ROBERT L. EHRLICH, JR., Governor                            S.B. 343

(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, A
FAMILY COUNCIL MAY NOT BE CREATED OR LED BY THE OWNER, OPERATOR, OR
STAFF OF A NURSING HOME.

(II) IN ORDER TO FACILITATE THE DEVELOPMENT OF A FAMILY
COUNCIL, THE OWNER, OPERATOR, OR STAFF OF A NURSING HOME MAY LEAD THE
FAMILY COUNCIL FOR NO LONGER THAN 6 MONTHS AT WHICH TIME THE FAMILY
COUNCIL SHALL BE LED BY A MEMBER OF THE FAMILY COUNCIL.

(C) A NURSING HOME SHALL GIVE EACH NEW OR PROSPECTIVE RESIDENT
THE FOLLOWING WRITTEN INFORMATION ABOUT THE FAMILY COUNCIL:

(1)      THE NAME, ADDRESS, AND PHONE NUMBER OF A CURRENT MEMBER
OF THE FAMILY COUNCIL;

(2)      A BRIEF DESCRIPTION OF THE PURPOSE AND FUNCTION OF THE
FAMILY COUNCIL; AND

(3)      INSTRUCTIONS ON HOW THE RESIDENT OR PROSPECTIVE RESIDENT
MAY REVIEW THE PUBLIC FILES DESCRIBED IN SUBSECTION. (E) OF THIS SECTION;
AND

(4) THE NAME, ADDRESS, AND PHONE NUMBER OF THE STATE OR LOCAL
OMBUDSMAN.

(D)     A NURSING HOME SHALL RESPOND IN WRITING TO ANY WRITTEN
GRIEVANCE OR OTHER WRITTEN COMMUNICATION FROM THE FAMILY COUNCIL
WITHIN 10 14 CALENDAR DAYS AFTER RECEIVING A COMMUNICATION.

(E)     (1) A NURSING HOME SHALL CREATE AND MAINTAIN A PUBLIC
CORRESPONDENCE FILE AND A REGULATORY CORRESPONDENCE FILE FOR
COMMUNICATIONS WITH A FAMILY COUNCIL.

(2)      THE CORRESPONDENCE FILES SHALL INCLUDE A COPY OF EACH
WRITTEN COMMUNICATION AND RESPONSE DESCRIBED IN SUBSECTION (D) OF THIS
SECTION.

(3)      (I) THE RECORDS IN THE REGULATORY FILE SHALL BE UNEDITED.

(II) THE RECORDS IN THE PUBLIC FILE SHALL DELETE ANY
INFORMATION THAT IDENTIFIES AN INDIVIDUAL RESIDENT.

(4)      THE PUBLIC FILE MAY BE REVIEWED BY A RESIDENT, PROSPECTS
RESIDENT, OR THE REPRESENTATIVE OF EITHER A RESIDENT OR PROSPECTIVE
RESIDENT DURING NORMAL BUSINESS HOURS AND AT ANY OTHER TIME THE
NURSING HOME AGREES TO MAKE THE PUBLIC FILE AVAILABLE.

(5)     THE NURSING HOME SHALL PROMPTLY COMPLY WITH A REQUEST
BY A LICENSING AUTHORITY TO REVIEW THE RECORDS IN EITHER THE PUBLIC OR
REGULATORY FILES.

Article 70B - Department of Aging

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