EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0938*
HOUSE BILL 938
O2 5lr3191
By: Delegates Stein, Bhandari, Cardin, Forbes, Guyton, Hill, J. Lewis, and Ruff
Ruff, Bagnall, Chisholm, Cullison, Guzzone, Hutchinson, S. Johnson,
Kaiser, Kerr, Kipke, Lopez, Martinez, Pena –Melnyk, Reilly, Rosenberg,
Szeliga, Taveras, White Holland, Woods, and Woorman
Introduced and read first time: January 31, 2025
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 25, 2025
CHAPTER ______
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 HOUSE BILL 938
(2) If the provider owns or operates more than three facilities in the State, 1
the governing body shall include at least one of the provider’s subscribers for every three 2
facilities in the State. 3
(3) (I) IF THE GOVERNING BODY HAS ONLY ONE SUBSCRI BER, THE 4
GOVERNING BODY SHALL AUTHORIZE THE APPOIN TMENT OF AN ALTERNATE 5
SUBSCRIBER TO SERVE AS A REGULAR MEMBER OF THE GOVERNING BOD Y IF THE 6
REGULAR SUBSCRIBER I S UNABLE TO FULFILL THE SUBSCRIBER’S DUTIES. 7
(II) THE ALTERNATE SUBSCRI BER MAY: 8
1. ATTEND ALL MEETINGS OF THE GOVERNING BOD Y; 9
AND 10
2. VOTE ONLY IF THE REGULAR SUBSC RIBER IS UNABLE 11
TO FULFILL THE SUBSCRIBER’S DUTIES AS A REGULAR MEMBER OF THE GOVERN ING 12
BODY. 13
[(3)] (4) Subject to paragraph [(4)] (5) of this subsection, a REGULAR OR 14
ALTERNATE member of the governing body who is selected to meet the requirements of 15
this subsection shall be a subscriber at a facility in the State and be selected according to 16
the same general written standards and criteria used to select other members of the 17
governing body. 18
[(4)] (5) The governing body shall confer with the resident association at 19
each of the provider’s facilities before the subscriber OR ALTERNATE SUBSCRIBER 20
officially joins the governing body. 21
[(5)] (6) (i) A subscriber member OR ALTERNATE SUBSCRIBER 22
MEMBER of a governing body may report on nonconfidential deliberations, actions, and 23
policies of the governing body to the resident association. 24
(ii) The governing body in its sole but reasonable discretion shall 25
determine whether a matter is confidential. 26
[(6)] (7) The Secretary may waive the requirements of this subsection for 27
a provider in the process of decertifying as a provider, if the Secretary determines that 28
there are no subscribers willing and able to serve on the governing body. 29
(b) (1) If a provider does not have a governing body, the provider shall appoint 30
a select committee of its officers or partners to meet at least quarterly with the resident 31
association at each of its facilities to address concerns of the subscribers and to ensure that 32
the opinions of subscribers are relayed to all officers or partners of the provider. 33
HOUSE BILL 938 3
(2) If a facility does not have a resident association, the committee shall 1
meet with a reasonable number of representatives, not required to exceed fifteen, that the 2
subscribers elect. 3
(c) As determined by the provider’s governing body, the provider shall make 4
available to subscribers either the nonconfidential portions of the minutes of each meeting 5
of the governing body or a summary of the nonconfidential portions of the minutes, within 6
1 month of approval of the minutes. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2025 January 1, 2026. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.