Maryland 2022 Regular Session

Maryland Senate Bill SB624 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0624
6	6
7	7	SENATE BILL 624
8	8	J3 2lr1936
9	9
10	10	By: Senator Hettleman
11	11	Introduced and read first time: February 3, 2022
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Assisted Living Programs – Assisted Living Referrers – Requirements and 2
19	19	Prohibitions 3
20	20
21	21	FOR the purpose of establishing certain requirements for assisted living referrers, 4
22	22	including requirements related to the maintenance of general liability insurance, 5
23	23	criminal history records checks, and the maintenance and provision of certain 6
24	24	documents; prohibiting assisted living referrers from referring clients to certain 7
25	25	assisted living programs, having power of attorney over clients, or selling or 8
26	26	transferring certain contact information to third parties under certain 9
27	27	circumstances; prohibiting an assisted living program from paying a fee to an 10
28	28	assisted living referrer under certain circumstances; and generally relating to 11
29	29	assisted living referrers and assisted living programs. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – Health – General 14
33	33	Section 19–1813 15
34	34	Annotated Code of Maryland 16
35	35	(2019 Replacement Volume and 2021 Supplement) 17
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
38	38	That the Laws of Maryland read as follows: 19
39	39
40	40	Article – Health – General 20
41	41
42	42	19–1813. 21
43	43
44	44	(a) In this section, “assisted living referrer” means an individual or agency that: 22
45	45
46	46	(1) Makes referrals to assisted living programs without cost to the person 23
47	47	receiving the referral; and 24
48	48	2 SENATE BILL 624
49	49
50	50
51	51	(2) Is compensated by an assisted living program or other third party for 1
52	52	referring individuals to a licensed assisted living program. 2
53	53
54	54	(b) Each assisted living referrer: 3
55	55
56	56	(1) Shall register with the Office of Health Care Quality; 4
57	57
58	58	(2) Shall disclose to a client or potential client of the assisted living referrer 5
59	59	all financial relationships the assisted living referrer has with assisted living programs; 6
60	60
61	61	(3) If referring a client or potential client to an assisted living program, 7
62	62	shall affirm that the assisted living program is licensed; 8
63	63
64	64	(4) If referring a client or potential client to an assisted living program, 9
65	65	may refer the client or potential client only to a licensed assisted living program; [and] 10
66	66
67	67	(5) SHALL MAINTAIN GENERAL LIA BILITY INSURANCE ; 11
68	68
69	69	(6) SHALL REQUIRE EMPLOYEES TO OBTAIN A CRIMINAL HI STORY 12
70	70	RECORDS CHECK ; 13
71	71
72	72	(7) SHALL SIGN A FEDERAL HEALTH INSURANCE PORTABILITY AND 14
73	73	ACCOUNTABILITY ACT AGREEMENT WITH TH E CLIENT OR THE CLIE NT’S 15
74	74	REPRESENTATIVE ; AND 16
75	75
76	76	[(5)] (8) Shall notify the Office of Health Care Quality immediately on 17
77	77	learning that the assisted living program is operating without a license. 18
78	78
79	79	(C) (1) EACH ASSISTED LIVING REFERRER SHALL MAINT AIN A WRITTEN 19
80	80	SIGNED AND DATED DOC UMENT BETWEEN THE AS SISTED LIVING REFERRER AND 20
81	81	THE CLIENT OR THE CL IENT’S REPRESENTATIVE THAT INCLUDES : 21
82	82
83	83	(I) THE RIGHT OF THE CLIENT OR CLIENT’S REPRESENTATIVE 22
84	84	TO TERMINATE THE ASS ISTED LIVING REFERRE R’S SERVICES FOR ANY R EASON AT 23
85	85	ANY TIME; AND 24
86	86
87	87	(II) A REQUIREMENT THAT THE ASSISTED LIVING REFE RRER 25
88	88	COMMUNICATE THE CANC ELLATION OF THE AGRE EMENT TO ALL ASSISTE D LIVING 26
89	89	PROGRAMS TO WHICH TH E CLIENT HAS BEEN RE FERRED. 27
90	90
91	91	(2) (I) ON OR BEFORE THE DA Y A CLIENT IS ADMITTED AS A 28
92	92	RESIDENT TO AN ASSISTED LIVIN G PROGRAM , THE ASSISTED LIVING REFE RRER 29
93	93	SHALL PROVIDE TO THE PROGRAM THE WRITTEN DOCUMENT MAINTAINED UNDER 30
94	94	PARAGRAPH (1) OF THIS SUBSECTION . 31
95	95	SENATE BILL 624 3
96	96
97	97
98	98	(II) THE ASSISTED LIVING P ROGRAM MAY NOT PAY A FEE TO 1
99	99	THE ASSISTED LIVING REFERRER: 2
100	100
101	101	1. UNTIL THE WRITTEN DOC UMENT MAINTAINED UNDER 3
102	102	PARAGRAPH (1) OF THIS SUBSECTION IS PROVIDED TO THE A SSISTED LIVING 4
103	103	PROGRAM; AND 5
104	104
105	105	2. ON OR AFTER THE DAY THE AGREEMENT BETWEEN 6
106	106	THE ASSISTED LIVING REFER RER AND THE CLIENT O R CLIENT’S REPRESENTATIVE 7
107	107	IS TERMINATED . 8
108	108
109	109	(3) THE ASSISTED LIVING P ROGRAM AND THE ASSIS TED LIVING 9
110	110	REFERRER SHALL KEEP A WRITTEN OR ELECTRO NIC COPY OF THE WRITTEN 10
111	111	DOCUMENT MAINTAINED UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR AT 11
112	112	LEAST 1 YEAR AFTER THE CLIENT IS ADMITTED AS A RESIDE NT TO AN ASSISTED 12
113	113	LIVING PROGRAM . 13
114	114
115	115	[(c)] (D) An assisted living referrer may not: 14
116	116
117	117	(1) Receive funding from the Department if the assisted living referrer is 15
118	118	in violation of this subtitle; [or] 16
119	119
120	120	(2) Make referrals only to licensed assisted living programs from which the 17
121	121	assisted living referrer receives compensation as described in subsection (a)(2) of this 18
122	122	section; 19
123	123
124	124	(3) REFER CLIENTS TO ASSI STED LIVING PROGRAMS IF THE ASSISTED 20
125	125	LIVING REFERRER IS AN OWNER OF THE ASSISTED LIVING PROGRAM ; 21
126	126
127	127	(4) HAVE POWER OF ATTORNEY OV ER A CLIENT; OR 22
128	128
129	129	(5) SELL OR TRANSFER THE CLIENT’S OR THE CLIENT ’S 23
130	130	REPRESENTATIVE ’S CONTACT INFORMATION TO A THIRD PARTY WIT HOUT THE 24
131	131	WRITTEN CONSENT OF T HE CLIENT OR THE CLI ENT’S REPRESENTATIVE . 25
132	132
133	133	[(d)] (E) If requested by any person or on its own initiative, the Office of the 26
134	134	Attorney General may investigate whether an assisted living referrer violated this subtitle 27
135	135	and may seek appropriate relief. 28
136	136
137	137	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
138	138	October 1, 2022. 30