EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1020*
SENATE BILL 1020
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By: Senator A. Washington
Introduced and read first time: February 2, 2024
Assigned to: Finance
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
19–388. 23 2 SENATE BILL 1020
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) (1) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” MEANS AN 3
INDIVIDUAL WHOSE PRI MARY DUTIES INCLUDE SUPPORTING INDIVIDUA LS WHO 4
PROVIDE DIRECT PATIE NT CARE. 5
(2) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” INCLUDES: 6
(I) DIETARY WORKERS ; 7
(II) PATIENT CARE TECHNICI ANS; AND 8
(III) OTHER NONLICENSED STA FF ASSISTING WITH PA TIENT 9
CARE. 10
(C) “CLINICAL STAFFING COM MITTEE” MEANS THE COMMITTEE 11
ESTABLISHED BY A HOS PITAL IN ACCORDANCE WITH § 19–390 OF THIS SUBTITLE. 12
(D) “CLINICAL STAFFING PLA N” MEANS THE PLAN REQUI RED TO BE 13
DEVELOPED UNDER § 19–391 OF THIS SUBTITLE. 14
(E) “COMMISSION” MEANS THE HEALTH SERVICES COST REVIEW 15
COMMISSION ESTABLISHE D UNDER SUBTITLE 2 OF THIS TITLE. 16
(F) “UNFORESEEABLE EMERGEN CY CIRCUMSTANCE ” MEANS: 17
(1) AN OFFICIALLY DECLARE D NATIONAL , STATE, OR LOCAL 18
EMERGENCY ; 19
(2) AN EVENT THAT CAUSES A HOSPITAL TO ACTIVA TE THE 20
HOSPITAL’S DISASTER PLAN; OR 21
(3) A NATURAL OR MANMADE D ISASTER OR CATASTROP HIC EVENT 22
THAT IMMEDIATELY AFF ECTS OR INCREASES TH E NEED FOR HEALTH CA RE 23
SERVICES. 24
19–389. 25
THIS PART MAY NOT BE CONSTRUED TO : 26
SENATE BILL 1020 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 REPRESENTA TIVES TO ENFORCE RIG HTS CONFERRED UNDER THE 5
TERMS OF A COLLECTIV E BARGAINING AGREEMENT ; OR 6
(3) AFFECT MORE STRINGENT STANDARDS IN FEDERAL OR STATE 7
LAW OR REGULATION OR THE TERMS OF AN APPL ICABLE COLLECTIVE BA RGAINING 8
AGREEMENT . 9
19–390. 10
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 11
BEFORE JANUARY 1, 2025, EACH HOSPITAL LICENSED UN DER THIS TITLE SHALL 12
ESTABLISH AND MAINTA IN A CLINICAL STAFFI NG COMMITTEE . 13
(2) A HOSPITAL MAY COMPLY WITH THE REQUIREMENT UNDER 14
PARAGRAPH (1) OF THIS SUBSECTION B Y ASSIGNING THE DUTI ES OF A CLINICAL 15
STAFFING COMMITTEE T O 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 M UST BE COMPOSED OF R EGISTERED NURSES , LICENSED 19
PRACTICAL NURSES , CERTIFIED NURSING AS SISTANTS, AND ANCILLARY MEMBER S 20
OF THE FRONTLINE TEA M IN THE HOSPITAL . 21
(II) THE MEMBERSHIP DESCRI BED 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 T HE COLLEC TIVE BARGAINING 25
AGREEMENT ; OR 26
2. BY THE REGISTERED NUR SES, LICENSED PRACTICAL 27
NURSES, CERTIFIED NURSING AS SISTANTS, AND ANCILLARY MEMBER S OF THE 28
FRONTLINE TEAM WORKI NG IN THE HOSPITAL . 29
(2) THE REMAINDER OF THE MEMBERSHIP OF A CLIN ICAL STAFFING 30
COMMITTEE MUST BE COMPOS ED OF INDIVIDUALS EM PLOYED IN THE 31
ADMINISTRATION OF TH E HOSPITAL AND MAY I NCLUDE: 32
4 SENATE BILL 1020
