EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0624*
SENATE BILL 624
J3 2lr1936
By: Senator Hettleman
Introduced and read first time: February 3, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Assisted Living Programs – Assisted Living Referrers – Requirements and 2
Prohibitions 3
FOR the purpose of establishing certain requirements for assisted living referrers, 4
including requirements related to the maintenance of general liability insurance, 5
criminal history records checks, and the maintenance and provision of certain 6
documents; prohibiting assisted living referrers from referring clients to certain 7
assisted living programs, having power of attorney over clients, or selling or 8
transferring certain contact information to third parties under certain 9
circumstances; prohibiting an assisted living program from paying a fee to an 10
assisted living referrer under certain circumstances; and generally relating to 11
assisted living referrers and assisted living programs. 12
BY repealing and reenacting, with amendments, 13
Article – Health – General 14
Section 19–1813 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Health – General 20
19–1813. 21
(a) In this section, “assisted living referrer” means an individual or agency that: 22
(1) Makes referrals to assisted living programs without cost to the person 23
receiving the referral; and 24
2 SENATE BILL 624
(2) Is compensated by an assisted living program or other third party for 1
referring individuals to a licensed assisted living program. 2
(b) Each assisted living referrer: 3
(1) Shall register with the Office of Health Care Quality; 4
(2) Shall disclose to a client or potential client of the assisted living referrer 5
all financial relationships the assisted living referrer has with assisted living programs; 6
(3) If referring a client or potential client to an assisted living program, 7
shall affirm that the assisted living program is licensed; 8
(4) If referring a client or potential client to an assisted living program, 9
may refer the client or potential client only to a licensed assisted living program; [and] 10
(5) SHALL MAINTAIN GENERAL LIA BILITY INSURANCE ; 11
(6) SHALL REQUIRE EMPLOYEES TO OBTAIN A CRIMINAL HI STORY 12
RECORDS CHECK ; 13
(7) SHALL SIGN A FEDERAL HEALTH INSURANCE PORTABILITY AND 14
ACCOUNTABILITY ACT AGREEMENT WITH TH E CLIENT OR THE CLIE NT’S 15
REPRESENTATIVE ; AND 16
[(5)] (8) Shall notify the Office of Health Care Quality immediately on 17
learning that the assisted living program is operating without a license. 18
(C) (1) EACH ASSISTED LIVING REFERRER SHALL MAINT AIN A WRITTEN 19
SIGNED AND DATED DOC UMENT BETWEEN THE AS SISTED LIVING REFERRER AND 20
THE CLIENT OR THE CL IENT’S REPRESENTATIVE THAT INCLUDES : 21
(I) THE RIGHT OF THE CLIENT OR CLIENT’S REPRESENTATIVE 22
TO TERMINATE THE ASS ISTED LIVING REFERRE R’S SERVICES FOR ANY R EASON AT 23
ANY TIME; AND 24
(II) A REQUIREMENT THAT THE ASSISTED LIVING REFE RRER 25
COMMUNICATE THE CANC ELLATION OF THE AGRE EMENT TO ALL ASSISTE D LIVING 26
PROGRAMS TO WHICH TH E CLIENT HAS BEEN RE FERRED. 27
(2) (I) ON OR BEFORE THE DA Y A CLIENT IS ADMITTED AS A 28
RESIDENT TO AN ASSISTED LIVIN G PROGRAM , THE ASSISTED LIVING REFE RRER 29
SHALL PROVIDE TO THE PROGRAM THE WRITTEN DOCUMENT MAINTAINED UNDER 30
PARAGRAPH (1) OF THIS SUBSECTION . 31
SENATE BILL 624 3
(II) THE ASSISTED LIVING P ROGRAM MAY NOT PAY A FEE TO 1
THE ASSISTED LIVING REFERRER: 2
1. UNTIL THE WRITTEN DOC UMENT MAINTAINED UNDER 3
PARAGRAPH (1) OF THIS SUBSECTION IS PROVIDED TO THE A SSISTED LIVING 4
PROGRAM; AND 5
2. ON OR AFTER THE DAY THE AGREEMENT BETWEEN 6
THE ASSISTED LIVING REFER RER AND THE CLIENT O R CLIENT’S REPRESENTATIVE 7
IS TERMINATED . 8
(3) THE ASSISTED LIVING P ROGRAM AND THE ASSIS TED LIVING 9
REFERRER SHALL KEEP A WRITTEN OR ELECTRO NIC COPY OF THE WRITTEN 10
DOCUMENT MAINTAINED UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR AT 11
LEAST 1 YEAR AFTER THE CLIENT IS ADMITTED AS A RESIDE NT TO AN ASSISTED 12
LIVING PROGRAM . 13
[(c)] (D) An assisted living referrer may not: 14
(1) Receive funding from the Department if the assisted living referrer is 15
in violation of this subtitle; [or] 16
(2) Make referrals only to licensed assisted living programs from which the 17
assisted living referrer receives compensation as described in subsection (a)(2) of this 18
section; 19
(3) REFER CLIENTS TO ASSI STED LIVING PROGRAMS IF THE ASSISTED 20
LIVING REFERRER IS AN OWNER OF THE ASSISTED LIVING PROGRAM ; 21
(4) HAVE POWER OF ATTORNEY OV ER A CLIENT; OR 22
(5) SELL OR TRANSFER THE CLIENT’S OR THE CLIENT ’S 23
REPRESENTATIVE ’S CONTACT INFORMATION TO A THIRD PARTY WIT HOUT THE 24
WRITTEN CONSENT OF T HE CLIENT OR THE CLI ENT’S REPRESENTATIVE . 25
[(d)] (E) If requested by any person or on its own initiative, the Office of the 26
Attorney General may investigate whether an assisted living referrer violated this subtitle 27
and may seek appropriate relief. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2022. 30