| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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 | *hb0938* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 938 | |
| 11 | 8 | O2 5lr3191 | |
| 12 | 9 | ||
| 13 | 10 | By: Delegates Stein, Bhandari, Cardin, Forbes, Guyton, Hill, J. Lewis, and Ruff | |
| 14 | - | Ruff, Bagnall, Chisholm, Cullison, Guzzone, Hutchinson, S. Johnson, | |
| 15 | - | Kaiser, Kerr, Kipke, Lopez, Martinez, Pena –Melnyk, Reilly, Rosenberg, | |
| 16 | - | Szeliga, Taveras, White Holland, Woods, and Woorman | |
| 17 | 11 | Introduced and read first time: January 31, 2025 | |
| 18 | 12 | Assigned to: Health and Government Operations | |
| 19 | - | Committee Report: Favorable with amendments | |
| 20 | - | House action: Adopted | |
| 21 | - | Read second time: February 25, 2025 | |
| 22 | 13 | ||
| 23 | - | ||
| 14 | + | A BILL ENTITLED | |
| 24 | 15 | ||
| 25 | 16 | AN ACT concerning 1 | |
| 26 | 17 | ||
| 27 | 18 | Continuing Care Providers – Governing Bodies – Membership 2 | |
| 28 | 19 | ||
| 29 | 20 | FOR the purpose of requiring the appointment of an alternate subscriber member to the 3 | |
| 30 | 21 | governing body of a continuing care provider; providing for the duties of the alternate 4 | |
| 31 | 22 | subscriber member; and generally relating to the membership of governing bodies of 5 | |
| 32 | 23 | continuing care providers. 6 | |
| 33 | 24 | ||
| 34 | 25 | BY repealing and reenacting, with amendments, 7 | |
| 35 | 26 | Article – Human Services 8 | |
| 36 | 27 | Section 10–427 9 | |
| 37 | 28 | Annotated Code of Maryland 10 | |
| 38 | 29 | (2019 Replacement Volume and 2024 Supplement) 11 | |
| 39 | 30 | ||
| 40 | 31 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 | |
| 41 | 32 | That the Laws of Maryland read as follows: 13 | |
| 42 | 33 | ||
| 43 | 34 | Article – Human Services 14 | |
| 44 | 35 | ||
| 45 | 36 | 10–427. 15 | |
| 46 | 37 | ||
| 47 | 38 | (a) (1) If a provider has a governing body, at least one of the provider’s 16 | |
| 48 | - | subscribers shall be a full and regular member of the governing body. 17 2 HOUSE BILL 938 | |
| 39 | + | subscribers shall be a full and regular member of the governing body. 17 | |
| 40 | + | ||
| 41 | + | (2) If the provider owns or operates more than three facilities in the State, 18 | |
| 42 | + | the governing body shall include at least one of the provider’s subscribers for every three 19 | |
| 43 | + | facilities in the State. 20 | |
| 44 | + | ||
| 45 | + | (3) (I) IF THE GOVERNING BODY HAS ONLY ONE SUBSCRI BER, THE 21 | |
| 46 | + | GOVERNING BODY SHALL AUTHORIZE THE APPOIN TMENT OF AN ALTERNATE 22 2 HOUSE BILL 938 | |
| 49 | 47 | ||
| 50 | 48 | ||
| 49 | + | SUBSCRIBER TO SERVE AS A REGULAR MEMBER OF THE GOVERNING BOD Y IF THE 1 | |
| 50 | + | REGULAR SUBSCRIBER I S UNABLE TO FULFILL THE SUBSCRIBER’S DUTIES. 2 | |
| 51 | 51 | ||
| 52 | - | (2) If the provider owns or operates more than three facilities in the State, 1 | |
| 53 | - | the governing body shall include at least one of the provider’s subscribers for every three 2 | |
| 54 | - | facilities in the State. 3 | |
| 52 | + | (II) THE ALTERNATE SUBSCRI BER MAY: 3 | |
| 55 | 53 | ||
| 56 | - | (3) (I) IF THE GOVERNING BODY HAS ONLY ONE SUBSCRI BER, THE 4 | |
| 57 | - | GOVERNING BODY SHALL AUTHORIZE THE APPOIN TMENT OF AN ALTERNATE 5 | |
| 58 | - | SUBSCRIBER TO SERVE AS A REGULAR MEMBER OF THE GOVERNING BOD Y IF THE 6 | |
| 59 | - | REGULAR SUBSCRIBER I S UNABLE TO FULFILL THE SUBSCRIBER’S DUTIES. 7 | |
| 54 | + | 1. ATTEND ALL MEETINGS OF THE GOVERNING BOD Y; 4 | |
| 55 | + | AND 5 | |
| 60 | 56 | ||
| 61 | - | (II) THE ALTERNATE SUBSCRI BER MAY: 8 | |
| 57 | + | 2. VOTE ONLY IF THE REGULAR SUBSC RIBER IS UNABLE 6 | |
| 58 | + | TO FULFILL THE SUBSCRIBER’S DUTIES AS A REGULAR MEMBER OF THE GOVERN ING 7 | |
| 59 | + | BODY. 8 | |
| 62 | 60 | ||
| 63 | - | 1. ATTEND ALL MEETINGS OF THE GOVERNING BOD Y; 9 | |
| 64 | - | AND 10 | |
| 61 | + | [(3)] (4) Subject to paragraph [(4)] (5) of this subsection, a REGULAR OR 9 | |
| 62 | + | ALTERNATE member of the governing body who is selected to meet the requirements of 10 | |
| 63 | + | this subsection shall be a subscriber at a facility in the State and be selected according to 11 | |
| 64 | + | the same general written standards and criteria used to select other members of the 12 | |
| 65 | + | governing body. 13 | |
| 65 | 66 | ||
| 66 | - | | |
| 67 | - | ||
| 68 | - | BODY. | |
| 67 | + | [(4)] (5) The governing body shall confer with the resident association at 14 | |
| 68 | + | each of the provider’s facilities before the subscriber OR ALTERNATE SUBSCRIBER 15 | |
