Maryland 2024 Regular Session

Maryland House Bill HB1263 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb1263
9	6
10	7		HOUSE BILL 1263
11	8		J3 4lr3319
12	9		CF SB 952
13		-	By: Delegate Pasteur Delegates Pasteur, Alston, Bagnall, Bhandari, Chisholm,
14		-	Cullison, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr, Kipke,
15		-	R. Lewis, Lopez, Martinez, M. Morgan, Pena–Melnyk, Reilly, Rosenberg,
16		-	Szeliga, Taveras, and White Holland
	10	+	By: Delegate Pasteur
17	11		Introduced and read first time: February 8, 2024
18	12		Assigned to: Health and Government Operations
19		-	Committee Report: Favorable with amendments
20		-	House action: Adopted
21		-	Read second time: March 24, 2024
22	13
23		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
24	15
25	16		AN ACT concerning 1
26	17
27	18		Assisted Living Programs – Assisted Living Referrers – Requirements and 2
28	19		Prohibitions 3
29	20
30	21		FOR the purpose of establishing certain requirements for assisted living referrers, 4
31	22		including requirements related to the maintenance of general liability insurance, 5
32		-	criminal history records checks, and the maintenance and provision of certain 6
33		-	agreements and documents, and assisted living program tours descriptions of 7
34		-	services; prohibiting an assisted living referrer from requesting payment for a 8
35		-	referral after a certain time period; requiring the Office of Health Care Quality to 9
36		-	maintain a certain database of approved assisted living programs for a certain 10
37		-	purpose; requiring an assisted living referrer to comply with certain data privacy 11
38		-	requirements on certain dates; and generally relating to assisted living referrers and 12
39		-	assisted living programs. 13
	23	+	criminal history records checks, the maintenance and provision of certain 6
	24	+	agreements and documents, and assisted living program tours; prohibiting an 7
	25	+	assisted living referrer from requesting payment for a referral after a certain time 8
	26	+	period; requiring the Office of Health Care Quality to maintain a certain database of 9
	27	+	approved assisted living programs for a certain purpose; and generally relating to 10
	28	+	assisted living referrers and assisted living programs. 11
40	29
41		-	BY repealing and reenacting, with amendments, 14
42		-	Article – Health – General 15
43		-	Section 19–1813 16
44		-	Annotated Code of Maryland 17
45		-	(2023 Replacement Volume) 18
	30	+	BY repealing and reenacting, with amendments, 12
	31	+	Article – Health – General 13
	32	+	Section 19–1813 14
	33	+	Annotated Code of Maryland 15
	34	+	(2023 Replacement Volume) 16
46	35
47		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
48		-	That the Laws of Maryland read as follows: 20 2 HOUSE BILL 1263
	36	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
	37	+	That the Laws of Maryland read as follows: 18
	38	+
	39	+	Article – Health – General 19
	40	+
	41	+	19–1813. 20
	42	+
	43	+	(a) In this section, “assisted living referrer” means an individual or agency that: 21
	44	+
	45	+	(1) Makes referrals to assisted living programs without cost to the person 22
	46	+	receiving the referral; and 23
	47	+	2 HOUSE BILL 1263
49	48
50	49
	50	+	(2) Is compensated by an assisted living program or other third party for 1
	51	+	referring individuals to a licensed assisted living program. 2
51	52
52		-	~~Article – Health – General 1~~
	53	+	(b) Each assisted living referrer: 3
53	54
54		-	~~19–1813. 2~~
	55	+	(1) Shall register with the Office of Health Care Quality; 4
55	56
56		-	(a) In this section, “assisted living referrer” means an individual or agency that: 3
	57	+	(2) Shall disclose to a client or potential client of the assisted living referrer 5
	58	+	all financial relationships the assisted living referrer has with assisted living programs; 6
57	59
58		-	(1) ~~Makes referrals~~ to assisted living ~~programs without cost to the person 4~~
