EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1194*
HOUSE BILL 1194
J1, J3 4lr2175
CF SB 1020
By: Delegates White Holland, Acevero, Bagnall, Charkoudian, Guzzone, Hill,
S. Johnson, R. Lewis, Martinez, McCaskill, Taveras, Turner, and Vogel
Introduced and read first time: February 8, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Hospitals – Clinical Staffing Committees and Plans – Establishment 2
(Safe Staffing Act of 2024) 3
FOR the purpose of requiring each hospital licensed in the State to establish and maintain 4
a clinical staffing committee and to implement a clinical staffing plan; requiring the 5
Health Services Cost Review Commission to conduct investigations regarding 6
alleged violations of certain provisions of this Act; authorizing the Health Services 7
Cost Review Commission to take certain actions if the Commission determines a 8
violation has occurred; and generally relating to hospitals and clinical staffing 9
committees and plans. 10
BY adding to 11
Article – Health – General 12
Section 19–388 through 19–398 to be under the new part “Part XII. Clinical Staffing 13
Committees and Plans” 14
Annotated Code of Maryland 15
(2023 Replacement Volume) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Health – General 19
19–386. RESERVED. 20
19–387. RESERVED. 21
PART XII. CLINICAL STAFFING COMMITTEES AND PLANS. 22
2 HOUSE BILL 1194
19–388. 1
(A) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANING S 2
INDICATED. 3
(B) (1) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” MEANS AN 4
INDIVIDUAL WHOSE PRIMARY DUTIES IN CLUDE SUPPORTING INDIVIDUALS WHO 5
PROVIDE DIRECT PATIENT CARE . 6
(2) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” INCLUDES: 7
(I) DIETARY WORKERS ; 8
(II) PATIENT CARE TECHNICI ANS; AND 9
(III) OTHER NONLICENSED STA FF ASSISTING WITH PA TIENT 10
CARE. 11
(C) “CLINICAL STAFFING COM MITTEE” MEANS THE COMMITTEE 12
ESTABLISHED BY A HOSPITAL IN ACC ORDANCE WITH § 19–390 OF THIS SUBTITLE. 13
(D) “CLINICAL STAFFING PLA N” MEANS THE PLAN REQUI RED TO BE 14
DEVELOPED UNDER § 19–391 OF THIS SUBTITLE. 15
(E) “COMMISSION” MEANS THE HEALTH SERVICES COST REVIEW 16
COMMISSION ESTABLISHE D UNDER SUBTITLE 2 OF THIS TITLE. 17
(F) “UNFORESEEABLE EMERGEN CY CIRCUMSTANCE ” MEANS: 18
(1) AN OFFICIALLY DECLARE D NATIONAL , STATE, OR LOCAL 19
EMERGENCY ; 20
(2) AN EVENT THAT CAUSES A HOSPITAL TO ACTIVA TE THE 21
HOSPITAL’S DISASTER PLAN; OR 22
(3) A NATURAL OR MANMADE D ISASTER OR CATAS TROPHIC EVENT 23
