HARRY HUGHES, Governor

2753

PROVIDE PALLIATIVE CARE TO PATIENTS FOR WHOM THERE IS NO
REASONABLE PROSPECT OF CURE AND FOR WHOM A LIFE EXPECTANCY,
ESTIMATED BY A LICENSED PHYSICIAN, IS LESS THAN 6 MONTHS.
THE PROGRAM PROVIDES PALLIATIVE AND SUPPORTIVE CARE TO
PATIENTS AND THEIR FAMILIES TO MEET THE SPECIAL NEEDS
ARISING OUT OF PHYSICAL, EMOTIONAL, SPIRITUAL, SOCIAL, AND
ECONOMIC STRESSES WHICH ARE EXPERIENCED DURING THE FINAL
STAGES OF ILLNESS AND DURING DYING AND BEREAVEMENT.

(C) "SECRETARY" MEANS THE SECRETARY OF HEALTH AND
MENTAL HYGIENE.

949.

IT IS SPECIFICALLY INTENDED THAT THIS SUBTITLE SIMPLIFY
AND CLARIFY THE LAWS GOVERNING THE USE OF FREESTANDING
HOSPICE CARE FACILITIES FOR TERMINALLY ILL PATIENTS WHO
DESIRE SUPPORTIVE ENVIRONMENTS, TO ENCOURAGE THE
ESTABLISHMENT OF THESE FACILITIES AND TO ENSURE THEIR
QUALITY.

950.

(A)  A PERSON MAY NOT ESTABLISH, CONDUCT OR OPERATE A
FREESTANDING HOSPICE CARE FACILITY WITHIN THIS STATE WITHOUT
THE CERTIFICATION REQUIRED IN THIS SECTION.

(B)  ANY PERSON DESIRING A CERTIFICATE TO OPERATE A
FACILITY SHALL FILE WITH THE SECRETARY A VERIFIED
APPLICATION FOR CERTIFICATION SETTING FORTH THE NAME OF THE
APPLICANT, STATING THAT THE APPLICANT IS NOT LESS THAN 18
YEARS OF AGE AND OF REPUTABLE AND RESPONSIBLE CHARACTER, THE
LOCATION OF THE PROPOSED FACILITY, THE NAME OF THE PERSON IN
CHARGE, AND ANY ADDITIONAL INFORMATION THE SECRETARY MAY
REQUIRE. ANY PERSON WHO HAS BEEN CONVICTED OF A NURSING
HOME OR MEDICAID RELATED FELONY MAY NOT BE ISSUED A
CERTIFICATE UNDER THIS SECTION.

(C)  A CERTIFICATE OF NEED FROM THE MARYLAND HEALTH
PLANNING AND DEVELOPMENT AGENCY MAY NOT SHALL BE REQUIRED AS
A CONDITION TO OBTAINING A CERTIFICATE UNDER THIS SECTION.

(D)  EACH APPLICATION FOR A CERTIFICATE TO OPERATE A
FACILITY SHALL BE ACCOMPANIED BY A FEE OF $10. ALL
CERTIFICATES ISSUED UNDER THIS SECTION SHALL BE FOR A TERM
OF 3 YEARS AND SHALL BE PROVISIONAL IN NATURE PURSUANT TO
RULES AND REGULATIONS AS PROMULGATED BY THE SECRETARY IN
CONSULTATION WITH THE HOSPICE REIMBURSEMENT STUDY
COMMISSION. A FEE MAY NOT BE REFUNDED, AND ALL FEES
RECEIVED BY THE SECRETARY UNDER THE PROVISIONS OF THIS
SECTION SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT
OF THE SECRETARY FOR THE PURPOSE OF CARRYING OUT THE
PROVISIONS OF THIS SUBTITLE. INTO THE GENERAL FUND OF THIS
STATE.

(E)  THE SECRETARY SHALL PROMULGATE RULES AND
REGULATIONS IN CONSULTATION WITH THE HOSPICE REIMBURSEMENT