EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1263*
HOUSE BILL 1263
J3 4lr3319
CF SB 952
By: Delegate Pasteur
Introduced and read first time: February 8, 2024
Assigned to: Health and Government Operations
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, the maintenance and provision of certain 6
agreements and documents, and assisted living program tours; prohibiting an 7
assisted living referrer from requesting payment for a referral after a certain time 8
period; requiring the Office of Health Care Quality to maintain a certain database of 9
approved assisted living programs for a certain purpose; and generally relating to 10
assisted living referrers and assisted living programs. 11
BY repealing and reenacting, with amendments, 12
Article – Health – General 13
Section 19–1813 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
19–1813. 20
(a) In this section, “assisted living referrer” means an individual or agency that: 21
(1) Makes referrals to assisted living programs without cost to the person 22
receiving the referral; and 23
2 HOUSE BILL 1263
(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 GENERA L LIABILITY INSURANC E; 11
(6) SHALL REQUIRE EMPLOYE ES TO OBTAIN A CRIMI NAL HISTORY 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 ; 16
(8) SHALL MAINTAIN A SIGN ED, WRITTEN, AND DATE D DOCUMENT 17
BETWEEN THE ASSISTED LIVING REFERRER AND THE CLIENT OR THE CL IENT’S 18
REPRESENTATIVE OUTLI NING THE TERMS OF AS SISTANCE PROVIDED BY THE 19
ASSISTED LIVING REFE RRER; AND 20
[(5)] (9) Shall notify the Office of Health Care Quality immediately on 21
learning that the assisted living program is operating without a license. 22
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ASSISTED 23
LIVING REFERRER MAKI NG A REFERRAL TO AN ASSISTED LIVING PROG RAM SHALL 24
ARRANGE AND FACILITA TE A TOUR OF THE ASS ISTED LIVING PROGRAM FOR THE 25
CLIENT AND THE CLIEN T’S FAMILY. 26
(2) DURING THE TOUR REQUI RED UNDER PARAGRAPH (1) OF THIS 27
SUBSECTION, A REPRESENTATIVE OF THE ASSISTED LIVING REFERRER AND A 28
REPRESENTATIVE OF TH E ASSISTED LIVING PR OGRAM SHALL BE PRESE NT. 29
[(c)] (D) An assisted living referrer may not: 30
HOUSE BILL 1263 3
(1) Receive funding from the Department if the assisted living referrer is 1
in violation of this subtitle; [or] 2
(2) Make referrals only to licensed assisted living programs from which the 3
assisted living referrer receives compensation as described in subsection (a)(2) of this 4
section; OR 5
(3) REQUEST PAYMENT OF A REFERRAL FEE FROM AN ASSISTED 6
LIVING PROGRAM MORE THAN 1 YEAR AFTER THE ASSIS TED LIVING REFERRER 7
PROVIDED THE REFERRA L. 8
[(d)] (E) If requested by any person or on its own initiative, the Office of the 9
Attorney General may investigate whether an assisted living referrer violated this subtitle 10
and may seek appropriate relief. 11
(F) THE OFFICE OF HEALTH CARE QUALITY SHALL MAINTAI N A 12
USER–FRIENDLY DATABASE OF LICENSED ASSISTED LIVING PROGRAMS AND 13
ENSURE THAT EACH ASS ISTED LIVING REFERRE R HAS ACCESS TO THE DATABASE. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2024. 16