THAT IMMEDIATELY AFF ECTS OR INCREASES THE NEE D FOR HEALTH CARE 24
SERVICES. 25
19–389. 26
THIS PART MAY NOT BE CONSTRUED TO : 27
HOUSE BILL 1194 3
(1) REPLACE OR SUPPLANT A NY COMPLAINT MECHANI SM 1
ESTABLISHED BY A HOS PITAL, INCLUDING ANY COMPLA INT MECHANISM DESIGN ED 2
TO COMPLY WITH ANY E XISTING FEDERAL , STATE, OR LOCAL LAWS ; 3
(2) LIMIT OR SUPPLANT THE RIGHTS OF EMPLOYEES OR THEIR 4
EXCLUSIVE REPRESENTATIVES TO E NFORCE RIGHTS CONFER RED UNDER THE 5
TERMS OF A COLLECTIV E BARGAINING AGREEME NT; OR 6
(3) AFFECT MORE STRINGENT STANDARDS IN FEDERAL OR STATE 7
LAW OR REGULATION OR THE TE RMS OF AN APPLICABLE COLLECTIVE BARGAININ G 8
AGREEMENT . 9
19–390. 10
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, ON OR 11
BEFORE JANUARY 1, 2025, EACH HOSPITAL LICENS ED UNDER THIS TITLE SHALL 12
ESTABLISH AND MAINTA IN A CLINICAL STAFFI NG COMMITTEE. 13
(2) A HOSPITAL MAY COMPLY WITH THE REQU IREMENT UNDER 14
PARAGRAPH (1) OF THIS SUBSECTION B Y ASSIGNING THE DUTIES OF A CLINICAL 15
STAFFING COMMITTEE TO AN EXISTING COMMITTEE IN THE HOS PITAL THAT MEETS 16
THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION. 17
(B) (1) (I) AT LEAST 50% OF THE MEMBERSHIP OF A CLINICAL 18
STAFFING COMMITTEE MUST BE COMPOSED OF REGISTERED NURSES , LICENSED 19
PRACTICAL NURSES , CERTIFIED NURSING AS SISTANTS, AND ANCILLARY MEMBER S 20
OF THE FRONTLINE TEAM IN THE HOSPITAL. 21
(II) THE MEMBERSHIP DESCRIBED IN SUBPARAGRAPH (I) OF 22
THIS PARAGRAPH SHALL BE SELECTED: 23
1. IF THERE IS AN APPLIC ABLE COLLECTIVE 24
BARGAINING AGREEMENT , IN ACCORDANCE WITH THE COLLECTIVE BARGAININ G 25
AGREEMENT ; OR 26
2. BY THE REGISTERED NURSES , LICENSED PRACTICAL 27
NURSES, CERTIFIED NURSING AS SISTANTS, AND ANCILLARY MEMBER S OF THE 28
FRONTLINE TEAM WORKING IN THE HOSPI TAL. 29
(2) THE REMAINDER OF THE MEMBERSHIP OF A CLIN ICAL STAFFING 30
COMMITTEE MUST BE COMPOSED OF INDIVIDUALS EMPLOYED IN THE 31
ADMINISTRATION OF THE HOSPITAL AND MAY INCLUDE : 32
4 HOUSE BILL 1194
(I) A CHIEF FINANCIAL OFFI CER; 1
(II) A CHIEF NURSING OFFICE R; AND 2
(III) PATIENT CARE UNIT DIR ECTORS OR MANAGERS O R THEIR 3
DESIGNEES. 4
(C) (1) A HOSPITAL MAY NOT : 5
(I) REQUIRE A MEMBER OF THE CLINIC AL STAFFING 6
COMMITTEE TO PARTICIPATE ON THE CLINICAL STAFFING CO MMITTEE OUTSIDE 7
SCHEDULED WORK TIME ; OR 8
(II) ADD WORK DUTIES TO OR REASSIGN A MEMBER OF THE 9
CLINICAL STAFFING CO MMITTEE AS A RESULT OF THE MEMBER ’S PARTICIPATION 10
ON THE CLINICAL STAFFING CO MMITTEE. 11
(2) A HOSPITAL SHALL COMPE NSATE EACH MEMBER OF THE 12
