LAWRENCE J. HOGAN, JR., Governor Ch. 699
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Chapter 699
(Senate Bill 531)
AN ACT concerning
Maryland Health Care Commission – Assisted Living Programs – Study
FOR the purpose of requiring the Maryland Health Care Commission, in consultation with
the Office of Health Care Quality, the Maryland Long–Term Care Ombudsman
Program, the Medicaid Administration, the Governor’s Workforce Development
Board, and interested stakeholders, to conduct a study regarding the quality of care
provided by certain assisted living programs; and generally relating to a study of
assisted living programs.
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That:
(a) The Maryland Health Care Commission, in consultation with the Office of
Health Care Quality, the Maryland Long–Term Care Ombudsman Program, the Medicaid
Administration, the Governor’s Workforce Development Board, and interested
stakeholders, shall conduct a study regarding the quality of care provided by assisted living
programs with nine or fewer beds.
(b) In conducting the study required under subsection (a) of this section, the
Commission shall:
(1) analyze the inspection data from the Office of Health Care Quality to
determine, on a systemic level, where quality of care may be improved;
(2) examine the entry into and exit from the market for assisted living
programs, including any noticeable trends related to inspection data or regulatory
requirements;
(3) consider the feasibility of developing a reporting system for assisted
living programs that protects patient confidentiality and makes data related to catastrophic
health emergencies declared by the Governor and quality of care publicly available;
(4) review the current assisted living program licensure regulations to
determine whether these programs should be regulated differently than programs with ten
or more beds;
(5) determine whether:
(i) assisted living programs receive sufficient reimbursement to
cover the cost of care for the services provided, including for residents with Alzheimer’s and Ch. 699 2022 LAWS OF MARYLAND
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other dementia–related conditions, under initiatives offered through the Maryland
Medicaid Administration or other State or local initiatives; and
(ii) the Home– and Community–Based Options Waiver, or any other
waiver program that may be used for assisted living programs, can be revised to improve
the quality of care and increase provider participation; and
(6) review staffing resources that could be better utilized and made
available for these programs, including measures to encourage the recruitment and
retention of staff and meet standards for sufficient staffing.
(c) On or before October 1, 2023, the Maryland Health Care Commission shall
report its findings and recommendations, including any draft legislation, to the Governor,
the Maryland Department of Health, and, in accordance with § 2–1257 of the State
Government Article, the Senate Finance Committee and the House Health and
Government Operations Committee.
SECTION 2. AND BE IT FUR THER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.