2834

LAWS OF MARYLAND

Ch. 762

jurisdiction of this subtitle and maintains conditions or
facilities and equipment for "domiciliary," "personal" or
"nursing" services for nonrelated individuals [who are not
gainfully employed and] who are dependent on the
administrator, operator or proprietor for nursing care or
the subsistence of daily living in a safe, sanitary and
healthful environment.

(2)  "Related institutions" does not include [any
sheltered housing for elderly as defined in § 1 of Article
70B]:

(I)  ANY SHELTERED HOUSING FOR ELDERLY AS
DEFINED IN SECTION 1 OF ARTICLE 70B AND AS CERTIFIED BY THE
OFFICE ON AGING, EXCEPT FOR BUILDINGS HOUSING NINE 12 OR
MORE INDIVIDUALS IN OTHER THAN APARTMENT UNITS AND FOR
APARTMENT UNITS HOUSING NINE 12 OR MORE INDIVIDUALS; AND

(II)  DWELLINGS WHICH HAVE BEEN CERTIFIED
AS ADULT RESIDENTIAL ENVIRONMENTAL HOMES BY THE DEPARTMENT
OF HUMAN RESOURCES.; AND

(III)  NURSING FACILITIES OR VISITING NURSE
SERVICES CONDUCTED SOLELY BY OR FOR THE ADHERENTS OF ANY
RECOGNIZED CHURCH OR RELIGIOUS DENOMINATION, THE TENETS AND
PRACTICES OF WHICH INCLUDE RELIANCE UPON TREATMENT BY
SPIRITUAL MEANS ALONE FOR HEALING.

(3)  Home health care services as used in this
subtitle refers to services provided by a health related
institution (or part thereof), owned or operated by one or
more persons or legal entities, whether for profit or
nonprofit, as a public or private enterprise, which operates
or is licensed as a home health agency. Home health agencies
shall include only those which provide appropriate home
health services, under the direction and guidance of a
licensed physician, to patients who are deemed to require
initial or continued hospitalization, or who, in lieu of
hospitalization, may be cared for at home at a prescribed
level of care.

(e) Related institutions shall be classified as
nursing homes or care homes as follows:

(1)  Nursing homes shall meet the definition in
subsection (d) above and shall provide nursing care for
chronically ill or convalescent patients. Nursing homes
shall include (but are not limited to) convalescent homes,
nursing units of homes for the aged, psychiatric nursing
homes, nursing facilities for the handicapped, homes for
alcoholics, halfway houses, or any other home-type facility
which admits patients and holds itself out as providing
twenty-four (24) hours per day nursing care for such
patients.

(2)   [Care homes shall meet the definition in
subsection (d) above and shall either (i) provide