLAND
50+ (2) examine the entry into and exit from the market for assisted living 1
51+programs, including any noticeable trends related to inspection data or regulatory 2
52+requirements; 3
4953
50-– 2 –
51-other dementia–related conditions, under initiatives offered through the Maryland
52-Medicaid Administration or other State or local initiatives; and
54+ (3) consider the feasibility of developing a reporting system for assisted 4
55+living programs that protects patient confidentiality and makes data related to catastrophic 5
56+health emergencies declared by the Governor and quality of care publicly available; 6
5357
54- (ii) the Home– and Community–Based Options Waiver, or any other
55-waiver program that may be used for assisted living programs, can be revised to improve
56-the quality of care and increase provider participation; and
58+ (4) review the current assisted living program licensure regulations to 7
59+determine whether these programs should be regulated differently than programs with ten 8
60+or more beds; 9
5761
58- (6) review staffing resources that could be better utilized and made
59-available for these programs, including measures to encourage the recruitment and
60-retention of staff and meet standards for sufficient staffing.
62+ (5) determine whether: 10
6163
62- (c) On or before October 1, 2023, the Maryland Health Care Commission shall
63-report its findings and recommendations, including any draft legislation, to the Governor,
64-the Maryland Department of Health, and, in accordance with § 2–1257 of the State
65-Government Article, the Senate Finance Committee and the House Health and
66-Government Operations Committee.
64+ (i) assisted living programs receive sufficient reimbursement to 11
65+cover the cost of care for the services provided, including for residents with Alzheimer’s and 12
66+other dementia–related conditions, under initiatives offered through the Maryland 13
67+Medicaid Administration or other State or local initiatives; and 14
6768
68- SECTION 2. AND BE IT FUR THER ENACTED, That this Act shall take effect
69-October 1, 2022.
69+ (ii) the Home– and Community–Based Options Waiver, or any other 15
70+waiver program that may be used for assisted living programs, can be revised to improve 16
71+the quality of care and increase provider participation; and 17
7072
71-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
73+ (6) review staffing resources that could be better utilized and made 18
74+available for these programs, including measures to encourage the recruitment and 19
75+retention of staff and meet standards for sufficient staffing. 20
76+
77+ (c) On or before October 1, 2023, the Maryland Health Care Commission shall 21
78+report its findings and recommendations, including any draft legislation, to the Governor, 22
79+the Maryland Department of Health, and, in accordance with § 2–1257 of the State 23
80+Government Article, the Senate Finance Committee and the House Health and 24
81+Government Operations Committee. 25
82+
83+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
84+October 1, 2022. 27
85+