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ROBERT L. EHRLICH, JR., Governor Ch. 478
the Account is a continuing nonlapsing fund; providing that any unspent
portions of the Account shall remain in the Account; providing that the Account
shall be used for certain purposes designed to improve the quality of care;
requiring the Department to adopt certain regulations; and generally relating to
assisted living programs.
BY adding to
Article - Health - General
Section 19-1808 through 19-1810
Annotated Code of Maryland
(2005 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - General
19-1808.
(A) (1) A PERSON MAY NOT KNOWINGLY AND WILLFULLY OPERATE,
MAINTAIN, OR OWN AN ASSISTED LIVING PROGRAM WITHOUT A LICENSE.
(2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION IS
GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO:
(I) FOR A FIRST OFFENSE, A FINE NOT EXCEEDING $10,000 OR
IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH, OR
(II) FOR A SUBSEQUENT OFFENSE, A FINE NOT EXCEEDING $20,000
OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH.
(2) IF THE DEPARTMENT FINDS AN ASSISTED LIVING PROGRAM TO BE IN
VIOLATION OF PARAGRAPH (1) OF THIS SUBSECTION. THE DEPARTMENT SHALL SEND
WRITTEN NOTICE TO THE PROGRAM 30 DAYS BEFORE THE STATE FILES CHARGES
UNDER THIS SECTION IN ORDER TO GIVE THE PROGRAM AN OPPORTUNITY TO COME
INTO COMPLIANCE WITH LICENSURE REQUIREMENTS.
(4) A PERSON MAY NOT BE SUBJECT TO PARAGRAPH (2) OF THIS
SUBSECTION IF THE PERSON HAS;
(I) APPLIED IN GOOD FAITH TO THE DEPARTMENT FOR AN
ASSISTED LIVING PROGRAM LICENSE;
(II) IS AWAITING A DECISION FROM THE DEPARTMENT REGARDING
THE APPLICATION; AND
(III) HAS NOT BEEN DENIED AN ASSISTED LIVING PROGRAM
LICENSE ON A PRIOR OCCASION.
(5) IN RECOMMENDING THE AMOUNT OF THE CRIMINAL PENALTY
UNDER PARAGRAPH (2) OF THIS SUBSECTION, THE STATE SHALL CONSIDER FACTORS
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