HARRY HUGHES, Governor                                       3551

Association to urge the U.S. Department of Health and Human
Services to revise its long-term care survey process, and to
allow states more flexibility in implementing and enforcing
nursing home regulations.

WHEREAS, The Department of Health and Mental Hygiene
currently possesses sufficient tools and flexibility to enforce
federal certification and licensing regulations applicable to
nursing homes in Maryland; and

WHEREAS, The community of nursing home providers supports
the Department's efforts in the flexible enforcement of federal
certification and licensing regulations, and continues to offer
assistance to the Department in improving the quality of care
afforded to residents of health related institutions; and

WHEREAS, The U.S. Department of Health and Human Services
has mandated that effective April 1, 1986, all Maryland health
related institutions be inspected under a new patient oriented
survey process known as "Long-Term Care Surveys"; and

WHEREAS, The U.S. Department of Health and Human Services
has also mandated new federal certification and termination
procedures affecting all Maryland health related institutions
which could result in immediate termination of federal Medicaid
and Medicare funds for nursing homes without prior right of
appeal; and

WHEREAS, The Secretary of Health and Mental Hygiene has
determined that the ability of the Office of Licensing and
Certification to utilize the enforcement tools provided by the
General Assembly will be greatly restricted under the federally
mandated procedures; and

WHEREAS, The Secretary of Health and Mental Hygiene has
determined that the implementation dates for the new survey
process and the new decertification procedures make it virtually
impossible to train survey personnel and implement the new
procedures in a timely manner which could result in the loss of
federal Medicaid and Medicare funds; now, therefore, be it

RESOLVED BY THE GENERAL ASSEMBLY OF MARYLAND, That this body
requests the President of the United States, the Congress of the
United States, the Governor, and the National Governor's
Association to urge the U.S. Department of Health and Human
Services to adopt a system for revising the long-term care survey
process based on experience with the system, and to authorize
states that currently have survey programs comparable to the
federally mandated program to continue their programs, and
finally, to allow each state the flexibility needed to implement
and enforce appropriate regulations with innovative procedures;
and be it further

RESOLVED, That copies of this Resolution be forwarded by the
Department of Legislative Reference to the Honorable Ronald