1208                                      LAWS OF MARYLAND                                Ch. 565

ELDERLY CITIZENS. IT IS THE INTENT OF THE GENERAL
ASSEMBLY THAT DAY-CARE CENTERS AND SERVICES FOR THE
ELDERLY SHALL BE UTILIZED TO THE GREATEST EXTENT
POSSIBLE AS AN ALTERNATIVE TO THE UNNECESSARY
COMMITTMENT OF ELDERLY PERSONS TO NURSING HOMES OR
OTHER STATE INSTITUTIONS AND TO PROVIDE OPPORTUNITIES
FOR ELDERLY PERSONS IN NURSING HOMES OR OTHER STATE
INSTITUTIONS TO BE DISCHARGED FROM SUCH INSTITUTIONS,
AND SHALL SERVE ONLY THOSE ELDERLY PERSONS WHO
OTHERWISE WOULD BE ELIGIBLE FOR CARE IN NURSING HOMES
OR OTHER STATE INSTITUTIONS UNDER PRESENT APPLICABLE
STATE AND FEDERAL LAW.

717B.

AS USED IN THIS SUBTITLE:

(1)   "DAY-CARE CENTER FOR THE ELDERLY" MEANS A PLACE
OPERATED FOR THE PURPOSE OF PROVIDING CARE FOR THE
ELDERLY, WITH OR WITHOUT CHARGING A FEE, AND INCLUDES A
PLACE DESIGNATED FOR GROUP CARE FOR FOUR OR MORE
PERSONS AT LEAST 60 YEARS OF AGE OR A FAMILY HOME
PROVIDING CARE FOR TWO OR THREE PERSONS AT LEAST 60
YEARS OF AGE.

(2)  "ELDERLY" MEANS A PERSON 60 YEARS OF AGE OR OLDER
WHO LIVES WITH HIS OR HER SPOUSE, HIS OR HER CHILD, A
FAMILY RELATIVE, OR FRIEND, BUT WHO REQUIRES TEMPORARY
SUPERVISION AND CARE DURING THE ABSENCE OF SUCH SPOUSE,
CHILD, FAMILY RELATIVE OR FRIEND FROM THE HOME OR PLACE
OF RESIDENCE OF THE PERSON.

717C.

(A)  THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE HAS
THE PRIMARY RESPONSIBILITY, BUT, IN CONJUNCTION WITH THE
DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES, AND
WITH THE ADVICE OF THE MARYLAND COMMISSION ON AGING,
TO PROVIDE THE GUIDANCE AND MEANS FOR THE
ESTABLISHMENT OF DAY-CARE CENTERS FOR THE ELDERLY
ACCORDING TO THE PROVISIONS OF THIS SUBTITLE.

(B)    THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
SHALL RECRUIT, LICENSE AND ENCOURAGE THE ESTABLISHMENT
OF DAY-CARE CENTERS FOR THE ELDERLY AND SHALL DEVELOP
AND ENFORCE RULES, REGULATIONS AND MINIMUM STANDARDS
NECESSARY FOR THE BEST INTERESTS AND SAFETY OF PERSONS
RECEIVING CARE IN THESE DAY-CARE CENTERS. THESE RULES,
REGULATIONS AND STANDARDS SHALL HAVE THE FORCE OF LAW.

(C)  THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND
THE DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES
SHALL NEGOTIATE THE PURCHASE OF DAY-CARE SERVICES FOR
THE ELDERLY FROM PUBLIC OR PRIVATE AGENCIES. THESE
SERVICES MUST BE NECESSARY AND ESSENTIAL TO MAXIMIZE
THE FUNCTIONING AND WELL-BEING OF THE ELDERLY, AND
SHALL INCLUDE, BUT NOT BE LIMITED TO, (1) THERAPEUTIC ARTS
AND CRAFTS; (2) COMMUNITY EXCURSIONS; (3) HOBBY
CULTIVATION; (4) MEDICAL SERVICES; (5) COUNSELING SERVICES