HARRY HUGHES, Governor

995

(2) ISSUE, DENY, OR REVOKE A HOME HEALTH AGENCY
LICENSE IN ACCORDANCE WITH THE RULES AND REGULATIONS ADOPTED
UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 880.

The only changes are in style.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that it may wish to add the express power to
suspend a license, for conformity to other
provisions for disciplinary actions against a
licensee.

Defined terms: "Department" § 1-101
"Home health agency" § 19-401

19-408. PROHIBITED ACTS.

(A)  PRACTICING WITHOUT LICENSE.

A PERSON MAY NOT OPERATE, ATTEMPT TO OPERATE, OR HOLD
ONE'S SELF OUT AS OPERATING A HOME HEALTH AGENCY UNLESS
LICENSED UNDER THIS SUBTITLE.

REVISOR'S NOTE: This subsection is standard language
added to state a fundamental prohibition implicit
throughout the former provisions of Article 43
that related to home health agencies.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that there is no penalty provision for operating

without a license or for violating rules and
regulations adopted under this subtitle.

Defined terms: "Home health agency" § 19-401
"Person" § 1-101

(B)  DISCRIMINATION.

A HOME HEALTH AGENCY MAY NOT WITHHOLD ANY HOME HEALTH
CARE SERVICES FROM AN INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S
AGE, SEX, COLOR, CREED, NATIONAL ORIGIN, SOURCE OF PAYMENT,
OR ABILITY TO PAY.

REVISOR'S NOTE: This subsection formerly appeared as
the second sentence of Article 43, § 882.

The word "individual" is substituted for
"patient", to reflect that, if services are
denied, the individual is not a patient.
However, see revisor's note to § 19-401 of this