970

LAWS OF MARYLAND

Ch. 21

THE ADMINISTRATOR OF A FACILITY IS RESPONSIBLE FOR
CARRYING OUT THIS SECTION.

(0) REPORT OF GRIEVANCES.

(1)  A RESIDENT OF A FACILITY OR THE NEXT OF KIN
OR GUARDIAN OF THE PERSON OF A RESIDENT MAY FILE A COMPLAINT
ABOUT AN ALLEGED VIOLATION OF THIS SECTION.

(2)  THE COMPLAINT MAY BE FILED WITH THE STATE
OFFICE ON AGING OR THE DEPARTMENT.

(3)  THE DIRECTOR ON AGING SHALL:

(I)   INVESTIGATE THE COMPLAINT; AND

(II)  AFTER THE INVESTIGATION, REPORT THE
FINDINGS TO THE COMPLAINANT.

(4)  AFTER RECEIPT OF THE REPORT, THE COMPLAINANT
SHALL BE GIVEN AN OPPORTUNITY FOR A HEARING IN ACCORDANCE
WITH THE RULES AND REGULATIONS THAT THE DEPARTMENT ADOPTS.

(P) EXERCISE OF RIGHTS.

IF A RESIDENT IS ADJUDICATED A DISABLED PERSON, IS
FOUND TO BE MEDICALLY INCOMPETENT BY THE ATTENDING PHYSICIAN
OF THE RESIDENT, OR IS UNABLE TO COMMUNICATE WITH OTHERS,
THE RIGHTS OF THE RESIDENT MAY BE EXERCISED BY:

(1)  THE NEXT OF KIN OF THE RESIDENT;

(2)  GUARDIAN OF THE PERSON OF THE RESIDENT;

(3)  THE SPONSORING AGENCY OF THE RESIDENT; OR

(4)  UNLESS THE FACILITY IS THE REPRESENTATIVE
PAYEE, THE REPRESENTATIVE PAYEE THAT THE SOCIAL SECURITY
ADMINISTRATION DESIGNATES FOR THE RESIDENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 565C(b), (a)(3), (4), (5), (8), (9), (10),
(11), (13), (14), (15), (16), (17), and the
second, third, and fourth sentences of (6),
(h)(1) and the first and third sentences of (2),
and the second clause of the second sentence of
(a).

In subsections (o) and (p) of this action, the
term "guardian of the person" is substituted for
"guardian", to conform to the terminology of the
Estates and Trusts Article.

In subsection (o)(l) of this section, the former