CLINICAL STAFFING CO MMITTEE AT AN APPROPRIATE RA TE FOR TIME SPENT 13
PARTICIPATING ON A CLINICAL STAFFIN G COMMITTEE . 14
19–391. 15
(A) A CLINICAL STAFFING CO MMITTEE SHALL : 16
(1) DEVELOP AND PROVIDE O VERSIGHT FOR THE IMP LEMENTATION 17
OF AN ANNUAL CLINICAL ST AFFING PLAN THAT: 18
(I) IS BASED ON PATIENT NEE DS; 19
(II) ESTABLISHES SPECIFIC GUIDELINES OR RATIOS , 20
MATRICES, OR GRIDS INDICATING HOW MANY PATIENTS SHOULD BE ASSIGNED TO 21
EACH REGISTERED NURS E; AND 22
(III) ESTABLISHES T HE NUMBER OF REGISTE RED NURSES , 23
LICENSED PRACTICAL N URSES, CERTIFIED NURSING AS SISTANTS, AND ANCILLARY 24
MEMBERS OF THE FRONT LINE TEAM THAT SHOULD BE PRESENT ON EACH UNIT AND 25
DURING EACH SHIFT ; 26
(2) DEVELOP A PROCESS FOR REEVALUAT ING AND AMEND ING THE 27
CLINICAL STAFFING PL AN AS NECESSARY; 28
HOUSE BILL 1194 5
(3) ESTABLISH RULES AND CRITERIA T O PROVIDE FOR EMPLOY EE 1
CONFIDENTIALITY DURI NG A REVIEW OF A CLI NICAL STAFFING PLAN; AND 2
(4) DEVELOP A PROCESS FOR RECEIVING, RESOLVING, AND 3
TRACKING COMPLAINTS REGARDING THE CLINICAL STAFFIN G PLAN. 4
(B) IN DEVELOPING THE CLINICAL STAFFING PL AN, THE CLINICAL 5
STAFFING COMMITTEE SHALL CONSIDER : 6
(1) THE AVERAGE NUMBER OF PATIENTS O N EACH UNIT ON EACH 7
SHIFT DURING THE IMMEDIATELY PRECEDIN G YEAR AND RELEVANT INFORMATION 8
REGARDING PATIENT DISCHARGES , POTENTIAL ADMISSIONS , AND TRANSFERS ; 9
(2) THE AVERAGE LEVEL OF ACUITY FOR PATIENTS ON EACH UNIT ON 10
EACH SHIFT DURING THE IMMEDIATELY PRECEDIN G YEAR AND THE 11
CORRESPONDING LEVEL OF NURSING CARE REQUIRED; 12
(3) AN ESTIMATE OF THE APPROPRIATE COMBINATION OF SKILL, 13
EXPERIENCE LEVEL, AND SPECIALTY CERTIF ICATION OR TRAINING OF STAFF FOR 14
EACH UNIT ON EACH SH IFT THAT IS REQUIRED TO ADEQUATELY PROVIDE C ARE; 15
(4) THE NEED FOR SPECIALI ZED INTENSIVE EQUIPM ENT; 16
(5) THE ARCHITECTURE AND LAYOUT OF A PATIENT CARE UNIT, 17
INCLUDING PLACEMENT OF PATIENT ROOMS , TREATMENT AREAS , NURSING 18
STATIONS, MEDICATION PREPARATI ON AREAS, AND EQUIPMENT ; 19
(6) MECHANISMS AND PROCED URES REQUIRED TO PROVIDE 20
ONE–TO–ONE PATIENT OBSERVAT ION OR CARE, AS APPROPRIATE , FOR PATIENTS ON 21
PSYCHIATRIC OR OTHER UNITS; 22
(7) MEASURES TO IMPROVE A ND ENSURE WORKER AND PATIENT 23
SAFETY; 24
(8) SPECIAL CHARACTERISTICS OF E ACH UNIT OR PATIENT 25
COMMUNITY POPULATION , INCLUDING PATIENT AG E, CULTURAL OR LINGUIST IC 26
DIVERSITY AND NEEDS , FUNCTIONAL ABILITY , COMMUNICATION SKILLS , OR OTHER 27
RELEVANT SOCIAL OR S OCIOECONOMIC FACTORS ; 28
