EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0938*
HOUSE BILL 938
O2 5lr3191
By: Delegates Stein, Bhandari, Cardin, Forbes, Guyton, Hill, J. Lewis, and Ruff
Introduced and read first time: January 31, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Continuing Care Providers – Governing Bodies – Membership 2
FOR the purpose of requiring the appointment of an alternate subscriber member to the 3
governing body of a continuing care provider; providing for the duties of the alternate 4
subscriber member; and generally relating to the membership of governing bodies of 5
continuing care providers. 6
BY repealing and reenacting, with amendments, 7
Article – Human Services 8
Section 10–427 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Human Services 14
10–427. 15
(a) (1) If a provider has a governing body, at least one of the provider’s 16
subscribers shall be a full and regular member of the governing body. 17
(2) If the provider owns or operates more than three facilities in the State, 18
the governing body shall include at least one of the provider’s subscribers for every three 19
facilities in the State. 20
(3) (I) IF THE GOVERNING BODY HAS ONLY ONE SUBSCRI BER, THE 21
GOVERNING BODY SHALL AUTHORIZE THE APPOIN TMENT OF AN ALTERNATE 22 2 HOUSE BILL 938
SUBSCRIBER TO SERVE AS A REGULAR MEMBER OF THE GOVERNING BOD Y IF THE 1
REGULAR SUBSCRIBER I S UNABLE TO FULFILL THE SUBSCRIBER’S DUTIES. 2
(II) THE ALTERNATE SUBSCRI BER MAY: 3
1. ATTEND ALL MEETINGS OF THE GOVERNING BOD Y; 4
AND 5
2. VOTE ONLY IF THE REGULAR SUBSC RIBER IS UNABLE 6
TO FULFILL THE SUBSCRIBER’S DUTIES AS A REGULAR MEMBER OF THE GOVERN ING 7
BODY. 8
[(3)] (4) Subject to paragraph [(4)] (5) of this subsection, a REGULAR OR 9
ALTERNATE member of the governing body who is selected to meet the requirements of 10
this subsection shall be a subscriber at a facility in the State and be selected according to 11
the same general written standards and criteria used to select other members of the 12
governing body. 13
[(4)] (5) The governing body shall confer with the resident association at 14
each of the provider’s facilities before the subscriber OR ALTERNATE SUBSCRIBER 15
officially joins the governing body. 16
[(5)] (6) (i) A subscriber member OR ALTERNATE SUBSCRIBER 17
MEMBER of a governing body may report on nonconfidential deliberations, actions, and 18
policies of the governing body to the resident association. 19
(ii) The governing body in its sole but reasonable discretion shall 20
determine whether a matter is confidential. 21
[(6)] (7) The Secretary may waive the requirements of this subsection for 22
a provider in the process of decertifying as a provider, if the Secretary determines that 23
there are no subscribers willing and able to serve on the governing body. 24
(b) (1) If a provider does not have a governing body, the provider shall appoint 25
a select committee of its officers or partners to meet at least quarterly with the resident 26
association at each of its facilities to address concerns of the subscribers and to ensure that 27
the opinions of subscribers are relayed to all officers or partners of the provider. 28
(2) If a facility does not have a resident association, the committee shall 29
meet with a reasonable number of representatives, not required to exceed fifteen, that the 30
subscribers elect. 31
(c) As determined by the provider’s governing body, the provider shall make 32
available to subscribers either the nonconfidential portions of the minutes of each meeting 33 HOUSE BILL 938 3
of the governing body or a summary of the nonconfidential portions of the minutes, within 1
1 month of approval of the minutes. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4