HARRY HUGHES, Governor

1103

Section 560B

Annotated Code of Maryland

(1971 Replacement Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

560B.

(A)  IN THIS SECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(1)  "AFFILIATE" MEANS:

(I)  WITH RESPECT TO A PARTNERSHIP, EACH
PARTNER.

(II)  WITH RESPECT TO A CORPORATION, EACH
OFFICER, DIRECTOR, AND STOCKHOLDER WHO, DIRECTLY OR
INDIRECTLY, BENEFICIALLY OWNS, HOLDS OR HAS THE POWER TO
VOTE, 10 PERCENT OR MORE OF ANY CLASS OF SECURITIES ISSUED
BY THE CORPORATION.

(III)  WITH RESPECT TO A NATURAL PERSON,
ANY PERSON WHO HAS A DIRECT OR INDIRECT OWNERSHIP INTEREST
IN A NURSING HOME OF 10 PERCENT OR MORE.

(2)  "COURT" SHALL MEAN THE CIRCUIT COURT FOR A
COUNTY, CIRCUIT COURT OF BALTIMORE CITY AND CIRCUIT COURT
NO. 2 OF BALTIMORE CITY.

(3)  "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE
OFFICE ON AGING.

(4)  "EMERGENCY" SHALL MEAN A SITUATION, PHYSICAL
CONDITION, OR ONE OR MORE PRACTICES, METHODS OR OPERATIONS
WHICH PRESENTS IMMINENT DANGER OF DEATH, OR SERIOUS MENTAL
OR PHYSICAL HARM TO RESIDENTS OF A NURSING HOME.

(5)  "NURSING HOME" SHALL BE DEFINED BY ARTICLE
43, SECTION 556(E)(1).

(6)  "SECRETARY" SHALL MEAN THE SECRETARY OF
HEALTH AND MENTAL HYGIENE.

(7)  "TRANSFER TRAUMA" SHALL MEAN THE MEDICAL AND
PSYCHOLOGICAL REACTIONS TO PHYSICAL TRANSFER THAT INCREASE
THE RISK OF DEATH OR GRAVE ILLNESS, OR BOTH, IN ELDERLY
PERSONS.

(B) (1) THE SECRETARY MAY PETITION THE COURT FOR THE
POLITICAL SUBDIVISION IN WHICH A NURSING HOME IS LOCATED FOR
THE APPOINTMENT OF A RECEIVER. THE COURT SHALL HOLD A