(9) STAFFING GUIDELINES A DOPTED OR PUBLISHED IN OTHE R 29
STATES OR LOCAL JURI SDICTIONS OR BY NATIONAL NURSING PROFESSIONAL 30
ASSOCIATIONS, SPECIALTY NURSING OR GANIZATIONS, OR OTHER HEALTH 31
PROFESSIONAL ORGANIZ ATIONS; 32 6 HOUSE BILL 1194
(10) AVAILABILITY OF OTHER PERSONNEL SUPPORTING NURSING 1
SERVICES ON EACH UNIT; 2
(11) WAIVER OF PLAN REQUIR EMENTS IN CASE OF UN FORESEEABLE 3
EMERGENCY CIRCUMSTAN CES; 4
(12) COVERAGE TO ENABLE RE GISTERED NURSES , LICENSED 5
PRACTICAL NURSES , AND ANCILLARY MEMBER S OF THE FRONTLINE T EAM TO TAKE 6
MEAL AND REST BREAKS AND PLANNED TIME OFF , AND TO ACCOMMODATE 7
UNPLANNED ABSENCES T HAT ARE REASONABLY F ORESEEABLE ; 8
(13) GENERAL HOSPITAL FINA NCES AND RESOURCES ; AND 9
(14) PROVISIONS FOR LIMITE D SHORT–TERM ADJUSTMENTS MAD E BY 10
APPROPRIATE HOSPITAL PERSONNEL OVERSEEING PATIENT CARE OPERATIONS TO 11
THE STAFFING LEVELS REQUIRED BY A CLINIC AL STAFFING PLAN NEC ESSARY TO 12
ACCOUNT FOR UNEXPECT ED CHANGES IN CIRCUM STANCES THAT ARE TO BE OF 13
LIMITED DURATION . 14
(C) (1) A CLINICAL STAFFING PL AN SHALL COMPLY WITH ALL FEDERAL 15
AND STATE LAWS AND REGULATIONS . 16
(2) A CLINICAL STAFFING PL AN SHALL COMPLY WITH AND 17
INCORPORATE ANY MINI MUM STAFFING LEVELS PROVIDED FOR IN APPLICABLE 18
COLLECTIVE BARGAININ G AGREEMENT S, INCLUDING: 19
(I) NURSE–TO–PATIENT RATIOS ; 20
(II) CAREGIVER–TO–PATIENT RATIOS ; 21
(III) STAFFING GRIDS; 22
(IV) STAFFING MATRICES ; AND 23
(V) ANY OTHER APPLICABLE STAFFING PROVISION . 24
(D) AT LEAST EVERY 6 MONTHS, THE CLINICAL STAFFING COMMITTEE 25
SHALL CONDUCT A REVIEW OF THE CLINICAL STAFFIN G PLAN BY COMPARING THE 26
CLINICAL STAFFING PLAN TO PATIENT NEEDS AND EV IDENCE–BASED STAFFING 27
INFORMATION . 28
HOUSE BILL 1194 7
(E) THE CLINICAL STAFFING COMMITTEE SHALL REVIEW , ASSESS, AND 1
RESOLVE COMPLAINTS REGARDING POTENTIAL VIOLATIONS OF A CLINICAL 2
STAFFING PLAN , STAFFING VARIATIONS , OR OTHER CONCERNS RE GARDING T HE 3
IMPLEMENTATION OF THE CLINICAL STAFFING PLAN. 4
19–392. 5
(A) ON OR BEFORE JUNE 1 EACH YEAR , THE CLINICAL STAFFIN G 6
COMMITTEE OF EACH HOSPITAL SHALL DEVELOP THE HOSPITAL ’S CLINICAL 7
STAFFING PLAN . 8
(B) EXCEPT AS PROVIDED IN SUBSECTION (C)(1) OF THIS SECTION , ON OR 9
BEFORE JUNE 15 EACH YEAR, THE CLINICAL STAFFIN G COMMITTEE SHALL AD OPT A 10
CLINICAL STAFFING PL AN BY A MAJORITY VOTE OF THE CLINICAL STAF FING 11
COMMITTEE . 12
(C) (1) IF A CLINICAL STAFFING COMMITTEE IS UNABLE TO ADOPT A 13
CLINICAL STAFFING PLAN AS REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION, 14
