MD
Maryland Senate Bill SB952

Maryland 2024 Regular Session

Maryland Senate Bill SB952 Compare Versions

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1- WES MOORE, Governor Ch. 839
21
3-– 1 –
4-Chapter 839
5-(Senate Bill 952)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0952*
810
9-Assisted Living Programs – Assisted Living Referrers – Requirements and
10-Prohibitions
11+SENATE BILL 952
12+J3 (4lr3312)
13+ENROLLED BILL
14+— Finance/Health and Government Operations —
15+Introduced by Senator Hettleman
1116
12-FOR the purpose of establishing certain requirements for assisted living referrers,
13-including requirements related to the maintenance of general liability insurance,
14-criminal history records checks, and the maintenance and provision of certain
15-agreements and documents descriptions of services, and assisted living program
16-tours; prohibiting an assisted living referrer from requesting payment for a referral
17-after a certain time period and selling certain data; requiring the Office of Health
18-Care Quality to maintain a certain database of approved assisted living programs
19-for a certain purpose; requiring an assisted living referrer to comply with certain data
20-privacy provisions on certain dates; and generally relating to assisted living referrers
21-and assisted living programs.
17+Read and Examined by Proofreaders:
2218
23-BY repealing and reenacting, with amendments,
24- Article – Health – General
25-Section 19–1813
26- Annotated Code of Maryland
27- (2023 Replacement Volume)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2823
29- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3125
32-Article – Health – General
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3327
34-19–1813.
28+______________________________________________
29+President.
3530
36- (a) In this section, “assisted living referrer” means an individual or agency that:
31+CHAPTER ______
3732
38- (1) Makes referrals to assisted living programs without cost to the person
39-receiving the referral; and
33+AN ACT concerning 1
4034
41- (2) Is compensated by an assisted living program or other third party for
42-referring individuals to a licensed assisted living program.
35+Assisted Living Programs – Assisted Living Referrers – Requirements and 2
36+Prohibitions 3
4337
44- (b) Each assisted living referrer:
38+FOR the purpose of establishing certain requirements for assisted living referrers, 4
39+including requirements related to the maintenance of general liability insurance, 5
40+criminal history records checks, and the maintenance and provision of certain 6
41+agreements and documents descriptions of services, and assisted living program 7
42+tours; prohibiting an assisted living referrer from requesting payment for a referral 8
43+after a certain time period and selling certain data; requiring the Office of Health 9
44+Care Quality to maintain a certain database of approved assisted living programs 10
45+for a certain purpose; requiring an assisted living referrer to comply with certain data 11
46+privacy provisions on certain dates; and generally relating to assisted living referrers 12
47+and assisted living programs. 13
4548
46- (1) Shall register with the Office of Health Care Quality;
49+BY repealing and reenacting, with amendments, 14 2 SENATE BILL 952
4750
48- (2) Shall disclose to a client or potential client of the assisted living referrer
49-all financial relationships the assisted living referrer has with assisted living programs; Ch. 839 2024 LAWS OF MARYLAND
5051
51-– 2 –
52+ Article – Health – General 1
53+Section 19–1813 2
54+ Annotated Code of Maryland 3
55+ (2023 Replacement Volume) 4
5256
53- (3) If referring a client or potential client to an assisted living program,
54-shall affirm that the assisted living program is licensed;
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND, 5
58+That the Laws of Maryland read as follows: 6
5559
56- (4) If referring a client or potential client to an assisted living program,
57-may refer the client or potential client only to a licensed assisted living program; [and]
60+Article – Health – General 7
5861
59- (5) SHALL MAINTAIN GENERAL LIA BILITY INSURANCE ;
62+19–1813. 8
6063
61- (6) SHALL REQUIRE EMPLOYE ES TO OBTAIN A CRIMI NAL HISTORY
62-RECORDS CHECK ;
64+ (a) In this section, “assisted living referrer” means an individual or agency that: 9
6365
64- (7) SHALL SIGN A IF MEDICAL INFORMATIO N IS EXCHANGED , SHALL
65-SIGN A DOCUMENT WITH THE CLIENT OR THE CL IENT’S REPRESENTATIVE IN
66-ACCORDANCE WI TH THE FEDERAL HEALTH INSURANCE PORTABILITY AND
67-ACCOUNTABILITY ACT AGREEMENT WITH TH E CLIENT OR THE CLIE NT’S
68-REPRESENTATIVE ;
66+ (1) Makes referrals to assisted living programs without cost to the person 10
67+receiving the referral; and 11
6968
70- (8) SHALL MAINTAIN A SIGN ED, WRITTEN, AND DATED DOCUMENT AN
71-ELECTRONIC OR WRITTE N AGREEMENT BETWEEN THE ASSISTED LIVING REFERRER
72-AND THE CLIENT OR TH E CLIENT’S REPRESENTATIVE OUT LINING THE TERMS OF
73-ASSISTANCE PROVIDED BY THE ASSISTED LIVI NG REFERRER ; AND
69+ (2) Is compensated by an assisted living program or other third party for 12
70+referring individuals to a licensed assisted living program. 13
7471
75- (7) SHALL PROVIDE TO THE CLIENT OR THE CLIENT ’S
76-REPRESENTATIVE A DES CRIPTION OF THE SERV ICES THAT WILL BE PR OVIDED BY
77-THE REFERRER;
72+ (b) Each assisted living referrer: 14
7873
79- (8) IF THE REFERRER HAS A FINANCIAL AGREEMENT WITH THE
80-CLIENT OR THE CLIENT ’S REPRESENTATIVE , SHALL PROVIDE THE AG REEMENT TO
81-THE CLIENT OR THE CL IENT’S REPRESENTATIVE IN WRITING OR BY ELECTR ONIC
82-MEANS; AND
74+ (1) Shall register with the Office of Health Care Quality; 15
8375
84- [(5)] (9) Shall notify the Office of Health Care Quality immediately on
85-learning that the assisted living program is operating without a license.
76+ (2) Shall disclose to a client or potential client of the assisted living referrer 16
77+all financial relationships the assisted living referrer has with assisted living programs; 17
8678
87- (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ASSISTED
88-LIVING REFERRER MAKI NG A REFERRAL TO AN ASSISTED LIVING PROG RAM SHALL
89-ARRANGE AND FACILITA TE A TOUR OF THE ASS ISTED LIVING PROGRAM FOR THE
90-CLIENT AND THE CLIEN T’S FAMILY.
79+ (3) If referring a client or potential client to an assisted living program, 18
80+shall affirm that the assisted living program is licensed; 19
9181
92- (2) DURING THE TOUR REQUI RED UNDER PARAGRAPH (1) OF THIS
93-SUBSECTION, A REPRESENTATIVE OF THE ASSISTED LIVING REFERRER AND A
94-REPRESENTATIVE OF TH E ASSISTED LIVING PROGRAM SH ALL BE PRESENT .
95- WES MOORE, Governor Ch. 839
82+ (4) If referring a client or potential client to an assisted living program, 20
83+may refer the client or potential client only to a licensed assisted living program; [and] 21
9684
97-– 3 –
98- [(c)] (D) An assisted living referrer may not:
85+ (5) SHALL MAINTAIN GENERAL LIABI LITY INSURANCE ; 22
9986
100- (1) Receive funding from the Department if the assisted living referrer is
101-in violation of this subtitle; [or]
87+ (6) SHALL REQUIRE EMPLOYE ES TO OBTAIN A CRIMI NAL HISTORY 23
88+RECORDS CHECK ; 24
10289
103- (2) Make referrals only to licensed assisted living programs from which the
104-assisted living referrer receives compensation as described in subsection (a)(2) of this
105-section; OR OR
90+ (7) SHALL SIGN A IF MEDICAL INFORMATIO N IS EXCHANGED , SHALL 25
91+SIGN A DOCUMENT WITH THE CLIENT OR THE CL IENT’S REPRESENTATIVE IN 26
92+ACCORDANCE WITH THE FEDERAL HEALTH INSURANCE PORTABILITY AND 27
93+ACCOUNTABILITY ACT AGREEMENT WITH TH E CLIENT OR THE CLIE NT’S 28
94+REPRESENTATIVE ; 29
10695
107- (3) REQUEST PAYMENT OF A REFERRAL FEE FROM AN ASSISTED
108-LIVING PROGRAM MORE THAN 1 YEAR 2 YEARS AFTER THE ASSISTED L IVING
109-REFERRER PROVIDED THE RE FERRAL; OR
96+ (8) SHALL MAINTAIN A SIGN ED, WRITTEN, AND DATED DOCUMENT AN 30
97+ELECTRONIC OR WRITTE N AGREEMENT BETWEEN THE ASSISTED LIVING REFERRER 31 SENATE BILL 952 3
11098
111- (4) SELL THE DATA OF THE CLIENT OR THE CLIENT ’S
112-REPRESENTATIVE TO AN OTHER PERSON .
11399
114- [(d)] (E) If requested by any person or on its own initiative, the Office of the
115-Attorney General may investigate whether an assisted living referrer violated this subtitle
116-and may seek appropriate relief.
100+AND THE CLIENT OR TH E CLIENT’S REPRESENTATIVE OUT LINING THE TERMS OF 1
101+ASSISTANCE PROVIDED BY THE ASSISTED LIVI NG REFERRER ; AND 2
117102
118- (F) (E) THE OFFICE OF HEALTH CARE QUALITY SHALL MAINTAI N A
119-USER–FRIENDLY DATABASE OF LICENSED ASSISTED LI VING PROGRAMS AND
120-ENSURE THAT EACH ASS ISTED LIVING REFERRE R HAS ACCESS TO TH E DATABASE.
103+ (7) SHALL PROVIDE TO THE CLIENT OR THE CLIENT ’S 3
104+REPRESENTATIVE A DES CRIPTION OF THE SERV ICES THAT WILL BE PR OVIDED BY 4
105+THE REFERRER; 5
121106
122- (F) (1) ON OR BEFORE SEPTEMBER 30, 2025, AN ASSISTED LIVING
123-REFERRER:
107+ (8) IF THE REFERRER HAS A FINANCIAL AGREEMENT WITH THE 6
108+CLIENT OR THE CLIENT ’S REPRESENTATIVE , SHALL PROVIDE THE AG REEMENT TO 7
109+THE CLIENT OR THE CL IENT’S REPRESENTATIVE IN WRITING OR BY ELECTR ONIC 8
110+MEANS; AND 9
124111
125- (I) SHALL KEEP A CLIENT O R POTENTIAL CLIENT ’S MEDICAL
126-RECORD, AS DEFINED IN § 4–301 OF THIS ARTICLE , CONFIDENTIAL AND MAY
127-DISCLOSE THE MEDICAL RECORD ONLY FOR THE PURPOSE OF MAKING A REFERRAL
128-IF THE CLIENT OR POT ENTIAL CLIENT GIVES INFORMED WRITTEN , ELECTRONIC, OR
129-AUDIO RECORDED CONSE NT; AND
112+ [(5)] (9) Shall notify the Office of Health Care Quality immediately on 10
113+learning that the assisted living program is operating without a license. 11
130114
131- (II) MAY NOT SELL THE PERS ONAL DATA OF A CLIEN T,
132-POTENTIAL CLIENT , OR CLIENT’S REPRESENTATIVE TO ANOTHER PERSON UNLES S
133-THE CLIENT OR THE CLIENT ’S REPRESENTATIVE GIV ES INFORMED WRITTEN ,
134-ELECTRONIC, OR AUDIO RECORDED CO NSENT.
115+ (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ASSISTED 12
116+LIVING REFERRER MAKI NG A REFERRAL TO AN ASSISTED LIVING PROG RAM SHALL 13
117+ARRANGE AND FACILITA TE A TOUR OF THE ASS ISTED LIVING PROGRAM FOR THE 14
118+CLIENT AND THE CLIEN T’S FAMILY. 15
135119
136- (2) ON OR AFTER OCTOBER 1, 2025, AN ASSISTED LIVING R EFERRER
137-SHALL COMPLY WITH AL L APPLICABLE DATA PR IVACY LAWS.