(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 T HE CLINICAL STAFFING 6
COMMITTEE TO PARTICI PATE ON THE CLINICAL STAFFING COMMITTEE O UTSIDE 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 STAF FING COMMITTEE . 11
(2) A HOSPITAL SHALL COMPE NSATE EACH MEMBER OF THE 12
CLINICAL STAFFING CO MMITTEE AT AN APPROP RIATE RATE FOR TIME SPENT 13
PARTICIPATING ON A C LINICAL STAFFING COM MITTEE. 14
19–391. 15
(A) A CLINICAL STAFFING COMMIT TEE SHALL: 16
(1) DEVELOP AND PROVIDE O VERSIGHT FOR THE IMP LEMENTATION 17
OF AN ANNUAL CLINICA L STAFFING PLAN THAT : 18
(I) IS BASED ON PATIENT N EEDS; 19
(II) ESTABLISHES SPECIFIC GUIDELINES OR RATIOS , 20
MATRICES, OR GRIDS INDICATING HOW MANY PATIENTS SHOULD B E ASSIGNED TO 21
EACH REGISTERED NURS E; AND 22
(III) ESTABLISHES THE NUMBE R OF REGISTERED NURS ES, 23
LICENSED PRACTICAL N URSES, CERTIFIED NURSING AS SISTANTS, AND ANCILLARY 24
MEMBERS OF THE FRONT LINE TEAM THAT SHOUL D BE PRESENT ON EACH UNIT AND 25
DURING EACH SHIFT ; 26
(2) DEVELOP A PROCESS FOR REEVALUATING AND AME NDING THE 27
CLINICAL STAFFING PL AN AS NECESSARY ; 28
SENATE BILL 1020 5
(3) ESTABLISH RULES AND C RITERIA TO PROVIDE F OR EMPLOYEE 1
CONFIDENTIALITY DURI NG A REVIEW OF A CLI NICAL STAFFING PLAN ; AND 2
(4) DEVELOP A PROCESS FOR RECEIV ING, RESOLVING, AND 3
TRACKING COMPLAINTS REGARDING THE CLINIC AL STAFFING PLAN . 4
(B) IN DEVELOPING THE CLI NICAL STAFFING PLAN , THE CLINICAL 5
STAFFING COMMITTEE S HALL CONSIDER : 6
(1) THE AVERAGE NUMBER OF PATIENTS ON EACH UNI T ON EACH 7
SHIFT DURING THE IMMEDI ATELY PRECEDING YEAR AND RELEVANT INFORMA TION 8
REGARDING PATIENT DI SCHARGES, POTENTIAL ADMISSIONS , AND TRANSFERS ; 9
(2) THE AVERAGE LEVEL OF ACUITY FOR PATIENTS ON EACH UNIT ON 10
EACH SHIFT DURING TH E IMMEDIATELY PRECED ING YEAR AND THE 11
CORRESPONDING LEVEL OF NURSING CARE REQU IRED; 12
(3) AN ESTIMATE OF THE AP PROPRIATE COMBINATIO N 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 PROVID E CARE; 15
(4) THE NEED FOR SPECIALIZED INTENSIVE EQUIPMENT ; 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 REQ UIRED 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 CHARACTERISTI CS OF EACH UNIT OR P ATIENT 25
COMMUNITY POPULATI ON, 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 OTHER 29
STATES OR LOCAL JURI SDICTIONS OR BY NATIONAL NURSING PRO FESSIONAL 30
ASSOCIATIONS, SPECIALTY NURSING OR GANIZATIONS, OR OTHER HEALTH 31
PROFESSIONAL ORGANIZ ATIONS; 32 6 SENATE BILL 1020
(10) AVAILABILITY OF OTHER PERSONNEL SUPPORTING NURSING 1
SERVICES ON EACH UNI T; 2
(11) WAIVER OF PLAN REQUIR EMENTS IN CASE OF UNFORESEEABLE 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 FORESEEABLE ; 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 OPERATI ONS TO 11
THE STAFFING LEVELS REQUIRED BY A CLINIC AL STAFFING PLAN NECESSARY 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 REGULA TIONS. 16
(2) A CLINICAL STAFFING PL AN SHALL COMPLY WITH AND 17
INCORPORATE ANY MINI MUM STAFFING LEVELS PROVIDED FOR IN APPL ICABLE 18
COLLECTIVE BARGAININ G AGREEMENTS , 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 STAFFI NG PROVISION. 24
(D) AT LEAST EVERY 6 MONTHS, THE CLINICAL STAFFIN G COMMITTEE 25
SHALL CONDUCT A REVI EW OF THE CLINICAL S TAFFING PLAN BY COMP ARING THE 26
CLINICAL STAFFING PL AN TO PATIENT NEEDS AND EVIDENCE –BASED STAFFING 27
INFORMATION . 28
SENATE BILL 1020 7
(E) THE CLINICAL STAFFING COMMITTEE SHALL REVI EW, ASSESS, AND 1
RESOLVE COMPLAINTS R EGARDING POTENTIAL V IOLATIONS OF A CLINI CAL 2
STAFFING PLAN , STAFFING VARIATIONS , OR OTHER CONCERNS RE GARDING THE 3
IMPLEMENTATION OF TH E CLINICAL STAFFING PLAN. 4
19–392. 5
(A) ON OR B EFORE JUNE 1 EACH YEAR , THE CLINICAL STAFFIN G 6
COMMITTEE OF EACH HO SPITAL 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 SHA LL ADOPT A 10
CLINICAL STAFFING PL AN BY A MAJORITY VOT E OF THE CLINICAL ST AFFING 11
COMMITTEE . 12
(C) (1) IF A CLINICAL STAFFIN G COMMITTEE IS UNABL E TO ADOPT A 13
CLINICAL STAFFING PL AN AS REQUIRED UNDER SUBSECTION (B) OF THIS SECTION, 14
THE CHIEF EXECUTIVE OFFICER OF THE HOSPITAL SHALL A DOPT A CLINICAL 15
STAFFING PLAN THAT M EETS THE REQUIREMENT S OF THIS SUBTITLE N OT LATER 16
THAN JUNE 30. 17
(2) IF A CHIEF EXECUTIVE OFFICER ADOPTS A CLI NICAL STAFFING 18
PLAN UNDER THIS PARA GRAPH (1) OF THIS SUBSECTION , THE CHIEF EXECUTIVE 19
OFFICER SHALL ADOPT A P LAN THAT: 20
(I) IF PRACTICABLE , IS BASED ON A CLINIC AL STAFFING PLAN 21
THAT WAS PREVIOUSLY ADOPTED BY THE CLINI CAL STAFFING COMMITT EE AS A 22
BASIS FOR THE NEW CL INICAL STAFFING PLAN ; AND 23
(II) INCORPORATES ANY STAF FING–RELATED TERMS AND 24
CONDITIONS THAT HAVE BEEN ADOPTED PREVIOU SLY THROUGH A COLLEC TIVE 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 PLAN; 29
(II) DATA FROM THE IMMEDIA TELY PRECE DING YEAR 30
REGARDING THE FREQUE NCY AND DURATION OF VARIATIONS FROM THE ADOPTED 31
CLINICAL STAFFING PL AN; AND 32
8 SENATE BILL 1020
(III) THE NUMBER OF COMPLAI NTS RECEIVED DURING THE 1
IMMEDIATELY PRECEDIN G YEAR RELATING TO T HE CLINICAL STAFFING PLAN AND 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 CLINICA L STAFFING PLAN SUBM ITTED 5
UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 6
(II) IF A HOSPITAL’S CLINICAL STAFFING PLAN IS AMENDED 7
FOR ANY REASON DU RING 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 INCL UDE ON ITS WEBSITE A NY 10
CLINICAL STAFFING PL AN THAT IS UPDATED U NDER 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 PLAN. 19
(B) A REGISTERED NURSE , A LICENSED PRACTICAL NURSE, AN ANCILLARY 20
MEMBER OF THE FRONTL INE TEAM , OR AN APPLICABLE EXC LUSIVE 21
REPRESENTATIVE MAY S UBMIT A COMPLAINT TO THE CLINICAL STAFFIN G 22
COMMITTEE REGARDING ANY VARIATION WHERE PERSONNEL ASSIGNMENT IN A 23
PATIENT CARE UNIT IS NOT IN ACCORDANCE WI TH THE ADOPTED CLINI CAL 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 SHALL POST IN 29
A PUBLICLY ACCESSIBL E AND CONSPICUOUS AR EA ON EACH PATIENT U NIT THE 30