THE CHIEF EXECUTIVE OFFICER OF THE HOSPI TAL SHALL ADOPT A CLINICAL 15
STAFFING PLAN THAT MEETS THE REQUI REMENTS OF THIS SUBT ITLE NOT LATER 16
THAN JUNE 30. 17
(2) IF A CHIEF EXECUTIVE OFFICER ADOPTS A CLI NICAL STAFFING 18
PLAN UNDER THIS PARAGRAPH (1) OF THIS SUBSECTION , THE CHIEF EXECUTIVE 19
OFFICER SHALL ADOPT A PLAN THAT : 20
(I) IF PRACTICABLE , IS BASED ON A CLINICAL STAFFING PLAN 21
THAT WAS PREVIOUSLY ADOPTED BY THE C LINICAL STAFFING COM MITTEE AS A 22
BASIS FOR THE NEW CLINICAL STAFFIN G PLAN; AND 23
(II) INCORPORATE S ANY STAFFING –RELATED TERMS AND 24
CONDITIONS THAT HAVE BEEN ADOPTED PREVIOUSLY THROUGH A COLLECTIVE 25
BARGAINING AGREEMENT . 26
(D) (1) ON OR BEFORE JULY 31 EACH YEAR, EACH HOSPITAL SHALL 27
SUBMIT TO THE COMMISSION: 28
(I) THE CLINICAL STAFFING PL AN; 29
(II) DATA FROM THE IMMEDIATELY PRECEDING YEAR 30
REGARDING THE FREQUE NCY AND DURATION OF VARIATIONS FROM THE ADOPTED 31
CLINICAL STAFFING PL AN; AND 32
8 HOUSE BILL 1194
(III) THE NUMBER OF COMPLAI NTS RECEIVED DURING THE 1
IMMEDIATELY PRECEDIN G YEAR RELATING TO THE CLIN ICAL STAFFING PLAN A ND 2
THE DISPOSITION OF E ACH COMPLAINT . 3
(2) (I) ON OR BEFORE AUGUST 14 EACH YEAR, THE COMMISSION 4
SHALL INCLUDE ON ITS WEBSITE EACH CLINICAL STA FFING PLAN SUBMITTED 5
UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 6
(II) IF A HOSPITAL’S CLINICAL STAFFING PLAN IS AMENDED 7
FOR ANY REASON DURING THE YEAR , THE HOSPITAL SHALL S UBMIT TO THE 8
COMMISSION AN UPDATED CLINICAL STAFFING PL AN IN A TIMELY MANNE R. 9
(III) THE COMMISSION SHALL INCLUDE ON ITS WEBSITE ANY 10
CLINICAL STAFFING PL AN THAT IS UPDATED UNDE R THIS PARAGRAPH IN A TIMELY 11
MANNER. 12
19–393. 13
(A) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2026, EACH 14
HOSPITAL SHALL : 15
(1) IMPLEMENT THE CLINICA L STAFFING PLAN ADOP TED UNDER § 16
19–392 OF THIS SUBTITLE ; AND 17
(2) ASSIGN PERSONNEL TO E ACH PATIENT CARE UNI T IN 18
ACCORDANCE WITH THE CLINICAL STAFFING PL AN. 19
(B) A REGISTERED NURSE , A LICENSED PRACTICAL N URSE, AN ANCILLARY 20
MEMBER OF THE FRONTL INE TEAM , OR AN APPLICABLE EXCLUS IVE 21
REPRESENTATIVE MAY SUBMIT A COMPLAINT TO THE CLINICAL STAFFING 22
COMMITTEE REGARDING ANY VARIATION WHERE PERSONNEL ASSIGNMENT IN A 23
PATIENT CARE UNIT IS NOT IN ACCORDANCE WI TH THE ADOPTED CLIN ICAL 24
STAFFING PLAN . 25
(C) THE CLINICAL STAFFING COMMITTEE SHALL DETE RMINE, BY A 26
MAJORITY VOTE , WHETHER A COMPLAINT HAS BEEN ADEQUATELY RESOLVED . 27
19–394. 28
(A) ON OR BEFORE JANUARY 1 EACH YEAR, EACH HOSPITAL SH ALL POST IN 29
