Ch. 452

LAWS OF MARYLAND

UNDER SUBSECTION (B) OF THIS SECTION, THE ADMINISTRATOR OF THE
FACILITY SHALL SUBMIT THE PROPOSED CHANGE TO THE DEPARTMENT.

(D) THE DEPARTMENT, AFTER CONSULTING WITH THE OFFICE ON
AGING, SHALL ADOPT REGULATIONS TO IMPLEMENT THE PROVISIONS OF
THIS SECTION. THE REGULATIONS SHALL INCLUDE:

(1) MINIMUM REQUIREMENTS FOR APPLICATIONS OR

CONTRACTS FOR ADMISSION;

(2) PROHIBITED PROVISIONS FOR APPLICATIONS OR

CONTRACTS FOR ADMISSIONS; AND

(3) STANDARDS FOR DETERMINING WHAT CONSTITUTES A
SUBSTANTIVE CHANGE IN AN APPLICATION OR CONTRACT FOR ADMISSION
REVIEW THE APPLICATIONS AND CONTRACTS TO ASSURE:

(1) THAT THE RIGHTS, RESPONSIBILITIES, AND DUTIES OF
THE PARTIES ARE SET FORTH CLEARLY AND LEGIBLY;

(2) THAT THEY COMPLY WITH APPLICABLE FEDERAL AND

STATE LAWS, INCLUDING THE PATIENT'S BILL OF RIGHTS; AND

(3) THAT THEY DO NOT CONTAIN PROVISIONS WHICH ARE
UNENFORCEABLE BECAUSE OF PUBLIC POLICY.

(E) (1) ANY APPLICATION OR CONTRACT FOR ADMISSION SUBMITTED
BY A FACILITY TO THE DEPARTMENT FOR REVIEW AND APPROVAL IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SHALL BE DEEMED
APPROVED IF THE DEPARTMENT FAILS TO MAKE A DECISION ON THE
PROPOSED APPLICATION OR CONTRACT FOR ADMISSION WITHIN 30 DAYS OF
ITS SUBMISSION.

(2) ANY SUBSTANTIVE CHANGE IN AN APPLICATION OR
CONTRACT FOR ADMISSION SUBMITTED BY A FACILITY TO THE DEPARTMENT
FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION SHALL BE DEEMED APPROVED IF THE DEPARTMENT FAILS TO MAKE
A DECISION ON THE PROPOSED SUBSTANTIVE CHANGE WITHIN 15 DAYS OF
ITS SUBMISSION.

(3) ANY DECISION DISAPPROVING ANY PROVISION OF ANY
APPLICATION OR CONTRACT SHALL CLEARLY AND WITH PARTICULARITY
STATE THE GROUNDS FOR SUCH DISAPPROVAL.-----------------------------

(F) THE DEPARTMENT SHALL ADOPT REGULATIONS TO IMPLEMENT THE

PROVISIONS OF THIS SECTION.------------------------------------------

19-343.

(b) (1)     The General Assembly intends to promote the

interests and  well-being of each resident of a facility.

- 3264 -