CLINICAL STAFFING PL AN FOR THE UNIT AND THE ACTUAL DAILY STA FFING FOR 31
EACH SHIFT ON THE UN IT. 32 SENATE BILL 1020 9
(B) IF A CLINICAL STAFFIN G PLAN FOR A UNIT IS AMENDED AFTER IT IS 1
IMPLEMENTED , THE HOSPITAL SHALL P OST THE AMENDED CLIN ICAL STAFFING 2
PLAN FOR THE UNIT IN A TIMELY MANNER . 3
19–395. 4
A HOSPITAL MAY NOT RET ALIATE AGAINST OR EN GAGE IN ANY FORM OF 5
INTIMIDATION OF : 6
(1) AN EMPLOYEE FOR PERFO RMING DUTIES OR R ESPONSIBILITIES 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 COMPLAIN T WITH SUPPORTING EV IDENCE, THE 13
COMMISSION SHALL INVE STIGATE AN ALLEGED F AILURE: 14
(1) OF A HOSPITAL TO ESTA BLISH A CLINICAL STA FFING COMMITTEE 15
AS REQUIRED; 16
(2) OF A HOSPITAL TO COMP LY WITH THE REQUIREM ENTS OF THIS 17
SUBTITLE IN CREATING A CLINICAL STAFFING PLAN ; 18
(3) OF A HOSPITAL TO IMPL EMENT ALL OR PART OF AN ADOPTED 19
CLINICAL STAFFING PL AN; 20
(4) OF A CLINICAL STAFFIN G COMMITTEE TO CONDU CT A REVIEW OF 21
A CLINICAL STAFFING PLAN UNDER § 19–391(D) OF THIS SUBTITLE; OR 22
(5) OF A HOSPITAL TO SUBMIT TO THE COMMISSION ANY RELEVA NT 23
UPDATES TO A CLINICA L STAFFING PLAN . 24
(B) IF THE COMMISSION RECEIVES A COMPLAINT OF UNRESOL VED 25
COMPLAINTS RELATING TO A CLINICAL STAFFI NG PLAN, THE COMMISSION SHALL 26
INITIATE AN INVESTIG ATION IF THE COMPL AINT RELATES TO : 27
(1) COMPLIANCE WITH AN AD OPTED CLINICAL STAFF ING PLAN; 28
10 SENATE BILL 1020
(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 UND ER 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 CLINICAL 9
STAFFING COMMITTEE ; OR 10
(2) TO ADOPT A CLINICAL S TAFFING PLAN UNDER § 19–392 OF THIS 11
SUBTITLE. 12
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 13
THE COMMISSION SHALL REQU IRE THE HOSPITAL TO SUBMIT A CORRECTIVE 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 UNDE R SUBSECTION (C) OF THIS 19
SECTION THAT THE CLI NICAL STAFFING COMMI TTEE IS RESPONSIBLE FOR A 20
PATTERN OF UNRESOLVE D COMPLAINTS . 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 RE SPONSIBLE FOR : 25
(I) THE CLINICAL STAFFING COMMITTEE FAILING TO RESOLVE 26
COMPLAINTS ; OR 27
(II) A PATTERN OF FAILING T O ADOPT A CLINICAL S TAFFING 28
PLAN. 29
(E) IN DETERMINING WHETHE R A VIOLATION OCCURR ED, THE 30
COMMISSION SHALL CONS IDER WHETHER AN UNFORESEE ABLE EMERGENCY 31 SENATE BILL 1020 11
CIRCUMSTANCE WAS A M ITIGATING FACTOR AFF ECTING 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 EX CEEDING $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 SUB TITLE. 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 REQUI RED 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 T O THE 21
COMMISSION REGARDING A CLINICAL STAFFING COMMITTEE OR CLINICA L 22
STAFFING PLAN ; AND 23
(4) THE ASSOCIATED COSTS FOR CONDUCTING INVES TIGATIONS AND 24
RESOLVING COMPLAINTS UNDER THIS SUBTITLE . 25
(C) BEFORE SUBMITTING THE REPORT REQUIRED UNDE R SUBSECTION (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