A PUBLICLY ACCESSIBL E AND CONSPICUOUS AREA ON EACH PATIENT UNIT TH E 30
CLINICAL STAFFING PL AN FOR THE UNIT AND THE ACTUAL DAILY STA FFING FOR 31
EACH SHIFT ON THE UN IT. 32 HOUSE BILL 1194 9
(B) IF A CLINICAL STAFFIN G PLAN FOR A UNIT IS AMENDED AFTER IT IS 1
IMPLEMENT ED, THE HOSPITAL SHALL P OST THE AMENDED CLI NICAL STAFFING 2
PLAN FOR THE UNIT IN A TIMELY MANNER . 3
19–395. 4
A HOSPITAL MAY NOT RET ALIATE AGAINST OR ENGAGE IN ANY FORM O F 5
INTIMIDATION OF : 6
(1) AN EMPLOYEE FOR PERFO RMING DUTIES OR RESP ONSIBILITIES 7
IN CONNECTION WITH T HE CLINICAL STAFFING COMMITTEE; OR 8
(2) AN EMPLOYEE, A PATIENT, OR OTHER INDIVIDUAL WHO NOTIFIES 9
THE CLINICAL STAFFIN G COMMITTEE OR THE H OSPITAL ADMINISTRATI ON OF THE 10
INDIVIDUAL’S STAFFING CONCERNS . 11
19–396. 12
(A) ON RECEIPT OF A COMPL AINT WITH SUPPORTING EVIDENCE, THE 13
COMMISSION SHALL INVE STIGATE AN ALLEGED FAILURE: 14
(1) OF A HOSPITAL TO ESTABLISH A CLINICAL STAFFING COMMITTEE 15
AS REQUIRED; 16
(2) OF A HOSPITAL T O COMPLY WITH THE REQUI REMENTS OF THIS 17
SUBTITLE IN CREATING A CLINICAL STAFFING PLAN; 18
(3) OF A HOSPITAL TO IMPLEMENT ALL OR PART OF AN ADOPTED 19
CLINICAL STAFFING PL AN; 20
(4) OF A CLINICAL STAFFING COMMITTEE TO C ONDUCT A REVIEW OF 21
A CLINICAL STAFFING PLAN UNDER § 19–391(D) OF THIS SUBTITLE; OR 22
(5) OF A HOSPITAL TO S UBMIT TO THE COMMISSION ANY RELEVANT 23
UPDATES TO A CLINICAL STAFFI NG PLAN. 24
(B) IF THE COMMISSION RECEIVES A COMPLAINT OF UNRESOLVED 25
COMPLAINTS RELATING TO A CLINICAL STAFFI NG PLAN, THE COMMISSION SHA LL 26
INITIATE AN INVESTIG ATION IF THE COMPLAI NT RELATES TO: 27
(1) COMPLIANCE WITH AN ADOPTED CLINICAL STAFFING PL AN; 28
10 HOUSE BILL 1194
(2) PERSONNEL ASSIGNMENTS IN A PATIENT CARE UN IT OR 1
STAFFING LEVELS ; OR 2
(3) ANY OTHER MATTER REQU IRED TO BE INCLUDED IN A CLINICAL 3
STAFFING PLAN IN ACC ORDANCE WITH THIS SU BTITLE. 4
(C) IF THE COMMISSION INITIATES AN INVESTIGATION UNDER SUBSECTION 5
(B) OF THIS SECTION , THE COMMISSION SHALL DETE RMINE WHETHER THERE IS A 6
PATTERN OF FAILURE O N THE PART OF A CLIN ICAL STAFFING COMMIT TEE OR A 7
HOSPITAL: 8
(1) TO RESOLVE COMPLAINTS SUBMITTED TO THE CLI NICAL 9
STAFFING COMMITTEE ; OR 10
(2) TO ADOPT A CLINICAL STAFFING PLAN UNDER § 19–392 OF THIS 11
SUBTITLE. 12
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 13
THE COMMISSION SHALL REQUIRE THE HOSPITAL TO SUBMIT A CORRECTI VE 14
ACTION PLAN WITHIN 45 DAYS AFTER THE COMMISSION’S NOTIFICATION OF A 15
VIOLATION IF: 16
