ROBERT L. EHRLICH, JR., Governor                            Ch. 427

residents and may not disclose the information provided to a resident, except with the
express consent of the resident or the resident's legal guardian or health care
representative.

(3) Public or private nursing facilities may require the employees or
representatives of protection and advocacy agencies and of centers for independent
living to provide proof of their employment [and training] before authorizing the
access required under paragraph (1) of this subsection.

(G) ON OR BEFORE JANUARY 1 OF EACH YEAR, THE DEPARTMENT, AND THE
DEPARTMENT'S DESIGNEE, SHALL REPORT TO THE GOVERNOR AND THE GENERAL
ASSEMBLY, IN ACCORDANCE WITH § 2-1246 OF THE STATE GOVERNMENT ARTICLE,
ON:

(1)     THE DEPARTMENTS EFFORTS TO PROMOTE HOME- AND
COMMUNITY-BASED SERVICES;

(2)      THE NUMBER OF NURSING FACILITY RESIDENTS REFERRED OR
IDENTIFIED UNDER SUBSECTIONS (C) AND (D) OF THIS SECTION IN THE PREVIOUS
YEAR;

(3) THE NUMBER OF NURSING FACILITY RESIDENTS WHO
TRANSITIONED FROM NURSING FACILITIES TO HOME- AND COMMUNITY-BASED
WAIVER SERVICES;

(4) ANY OBSTACLES THE DEPARTMENT CONFRONTED IN ASSISTING
NURSING HOME RESIDENTS TO MAKE THE TRANSITION FROM A NURSING FACILITY
TO A COMMUNITY-BASED RESIDENCE; AND

(5) THE DEPARTMENT'S RECOMMENDATIONS FOR REMOVING THE
OBSTACLES.

Chapter 303 of the Acts of 2003

[SECTION 3. AND BE IT FURTHER ENACTED, That on or before January 1
of each year, the Secretary of Health and Mental Hygiene shall submit a report to the
General Assembly, in accordance with § 2-1246 of the State Government Article, and
to the Department of Legislative Services on:

(1) State efforts to promote home- and community-based services under this
Act; and

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