120+ (2) DURING THE TOUR REQUI RED UNDER PARAGRAPH (1) OF THIS 16
121+SUBSECTION, A REPRESENTATIVE OF THE ASSISTED LIVING REFERRER AND A 17
122+REPRESENTATIVE OF TH E ASSISTED LIVING PROGRAM SH ALL BE PRESENT . 18
138123
139- SECTION 2. AND BE IT FURTHER ENACTE D, That this Act shall take effect
140-October 1, 2024.
141- Ch. 839 2024 LAWS OF MARYLAND
124+ [(c)] (D) An assisted living referrer may not: 19
142125
143-– 4 –
144-Approved by the Governor, May 16, 2024.
126+ (1) Receive funding from the Department if the assisted living referrer is 20
127+in violation of this subtitle; [or] 21
128+
129+ (2) Make referrals only to licensed assisted living programs from which the 22
130+assisted living referrer receives compensation as described in subsection (a)(2) of this 23
131+section; OR OR 24
132+
133+ (3) REQUEST PAYMENT OF A REFERRAL FEE FROM AN ASSISTED 25
134+LIVING PROGRAM MORE THAN 1 YEAR 2 YEARS AFTER THE ASSISTED L IVING 26
135+REFERRER PROVIDED THE RE FERRAL; OR 27
136+
137+ (4) SELL THE DATA OF THE CLIENT OR THE CLIENT ’S 28
138+REPRESENTATIVE TO AN OTHER PERSON . 29
139+
140+ [(d)] (E) If requested by any person or on its own initiative, the Office of the 30
141+Attorney General may investigate whether an assisted living referrer violated this subtitle 31
142+and may seek appropriate relief. 32
143+ 4 SENATE BILL 952
144+
145+
146+ (F) (E) THE OFFICE OF HEALTH CARE QUALITY SHALL MAINTAI N A 1
147+USER–FRIENDLY DATABASE OF LICENSED ASSISTED LI VING PROGRAMS AND 2
148+ENSURE THAT EACH ASS ISTED LIVING REFERRE R HAS ACCESS TO TH E DATABASE. 3
149+
150+ (F) (1) ON OR BEFORE SEPTEMBER 30, 2025, AN ASSISTED LIVING 4
151+REFERRER: 5
152+
153+ (I) SHALL KEEP A CLIENT O R POTENTIAL CLIENT ’S MEDICAL 6
154+RECORD, AS DEFINED IN § 4–301 OF THIS ARTICLE , CONFIDENTIAL AND MAY 7
155+DISCLOSE THE MEDICAL RECORD ONLY FOR THE PURPOSE OF MAKING A REFERRAL 8
156+IF THE CLIENT OR POT ENTIAL CLIENT GIVES INFORMED WRITTEN , ELECTRONIC, OR 9
157+AUDIO RECORDED CONSE NT; AND 10
158+
159+ (II) MAY NOT SELL THE PERS ONAL DATA OF A CLIEN T, 11
160+POTENTIAL CLIENT , OR CLIENT’S REPRESENTATIVE TO ANOTHER PERSON UNLES S 12
161+THE CLIENT OR THE CLIENT ’S REPRESENTATIVE GIV ES INFORMED WRITTEN , 13
162+ELECTRONIC, OR AUDIO RECORDED CO NSENT. 14
163+
164+ (2) ON OR AFTER OCTOBER 1, 2025, AN ASSISTED LIVING R EFERRER 15
165+SHALL COMPLY WITH AL L APPLICABLE DATA PR IVACY LAWS. 16
166+
167+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
168+October 1, 2024. 18
169+
170+
171+
172+Approved:
173+________________________________________________________________________________
174+ Governor.
175+________________________________________________________________________________
176+ President of the Senate.
177+________________________________________________________________________________
178+ Speaker of the House of Delegates.