59		-	~~receiving~~ the ~~referral~~; ~~and 5~~
	60	+	(3) If referring a client or potential client to an assisted living program, 7
	61	+	shall affirm that the assisted living program is licensed; 8
60	62
61		-	(2) ~~Is compensated by~~ an assisted living program ~~or other third party for 6~~
62		-	~~referring individuals~~ to a licensed assisted living program~~. 7~~
	63	+	(4) If referring a client or potential client to an assisted living program, 9
	64	+	may refer the client or potential client only to a licensed assisted living program; [and] 10
63	65
64		-	(b) ~~Each assisted living referrer:~~ 8
	66	+	(5) SHALL MAINTAIN GENERA L LIABILITY INSURANC E; 11
65	67
66		-	(1) Shall register with the Office of Health Care Quality; 9
	68	+	(6) SHALL REQUIRE EMPLOYE ES TO OBTAIN A CRIMI NAL HISTORY 12
	69	+	RECORDS CHECK ; 13
67	70
68		-	(2) Shall disclose to a client or potential client of the assisted living referrer 10
69		-	all financial relationships the assisted living referrer has with assisted living programs; 11
	71	+	(7) SHALL SIGN A FEDERAL HEALTH INSURANCE PORTABILITY AND 14
	72	+	ACCOUNTABILITY ACT AGREEMENT WITH TH E CLIENT OR THE CLIE NT’S 15
	73	+	REPRESENTATIVE ; 16
70	74
71		-	(3) If referring a client or potential client to an assisted living program, 12
72		-	shall affirm that the assisted living program is licensed; 13
	75	+	(8) SHALL MAINTAIN A SIGN ED, WRITTEN, AND DATE D DOCUMENT 17
	76	+	BETWEEN THE ASSISTED LIVING REFERRER AND THE CLIENT OR THE CL IENT’S 18
	77	+	REPRESENTATIVE OUTLI NING THE TERMS OF AS SISTANCE PROVIDED BY THE 19
	78	+	ASSISTED LIVING REFE RRER; AND 20
73	79
74		-	(4) ~~If referring a client or potential client to an assisted living program, 14~~
75		-	~~may refer~~ the ~~client or potential client only to a licensed~~ assisted living program~~; [and] 15~~
	80	+	[(5)] (9) Shall notify the Office of Health Care Quality immediately on 21
	81	+	learning that the assisted living program is operating without a license. 22
76	82
77		-	(5) SHALL MAINTAIN GENERA L LIABILITY INSURANCE; 16
	83	+	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ASSISTED 23
	84	+	LIVING REFERRER MAKI NG A REFERRAL TO AN ASSISTED LIVING PROG RAM SHALL 24
	85	+	ARRANGE AND FACILITA TE A TOUR OF THE ASS ISTED LIVING PROGRAM FOR THE 25
	86	+	CLIENT AND THE CLIEN T’S FAMILY. 26
78	87
79		-	(6) SHALL REQUIRE EMPLOYE ES TO OBTAIN A CRIMI NAL HISTORY 17
80		-	RECORDS CHECK ; 18
	88	+	(2) DURING THE TOUR REQUI RED UNDER PARAGRAPH (1) OF THIS 27
	89	+	SUBSECTION, A REPRESENTATIVE OF THE ASSISTED LIVING REFERRER AND A 28
	90	+	REPRESENTATIVE OF TH E ASSISTED LIVING PR OGRAM SHALL BE PRESE NT. 29
81	91
82		-	(7) SHALL SIGN A FEDERAL HEALTH INSURANCE PORTABILITY AND 19
83		-	ACCOUNTABILITY ACT AGREEMENT WITH TH E CLIENT OR THE CLIE NT’S 20
84		-	REPRESENTATIVE ; 21
85		-
86		-	(8) SHALL MAINTAIN A SIGN ED, WRITTEN, AND DATED DOCUMENT 22
87		-	BETWEEN THE ASSISTED LIVING REFERRER AND THE CLIENT OR THE CL IENT’S 23
88		-	REPRESENTATIVE OUTLI NING THE TERMS OF AS SISTANCE PROVIDED BY THE 24
89		-	ASSISTED LIVING REFE RRER; AND 25
90		-
91		-	(7) SHALL PROVIDE TO THE CLIENT OR THE CLIENT ’S 26
92		-	REPRESENTATIVE A DESCRIPTION OF THE SERVICES THAT WILL B E PROVIDED BY 27
93		-	THE REFERRER ; 28
94		-
95		-	(8) IF THE REFERRER HAS A FINANCIAL AGREEMENT WITH THE 29
96		-	CLIENT OR THE CLIENT ’S REPRESENTATIVE , SHALL PROVIDE THE AG REEMENT TO 30 HOUSE BILL 1263 3
	92	+	[(c)] (D) An assisted living referrer may not: 30
	93	+	HOUSE BILL 1263 3
97	94
98	95
99		-	~~THE CLIENT OR~~ THE ~~CL IENT’S REPRESENTATIVE IN WRITING OR BY ELECTRONIC~~ 1
100		-	~~MEANS~~; ~~AND~~ 2
	96	+	(1) Receive funding from the Department if the assisted living referrer is 1
	97	+	in violation of this subtitle; [or] 2
101	98
102		-	[(5)] (9) Shall notify the Office of Health Care Quality immediately on 3
103		-	learning that the assisted living program is operating without a license. 4
