EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0751*
SENATE BILL 751
J3 5lr3145
CF 5lr2633
By: Senator Henson
Introduced and read first time: January 27, 2025
Assigned to: Finance
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 O F AND IMPROVE THE QU ALITY OF 22
LIFE OF THE RESIDENT S OF AN ASSISTED LIV ING PROGRAM . 23
2 SENATE BILL 751
(B) THIS SECTION APPLIES ONLY TO AN ASSISTED LIVING PROGRAM WITH 1
AT LEAST 15 BEDS. 2
(C) (1) A FAMILY COUNCIL FOR A N ASSISTED LIVING PR OGRAM 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 OR , 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 PROG RAM. 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 ASSIS TED LIVING PROGRAM M AY LEAD 14
THE FAMILY COUNCIL F OR NOT LONGE R THAN 6 MONTHS, AT WHICH TIME THE 15
FAMILY COUNCIL SHALL BE LED BY A MEMBER O F THE FAMILY COUNCIL . 16
(3) ON WRITTEN REQUEST OF A FAMILY COUNCIL , AN ASSISTED 17
LIVING PROGRAM MAY A SSIST THE FAMILY COU NCIL IN THE ADMINIST RATIVE 18
FUNCTIONS OF OPERATI NG THE FAMILY COUNCI L IN A MUTUALLY AGRE ED–ON 19
MANNER. 20
(D) AN ASSISTED LIVING PR OGRAM 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 SENATE BILL 751 3
(E) AN ASSISTED LIVING PR OGRAM SHALL RESPOND IN WRITING 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 PR OGRAM SHALL CREATE A ND MAINTAIN A 4
PUBLIC CORRESPONDENC E FILE AND A REGULAT ORY CORRE SPONDENCE 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 R ESIDENT DURING NORMA L BUSINESS HOURS AND AT ANY OTHER 16
TIME THE ASSISTED LI VING PROGRAM AGREES TO MAKE THE PUBLIC F ILE 17
AVAILABLE. 18
(5) THE ASSISTED LIVING P ROGRAM SHALL PROMPTL Y COMPLY WITH 19
A REQUEST BY A LICEN SING AUTHORITY TO RE VIEW THE RECORDS IN EITHER 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