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PARRIS N. GLENDENING, Governor
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Ch. 214
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Article 70B - Department of Aging
5.
(a) The Secretary shall receive, investigate, and seek to resolve complaints
concerning the operations of related institutions, as defined in § 19-301 of the Health
- General Article, and the Secretary may, on the Secretary's own motion, make
on-site visits to determine if these institutions are in compliance with applicable
laws, rules, and regulations.
(b) If the Secretary finds that any such related institution is in violation of
any statute, rule, or regulation of any State agency which is directly and specifically
charged with the regulation of any aspect of the institution, the Secretary shall
immediately notify that agency in writing of the findings of fact. If the violation or
condition is not corrected within a reasonable time, the Secretary shall request the
State agency to take the steps necessary to bring the institution into compliance, and
the agency shall take appropriate action.
(c) There is established in the Department a Maryland Long-Term Care
Ombudsman Program. The Secretary shall designate a Maryland Long-Term Care
Ombudsman.
(d) (1) The Secretary may delegate the Secretary's authority under
subsection (a) of this section to the Maryland Long-Term Care Ombudsman and to
the director of a local office on aging in accordance with a local long-term care
ombudsman program established pursuant to regulations promulgated by the
Secretary.
(2) WHEN THE MATTER TO BE RESOLVED DOES NOT RELATE TO ABUSE,
AN OMBUDSMAN MAY ADVOCATE FOR A CONFUSED RESIDENT, IN A NURSING HOME
OR A RELATED INSTITUTION, WHO HAS NO SURROGATE DECISION MAKER
[(2)](3) The regulations shall provide for:
(i) Minimum training requirements for all program staff and
volunteers;
(ii) Cooperation with the Departments of Health and Mental
Hygiene and Human Resources;
(iii) Annual review of all ombudsman activities by the Department;
(iv) Complaint review, investigation, and resolution procedures
including provisions which assure the confidentiality of complaints and the right of
privacy of any complainant or resident of a related institution;
(v) Maintenance by the local ombudsman of a recordkeeping or
information system which assures the confidentiality of records or files and the right
of privacy of any complainant or resident of a related institution; and
(vi) Access, review, and copying of medical records to the extent
authorized by § 4-305(b)(3) of the Health - General Article when the local
ombudsman is the person in interest or as otherwise provided by law.
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- 1429 -
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