VETOES

Nationally, there has been a tremendous concern about the
conditions and standards in board and care homes. Recent
Congressional studies have revealed that many board and care
homes are not equipped with fire safety equipment,
inappropriately use chemical and physical restraints, and are
unsanitary and ill-kept. Elderly and mentally disabled residents
of homes have been found to be particularly vulnerable because
they are usually poor, frequently have no place else to go, and
are unlikely to have friends or relatives to look out for their
welfare. In the last 12 months alone, the Department of Health
and mental Hygiene has been forced to close three domiciliary
care homes.

Consequently, the growing trend in this country is to begin
licensing at a lower, rather than higher number of residents.
The national average size requirement for licensure is three
residents, and only three states use six residents as the
starting point for licensure. If Maryland raises the number to
seven before licensure is required, we would be moving opposite
of this national trend.

While I know the sponsors' intent is good, I believe the Office
on Aging has raised serious concerns regarding the impact House
Bill 709 may have on the health and welfare of residents in an
unlicensed domiciliary care home. I share, however, the
sponsors' desire to encourage the development of domiciliary care
homes and by this letter, I am directing the Office on Aging to
work with the sponsors on this important issue.

For the above reasons, I have decided to veto HB 709.

Sincerely,

William Donald Schaefer

Governor

House Bill No. 709

AN ACT concerning

Domiciliary Care Homes - Care Provided

FOR the purpose of altering the number of residents that may be
provided care in registered and licensed domiciliary care
homes; specifying that registered and licensed domiciliary
care homes may provide certain services; specifying that
domiciliary care homes may not admit or retain certain
residents; and generally relating to the care provided in
domiciliary care homes.

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