	99	+	(2) Make referrals only to licensed assisted living programs from which the 3
	100	+	assisted living referrer receives compensation as described in subsection (a)(2) of this 4
	101	+	section; OR 5
104	102
105		-	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ASSISTED 5
106		-	LIVING REFERRER MAKING A REFERRAL TO AN ASSISTED LIVING P ROGRAM SHALL 6
107		-	ARRANGE AND FACILITA TE A TOUR OF THE ASS ISTED LIVING PROGRAM FOR THE 7
108		-	CLIENT AND THE CLIEN T’S FAMILY. 8
	103	+	(3) REQUEST PAYMENT OF A REFERRAL FEE FROM AN ASSISTED 6
	104	+	LIVING PROGRAM MORE THAN 1 YEAR AFTER THE ASSIS TED LIVING REFERRER 7
	105	+	PROVIDED THE REFERRA L. 8
109	106
110		-	(2) ~~DURING~~ THE ~~TOUR REQUI RED UNDER PARAGRAPH (1)~~ OF ~~THIS~~ 9
111		-	~~SUBSECTION, A REPRESENTATIVE OF THE~~ ASSISTED LIVING ~~REFE RRER AND A~~ 10
112		-	~~REPRESENTATIVE OF TH E ASSISTED LIVING PR OGRAM SHALL BE PRESE NT~~. 11
	107	+	[(d)] (E) If requested by any person or on its own initiative, the Office of the 9
	108	+	Attorney General may investigate whether an assisted living referrer violated this subtitle 10
	109	+	and may seek appropriate relief. 11
113	110
114		-	[(c)] (D) An assisted living referrer may not: 12
	111	+	(F) THE OFFICE OF HEALTH CARE QUALITY SHALL MAINTAI N A 12
	112	+	USER–FRIENDLY DATABASE OF LICENSED ASSISTED LIVING PROGRAMS AND 13
	113	+	ENSURE THAT EACH ASS ISTED LIVING REFERRE R HAS ACCESS TO THE DATABASE. 14
115	114
116		-	(1) Receive funding from the Department if the assisted living referrer is 13
117		-	in violation of this subtitle; [or] 14
118		-
119		-	(2) Make referrals only to licensed assisted living programs from which the 15
120		-	assisted living referrer receives compensation as described in subsection (a)(2) of this 16
121		-	section; OR 17
122		-
123		-	(3) REQUEST PAYMENT OF A REFERRAL FEE FROM AN ASSISTED 18
124		-	LIVING PROGRAM M ORE THAN 1 YEAR 2 YEARS AFTER THE ASSISTED L IVING 19
125		-	REFERRER PROVIDED TH E REFERRAL. 20
126		-
127		-	[(d)] (E) If requested by any person or on its own initiative, the Office of the 21
128		-	Attorney General may investigate whether an assisted living referrer violated this subtitle 22
129		-	and may seek appropriate relief. 23
130		-
131		-	(F) (E) THE OFFICE OF HEALTH CARE QUALITY SHALL MAINTAI N A 24
132		-	USER–FRIENDLY DATABASE OF LICENSED ASSISTED LI VING PROGRAMS AND 25
133		-	ENSURE THAT EACH ASS ISTED LIVING REFERRE R HAS ACCESS TO THE DATABASE. 26
134		-
135		-	(F) (1) ON OR BEFORE SEPTEMBER 30, 2025, AN ASSISTED LIVING 27
136		-	REFERRER: 28
137		-
138		-	(I) SHALL KEEP A CLIENT ’S OR POTENTIAL CLIEN T’S MEDICAL 29
139		-	RECORD, AS DEFINED IN § 4–301 OF THIS ARTICLE , CONFIDENTIAL AND MAY 30
140		-	DISCLOSE THE MEDICAL RECORD ONLY FOR THE PURPOSE OF MAKING A REFERRAL 31
141		-	IF THE CLIENT OR POTENTIAL CL IENT GIVES INFORMED WRITTEN, ELECTRONIC, OR 32
142		-	AUDIO RECORDED CONSE NT; AND 33
143		-	4 HOUSE BILL 1263
144		-
145		-
146		-	(II) MAY NOT SELL THE PERS ONAL DATA OF A CLIEN T, 1
147		-	POTENTIAL CLIENT , OR CLIENT’S REPRESENTATIVE TO ANOTHER PERSON UNLES S 2
148		-	THE CLIENT OR THE CL IENT’S REPRESENTATIVE GIVES INFORMED WRITT EN, 3
149		-	ELECTRONIC, OR AUDIO RECORDED CO NSENT. 4
150		-
151		-	(2) ON OR AFTER OCTOBER 1, 2025, AN ASSISTED LIVING R EFERRER 5
152		-	SHALL COMPLY WITH AL L APPLICABLE DATA PR IVACY LAWS. 6
153		-
154		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
155		-	October 1, 2024. 8
156		-
157		-
158		-
159		-
160		-	Approved:
161		-	________________________________________________________________________________
162		-	Governor.
163		-	________________________________________________________________________________
164		-	Speaker of the House of Delegates.
165		-	________________________________________________________________________________
166		-	President of the Senate.
	115	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
	116	+	October 1, 2024. 16