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Session Laws, 2003
Volume 799, Page 2365   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 316

(x) Provision of medically necessary sickroom equipment and
supplies; OR

(XI) A NURSE REGISTRY THAT IS AN EMPLOYMENT AGENCY UNDER
THE PROVISIONS OF THE MARYLAND EMPLOYMENT AGENCY ACT.

(2)     However, the provisions of this subsection do not apply to[:

(i) A nurse registry that is licensed under the provisions of the
Maryland Employment Agency Act; or

(ii) A] A home-based hospice care program that is licensed as a
home-based hospice care program under the provisions of Subtitle 9 of this title.

(3)     A home health agency shall also be licensed as a hospice care
program if the home health agency operates a hospice care program that is distinct
from its other services.

19-4A-01.

(e) (1) "Residential service agency" means any person that is engaged in a
nongovernmental business of employing or contracting with individuals to provide
home health care for compensation to an unrelated sick or disabled individual in the
residence of that individual.

(2)     "Residential service agency" includes:

(I)      any agency that employs or contracts with individuals directly
for hire as home health care providers; OR

(II)     A NURSE REGISTRY THAT IS AN EMPLOYMENT AGENCY UNDER
THE PROVISIONS OF THE MARYLAND EMPLOYMENT AGENCY ACT THAT:

1.       SCREENS OR REFERS INDIVIDUALS FOR A CLIENT'S
SELECTION OR REJECTION, AS ITS SOLE BUSINESS OPERATION; AND

2.       DOES NOT ITSELF PROVIDE ANY HOME HEALTH CARE
SERVICE.

(3)     "Residential service agency" does not include:

(i) A home health agency that is licensed under the provisions of
Subtitle 4 of this title;

(ii) A person required to be licensed as a home health agency under
the provisions of Subtitle 4 of this title;

(iii) A home-based hospice care program that is licensed under the
provisions of Subtitle 9 of this title;

(iv) A hospital that is licensed under the provisions of Subtitle 3 of
this title;

(v) A related institution that is licensed under the provisions of
Subtitle 3 of this title;

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Session Laws, 2003
Volume 799, Page 2365   View pdf image
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