(I) THERE HAS BEEN A DETE RMINATION OF A VIOLA TION 17
UNDER THIS SUBTITLE ; OR 18
(II) THE COMMISSION FINDS UNDER SUBSECTION (C) OF THIS 19
SECTION THAT THE CLINICAL ST AFFING COMMITTEE IS RESPONSIBLE FOR A 20
PATTERN OF UNRESOLVED C OMPLAINTS. 21
(2) THE COMMISSION MAY NOT RE QUIRE THE HOSPITAL T O SUBMIT A 22
CORRECTIVE PLAN OF A CTION IF THE COMMISSION FINDS THAT THE MEMBERS OF 23
THE CLINICAL STAFFIN G COMMITTEE WHO ARE ANCILLARY MEMBERS OF THE 24
FRONTLINE TEAM WERE RESPONSIBLE FOR : 25
(I) THE CLINICAL STAFFING COMMITTEE FAILING TO RESOLVE 26
COMPLAINTS ; OR 27
(II) A PATTERN OF FAILING TO ADOPT A CLINICAL STA FFING 28
PLAN. 29
(E) IN DETERMINING WHETHER A VIOLATION OCCURRED, THE 30
COMMISSION SHALL CONS IDER WHETHER AN UNFO RESEEABLE EMERGENCY 31 HOUSE BILL 1194 11
CIRCUMSTANCE WAS A M ITIGATING FACTOR AFFECTING THE HOSPITAL’S ABILITY 1
TO FOLLOW AN ADOPTED CLINICAL STAFFING PL AN. 2
19–397. 3
(A) IF A HOSPITAL FAILS T O SUBMIT A CORRECTIV E ACTION PLAN IN 4
ACCORDANCE WITH § 19–396 OF THIS SUBTITLE , THE COMMISSION MAY IMPOSE A 5
CIVIL PENALTY NOT EXCEEDING $3,000 FOR EACH VIOLATION. 6
(B) THE COMMISSION SHALL MAIN TAIN FOR PUBLIC INSP ECTION AND 7
INCLUDE ON THE COMMISSION’S WEBSITE A RECORD O F ANY CIVIL PENALTY 8
IMPOSED IN ACCORDANC E WITH THIS SUBTITLE . 9
19–398. 10
(A) ON OR BEFORE DECEMBER 31 EACH YEAR, BEGINNING IN 2025, THE 11
COMMISSION SHALL SUBM IT A REPORT TO THE GOVERNOR, THE SECRETARY, AND, 12
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 13
GENERAL ASSEMBLY. 14
(B) THE REPORT REQUIRED UNDER SUBSECTION (A) OF THIS SECTION 15
SHALL INCLUDE , FOR THE IMMEDIATELY PRECEDING CALENDAR Y EAR: 16
(1) THE NUMBER OF COMPLAI NTS SUBMITTED TO THE COMMISSION 17
REGARDING A CLINICAL STAFFING COMMITTEE O R CLINICAL STAFFING PLAN; 18
(2) THE NUMBER OF INVESTI GATIONS CONDUCTED BY THE 19
COMMISSION UNDER § 19–396 OF THIS SUBTITLE; 20
(3) THE DISPOSITION OF CO MPLAINTS SUBMITTED TO THE 21
COMMISSION REGARDING A CLINICAL STAFFING COMMITTEE OR CLINICAL 22
STAFFING PLAN ; AND 23
(4) THE ASSOCIATED COSTS FOR CONDUCTING INVES TIGATIONS AND 24
RESOLVING COMPLAINT S UNDER THIS SUBTITLE . 25
(C) BEFORE SUBMITTING THE REPORT REQUIRED UNDER SUBSE CTION (A) 26
OF THIS SECTION , THE COMMISSION SHALL CONV ENE A STAKEHOLDER 27
WORKGROUP CONSISTING OF HOSPITAL ASSOCIAT IONS AND UNIONS 28
REPRESENTING NURSES OR ANCILLARY MEMBERS OF THE FRONTLINE TEA M FOR 29
THE PURPOSES OF REVI EWING THE REPORT. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2024. 32