PARRIS N. GLENDENING, Governor                                 Ch. 147

RESOURCES, IN ACCORDANCE WITH AN INTERAGENCY AGREEMENT, FOR THE
PURPOSE OF ENSURING COMPLIANCE WITH THE REGULATIONS ADOPTED BY THE
DEPARTMENT UNDER THIS SUBTITLE

19-1805.

(A)     THE DEPARTMENT SHALL:

(1)      DEFINE DIFFERENT LEVELS OF ASSISTED LIVING ACCORDING TO
THE LEVEL OF CARE PROVIDED;

(2)      REQUIRE ALL ASSISTED LIVING PROGRAMS TO BE LICENSED TO
OPERATE ACCORDING TO THE LEVEL OF THE PROGRAM;

(3)      DEVELOP A WAIVER PROCESS FOR AUTHORIZING AN ASSISTED
LIVING PROGRAM TO CONTINUE TO CARE FOR AN INDIVIDUAL WHOSE MEDICAL OR
FUNCTIONAL CONDITION HAS CHANGED SINCE ADMISSION TO THE PROGRAM TO
AN EXTENT THAT THE LEVEL OF CARE REQUIRED BY THE INDIVIDUAL EXCEEDS
THE LEVEL OF CARE FOR WHICH THE PROGRAM IS LICENSED;

(3)      (4) PROMOTE AFFORDABLE AND ACCESSIBLE ASSISTED LIVING
PROGRAMS THROUGHOUT THE STATE;

(4)      (5) ESTABLISH AND ENFORCE QUALITY STANDARDS FOR
ASSISTED LIVING PROGRAMS;

(5)      (6) REQUIRE PERIODIC INSPECTIONS OF ASSISTED LIVING
PROGRAM FACILITIES;

(6) (7) ESTABLISH REQUIREMENTS FOR THE QUALIFICATIONS OR
TRAINING OR BOTH OF ASSISTED LIVING PROGRAM EMPLOYEES;

(7) (8) ESTABLISH A "RESIDENT BILL OF RIGHTS" FOR RESIDENTS OF
ASSISTED LIVING PROGRAM FACILITIES; AND

(8) (9) DEFINE WHICH, IF ANY, ASSISTED LIVING PROGRAMS MAY BE
EXEMPT FROM THE REQUIREMENTS OF § 19-311 OF THIS TITLE.

(B)     (1) THE DEPARTMENT, IN CONSULTATION WITH REPRESENTATIVES OF
THE AFFECTED INDUSTRY AND ADVOCATES FOR RESIDENTS OF THE FACILITIES
AND WITH THE APPROVAL OF THE OFFICE ON AGING AND THE DEPARTMENT OF
HUMAN RESOURCES, SHALL ADOPT REGULATIONS TO IMPLEMENT THIS SUBTITLE
WITH THE APPROVAL OF THE OFFICE ON AGING AND THE DEPARTMENT OF HUMAN
RESOURCES.

(2) THE REGULATIONS ADOPTED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL:

(I) PROVIDE FOR THE LICENSING OF ASSISTED LIVING PROGRAMS
AND THE RENEWAL OF LICENSES;

(II) REQUIRE THE SECRETARY TO CHARGE FEES IN A MANNER
THAT WILL PRODUCE FUNDS NOT TO EXCEED THE ACTUAL DIRECT AND INDIRECT

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