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LAWS OF MARYLAND

Ch. 276

Article 43 - Health

Section 565C(i)

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be repealed, amended, or enacted to read as follows: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

565C.

(a) It is the intent of the General Assembly and the
purpose of this section to promote the interests and
well being of the patients and residents of skilled nursing
facilities and intermediate care facilities. It is declared
to be the public policy of this State that the interests of
the patient be protected by a declaration of a patient's
bill of rights and by requiring that the facilities treat
their patients in accordance with the provisions of this
bill of rights, which shall include, but not be limited to
the following:

(15) Every patient and resident has the right,
personally or through other persons or in combination with
others, to present grievances and recommend changes in
policies and services on behalf of himself or others to the
facility's staff or administrator, the State Office on
Aging, or other persons or groups, OR TO TAKE CIVIL ACTION,
without fear of reprisal, restraint, interference, coercion,
or discrimination;

(I) TO ENFORCE THE PROVISIONS OF THIS SECTION, A CAUSE
OF ACTION MAY BE MAINTAINED IN LAW OR EQUITY, WITHOUT PRIOR
EXHAUSTION OF ADMINISTRATIVE REMEDIES. A PATIENT, SPOUSE,
OR CHILDREN OF THE PATIENT, LEGALLY APPOINTED GUARDIAN, OR
NEXT FRIEND MAY MAINTAIN AN ACTION FOR ANY TYPE OF RELIEF
PERMITTED BY LAW, INCLUDING INJUNCTIVE AND DECLARATORY
RELIEF, COMPENSATORY AND PUNITIVE DAMAGES, AND ATTORNEY'S
FEES.

(h) (1) The State Director on Aging shall undertake an
independent investigation of all grievances concerning
skilled nursing facilities or intermediate care facilities
presented to the State Office on Aging. Upon completion of
his investigation, the State Director on Aging shall report
his findings to the complainants, and act in accordance with
the duties set forth in Article 70B under the subheading
Nursing Homes.

(2) A PATIENT, RESIDENT, OR THE NEXT OF KIN OR
GUARDIAN OF A PATIENT MAY FILE A COMPLAINT WITH THE STATE
OFFICE ON AGING AND THE DIVISION OF LICENSING AND
CERTIFICATION ALLEGING A VIOLATION OF SUBSECTION (A)(1)
THROUGH (17) OF THIS SECTION. ALL COMPLAINTS SHALL BE