EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb1291*
HOUSE BILL 1291
J3 5lr2633
CF SB 751
By: Delegate Wims
Introduced and read first time: February 7, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Health Facilities – Assisted Living Programs – Family Councils 2
FOR the purpose of providing for the composition of a family council for certain assisted 3
living programs; authorizing a family council to be created and, under certain 4
circumstances, led by the owner, operator, or staff of an assisted living program; 5
requiring certain assisted living programs to give new and prospective residents 6
information about the family council; requiring certain assisted living programs to 7
respond in writing to certain communications from the family council within a 8
certain time frame; requiring certain assisted living facilities to create and maintain 9
certain correspondence files for communications with a family council; and generally 10
relating to family councils in assisted living programs. 11
BY adding to 12
Article – Health – General 13
Section 19–1815 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 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
19–1815. 20
(A) IN THIS SECTION, “FAMILY COUNCIL ” MEANS A GROUP OF IND IVIDUALS 21
WHO WORK TOGETHER TO PROTECT THE RIGHTS OF AND IMPROVE THE Q UALITY OF 22
LIFE OF THE RESIDENTS OF AN ASSISTED LIVIN G PROGRAM. 23
2 HOUSE BILL 1291
(B) THIS SECTION APPLIES ONLY TO AN ASSISTED LIVING PROG RAM WITH 1
AT LEAST 15 BEDS. 2
(C) (1) A FAMILY COUNCIL FOR A N ASSISTED LIVING PROGRAM MAY 3
CONSIST OF THE FOLLO WING MEMBERS : 4
(I) MEMBERS OF A RESIDENT ’S FAMILY; OR 5
(II) AN INDIVIDUAL APPOINT ED BY THE RESIDENT O R, IF THE 6
RESIDENT IS INCAPABL E OF APPOINTING AN I NDIVIDUAL, AN INDIVIDUAL 7
APPOINTED BY THE RES IDENT’S FAMILY. 8
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 9
FAMILY COUNCIL MAY B E CREATED BY THE OWN ER, OPERATOR, OR STAFF OF AN 10
ASSISTED LIVING PROGRAM. 11
(II) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 12
SUBSECTION, IN ORDER TO FACILITA TE THE DEVELOPMENT O F A FAMILY COUNCIL, 13
THE OWNER , OPERATOR, OR STAFF OF AN ASSISTED LIVING P ROGRAM MAY LEAD 14
THE FAMILY COUNCIL F OR NOT LONGER THAN 6 MONTHS, AT WHICH TIME THE 15
FAMILY COUNCIL SHALL BE LED BY A MEMBER OF THE F AMILY COUNCIL . 16
(3) ON WRITTEN REQUEST OF A FAMILY COUNCIL , AN ASSISTED 17
LIVING PROGRAM MAY ASSIST THE FAMIL Y COUNCIL IN THE ADM INISTRATIVE 18
FUNCTIONS OF OPERATI NG THE FAMILY COUNCI L IN A MUTUALLY AGRE ED–ON 19
MANNER. 20
(D) AN ASSISTED LIVING PROGRAM SHALL PROVIDE EACH NEW OR 21
PROSPECTIVE RESIDENT TH E FOLLOWING WRITTEN INFORMATION ABOUT TH E 22
FAMILY COUNCIL : 23
(1) THE NAME, ADDRESS, AND PHONE NUMBER OF A CURRENT 24
MEMBER OF THE FAMILY COUNCIL; 25
(2) A BRIEF DESCRIPTION OF THE PURPOSE AND FUNC TION OF THE 26
FAMILY COUNCIL ; 27
(3) INSTRUCTIONS ON HOW THE RES IDENT OR PROSPECTIVE 28
RESIDENT MAY REVIEW THE PUBLIC FILES DES CRIBED IN SUBSECTION (F) OF THIS 29
SECTION; AND 30
(4) THE NAME, ADDRESS, AND PHONE NUMBER OF THE STATE OR 31
LOCAL OMBUDSMAN . 32 HOUSE BILL 1291 3
(E) AN ASSISTED LIVING PROGRAM SHALL RESPOND IN WRI TING TO ANY 1
WRITTEN GRIEVANCE OR OTHER WRITTEN COMMUN ICATION FROM THE FAM ILY 2
COUNCIL WITHIN 14 CALENDAR DAYS AFTER RECEIVING A COMMUNIC ATION. 3
(F) (1) AN ASSISTED LIVING PROGRAM SHALL CREATE AND MAI NTAIN A 4
PUBLIC CORRESPONDENC E FILE AND A REGULATORY CORR ESPONDENCE FILE FOR 5
COMMUNICATIONS WITH A FAMILY COUNCIL . 6
(2) THE CORRESPONDENCE FI LES SHALL INCLUDE A COPY OF EACH 7
WRITTEN COMMUNICATIO N AND RESPONSE DESCR IBED IN SUBSECTION (E) OF THIS 8
SECTION. 9
(3) (I) THE RECORDS IN THE RE GULATORY FILE SHALL BE 10
UNEDITED. 11
(II) THE RECORDS IN THE PU BLIC FILE SHALL DELE TE ANY 12
INFORMATION THAT IDE NTIFIES AN INDIVIDUA L RESIDENT. 13
(4) THE PUBLIC FILE MAY B E REVIEWED BY A RESI DENT, A 14
PROSPECTIVE RESIDENT , OR THE REPRESENTATIV E OF EITHER A RESIDE NT OR A 15
PROSPECTIVE RESIDENT DURING NORMAL BUSINE SS HOURS AND AT ANY OTHER 16
TIME THE ASSISTED LI VING PROGRAM AGREES TO MAKE THE P UBLIC FILE 17
AVAILABLE. 18
(5) THE ASSISTED LIVING PROGRAM SHALL PROMPTLY COMPL Y WITH 19
A REQUEST BY A LICEN SING AUTHORITY TO RE VIEW THE RECORDS IN EIT HER THE 20
PUBLIC OR REGULATORY FILES. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2025. 23