954

LAWS OF MARYLAND

Ch. 21

(1)  A PERSON IS OPERATING THE NURSING HOME
WITHOUT A LICENSE FOR IT;

(2)  THE NURSING HOME WILL BE CLOSED WITHIN 30
DAYS AND ARRANGEMENTS TO RELOCATE ITS RESIDENTS HAVE NOT
BEEN APPROVED BY THE SECRETARY;

(3)  THE NURSING HOME OR ITS RESIDENTS HAVE BEEN
ABANDONED; OR

(4)  A SITUATION, PHYSICAL CONDITION, PRACTICE,
OR METHOD OF OPERATION PRESENTS AN IMMINENT DANGER OF DEATH
OR SERIOUS MENTAL OR PHYSICAL HARM TO THE RESIDENTS OF THE
NURSING HOME.

(B) VENUE.

A PETITION UNDER THIS SECTION SHALL BE FILED WITH THE
CIRCUIT COURT FOR THE COUNTY WHERE THE NURSING HOME IS
LOCATED.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 560B(a)(4), (c), (1), (m), and the first
sentence of (b)(1).

In subsection (a)(1) of this section, the former
specific reference to revocation of a license is
deleted as unnecessary in light of the broad
reference to operation without a license.

Subsection (a)(4) of this section is revised to
incorporate the substance of former Article 43, §
560B(a)(4), which defined "emergency", since that
term appeared infrequently in former Article 43,
§ 560B and, therefore, a separate definition of
that term is not needed. See also §§ 19-333 and
19-336 of this subtitle.

Defined terms: "County" § 1-101

"License" § 19-301 "Person" §§ 1-101 & 19-301

"Nursing home" § 19-333 "Secretary" § 1-101

19-335. HEARING REQUIREMENTS.

(A) IN GENERAL.

(1) EXCEPT AS OTHERWISE PROVIDED     IN SUBSECTION

(B) OF THIS SECTION, THE COURT SHALL HOLD  A HEARING ON A

PETITION UNDER PART V OF THIS SUBTITLE WITHIN   10 DAYS AFTER
THE PETITION IS FILED.

(2) THE OWNER OF THE NURSING HOME SHALL BE GIVEN
NOTICE OF THE HEARING: