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Martin O'Malley, Governor
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Ch.3
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REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 4(d).
As to the substitution of the references to "seniors" for the former
references to "the elderly" and "elderly individuals" in the introductory
language of subsection (b) and in subsection (c)(1)(ii) of this section, see
General Revisor's Note to title.
In subsection (b)(2) of this section, the reference to State or federal "units"
is substituted for the former reference to a State or federal "agency". See
General Revisor's Note to article.
Defined term: "Secretary" § 10-101
10-212. RELATED INSTITUTIONS.
(A) "RELATED INSTITUTION'' DEFINED.
IN THIS SECTION, "RELATED INSTITUTION" HAS THE MEANING STATED IN
§ 19-301 OF THE HEALTH - GENERAL ARTICLE.
(B) INVESTIGATIONS AND OVERSIGHT.
ON THE SECRETARY'S INITIATIVE, THE SECRETARY MAY VISIT A RELATED
INSTITUTION TO DETERMINE WHETHER THE RELATED INSTITUTION IS COMPLYING
WITH APPLICABLE LAWS AND REGULATIONS.
(C) COMPLAINTS.
THE SECRETARY SHALL RECEIVE, INVESTIGATE, AND SEEK TO RESOLVE
COMPLAINTS ABOUT THE OPERATION OF A RELATED INSTITUTION.
(D) FINDINGS.
(1) IF THE SECRETARY FINDS THAT A RELATED INSTITUTION IS IN
VIOLATION OF ANY LAW OR ANY REGULATION OF A STATE UNIT THAT IS DIRECTLY
AND SPECIFICALLY CHARGED WITH REGULATING ANY ASPECT OF THE RELATED
INSTITUTION, THE SECRETARY SHALL NOTIFY THE UNIT IMMEDIATELY IN WRITING
OF THE FINDING.
(2) IF THE VIOLATION IS NOT CORRECTED WITHIN A REASONABLE TIME:
(I) THE SECRETARY SHALL REQUEST THE STATE UNIT TO TAKE
THE STEPS NECESSARY TO BRING THE RELATED INSTITUTION INTO COMPLIANCE;
AND
(II) THE STATE UNIT SHALL TAKE APPROPRIATE ACTION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 5(a) and (b).
In subsection (b) of this section, the reference to the Secretary's "initiative"
is substituted for the former reference to the Secretary's "own motion" for
clarity.
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- 405 -
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