WILLIAM DONALD SCHAEFER, Governor                           Ch. 18

CHAPTER 18
(Senate Bill 157)

AN ACT concerning

Home Health Agencies

FOR the purpose of altering the definition of "home health agency" in provisions of law
relating to home health care; and making a conforming change.

BY repealing and reenacting, with amendments,
Article - Health - General
Section 19-401(b) and 19-404
Annotated Code of Maryland
(1990 Replacement Volume and 1992 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

19-401.

(b) "Home health agency" means a health-related institution, ORGANIZATION,
or a part of an institution that:

(1)     Is owned or operated by 1 or more persons, whether or not for profit and
whether as a public or private enterprise; and

(2)     Directly or through a contractual arrangement, provides to a sick or
disabled individual in the residence of that individual [home health care that is
administered centrally] SKILLED NURSING SERVICES, HOME HEALTH AID SERVICES,
AND AT LEAST ONE OTHER HOME HEALTH CARE SERVICE AND THAT ARE
CENTRALLY ADMINISTERED.

19-404.

(a)     The Department shall adopt rules and regulations that set standards for the
care, treatment, health, safety, welfare, and comfort of patients of home health agencies.

(b)     The rules and regulations shall provide for the licensing of home health
agencies and annual license renewal, and shall establish standards that require as a
minimum, that all home health agencies:

(1)     Within 10 days of acceptance of a patient for skilled care, make and
record all reasonable efforts to contact a physician to obtain the signed order required
under paragraph (2);

(2)     That accept patients for skilled care do so only on the signed order of a
physician obtained within 28 days after acceptance;

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