| 69 | + | officially joins the governing body. 16 | |
| 69 | 70 | ||
| 70 | - | [(3)] (4) Subject to paragraph [(4)] (5) of this subsection, a REGULAR OR 14 | |
| 71 | - | ALTERNATE member of the governing body who is selected to meet the requirements of 15 | |
| 72 | - | this subsection shall be a subscriber at a facility in the State and be selected according to 16 | |
| 73 | - | the same general written standards and criteria used to select other members of the 17 | |
| 74 | - | governing body. 18 | |
| 71 | + | [(5)] (6) (i) A subscriber member OR ALTERNATE SUBSCRIBER 17 | |
| 72 | + | MEMBER of a governing body may report on nonconfidential deliberations, actions, and 18 | |
| 73 | + | policies of the governing body to the resident association. 19 | |
| 75 | 74 | ||
| 76 | - | [(4)] (5) The governing body shall confer with the resident association at 19 | |
| 77 | - | each of the provider’s facilities before the subscriber OR ALTERNATE SUBSCRIBER 20 | |
| 78 | - | officially joins the governing body. 21 | |
| 75 | + | (ii) The governing body in its sole but reasonable discretion shall 20 | |
| 76 | + | determine whether a matter is confidential. 21 | |
| 79 | 77 | ||
| 80 | - | [( | |
| 81 | - | ||
| 82 | - | ||
| 78 | + | [(6)] (7) The Secretary may waive the requirements of this subsection for 22 | |
| 79 | + | a provider in the process of decertifying as a provider, if the Secretary determines that 23 | |
| 80 | + | there are no subscribers willing and able to serve on the governing body. 24 | |
| 83 | 81 | ||
| 84 | - | (ii) The governing body in its sole but reasonable discretion shall 25 | |
| 85 | - | determine whether a matter is confidential. 26 | |
| 82 | + | (b) (1) If a provider does not have a governing body, the provider shall appoint 25 | |
| 83 | + | a select committee of its officers or partners to meet at least quarterly with the resident 26 | |
| 84 | + | association at each of its facilities to address concerns of the subscribers and to ensure that 27 | |
| 85 | + | the opinions of subscribers are relayed to all officers or partners of the provider. 28 | |
| 86 | 86 | ||
| 87 | - | ||
| 88 | - | a | |
| 89 | - | ||
| 87 | + | (2) If a facility does not have a resident association, the committee shall 29 | |
| 88 | + | meet with a reasonable number of representatives, not required to exceed fifteen, that the 30 | |
| 89 | + | subscribers elect. 31 | |
| 90 | 90 | ||
| 91 | - | (b) (1) If a provider does not have a governing body, the provider shall appoint 30 | |
| 92 | - | a select committee of its officers or partners to meet at least quarterly with the resident 31 | |
| 93 | - | association at each of its facilities to address concerns of the subscribers and to ensure that 32 | |
| 94 | - | the opinions of subscribers are relayed to all officers or partners of the provider. 33 | |
| 95 | - | HOUSE BILL 938 3 | |
| 91 | + | (c) As determined by the provider’s governing body, the provider shall make 32 | |
| 92 | + | available to subscribers either the nonconfidential portions of the minutes of each meeting 33 HOUSE BILL 938 3 | |
| 96 | 93 | ||
| 97 | 94 | ||
| 98 | - | (2) If a facility does not have a resident association, the committee shall 1 | |
| 99 | - | meet with a reasonable number of representatives, not required to exceed fifteen, that the 2 | |
| 100 | - | subscribers elect. 3 | |
| 95 | + | of the governing body or a summary of the nonconfidential portions of the minutes, within 1 | |
| 96 | + | 1 month of approval of the minutes. 2 | |
| 101 | 97 | ||
| 102 | - | (c) As determined by the provider’s governing body, the provider shall make 4 | |
| 103 | - | available to subscribers either the nonconfidential portions of the minutes of each meeting 5 | |
| 104 | - | of the governing body or a summary of the nonconfidential portions of the minutes, within 6 | |
| 105 | - | 1 month of approval of the minutes. 7 | |
| 106 | - | ||
| 107 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 | |
| 108 | - | October 1, 2025 January 1, 2026. 9 | |
| 109 | - | ||
| 110 | - | ||
| 111 | - | ||
| 112 | - | Approved: | |
| 113 | - | ________________________________________________________________________________ | |
| 114 | - | Governor. | |
| 115 | - | ________________________________________________________________________________ | |
| 116 | - | Speaker of the House of Delegates. | |
| 117 | - | ________________________________________________________________________________ | |
| 118 | - | President of the Senate. | |
| 98 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 | |
| 99 | + | October 1, 2025. 4 |