740

LAWS OF MARYLAND

Ch. 21

the General Assembly, that, in the rest of this
subtitle, no reference is made to licensing. In
particular, the General Assembly may wish to
consider the absence of any penalty for failure
to comply with the licensing requirements. See
also the General Revisor's Note to this title.

In subsection (b)(4) of this section, the term
"welfare" is substituted for "best interests",
for clarity.

In subsection (c)(1) of this section, the
requirement "shall buy" is substituted for the
phrase "shall negotiate the purchase of", to
clarify that mere negotiation is not sufficient
and that a purchase is, in fact, authorized. The
discretion inherent in the former reference to
negotiation is retained in the reference to
"necessary and essential" services.

In subsection (c)(2) of this section, the former
words "but not be limited to" are deleted as
unnecessary in light of the definition of
"includes"/"including".

The only other changes are in style.

Defined terms:

"Day care center for adults" § 14-301

"Includes"/"including" § 1-101

"Medically handicapped adult" § 14-301

GENERAL REVISOR'S NOTE TO TITLE:

For the provisions dealing with family day care homes,
see Article 88A, § 32A of the Code.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that there is no
express provision authorizing the establishment of a license
fee for a day care center for the elderly or a day care
center for medically handicapped adults.

The Department provided, by rules and regulations, for
a consolidated license that allows a center to serve elderly
individuals or medically handicapped adults or both. While
the Administration for Services to the Chronically Ill and
Aging has general responsibility for developing licensing
for the centers, the Division of Licensing and Certification
licenses the centers associated with hospitals or nursing
homes, and the county health departments license the rest.

Notwithstanding the absence of a provision authorizing
a license fee, the Division of Licensing and certification