Maryland Department of Aging Section 4

      (a)      The Secretary shall:

            (1)      Administer programs and activities delegated by the federal government to the State under the provisions of the Older Americans Act of 1965, as amended, which are not otherwise committed by law to some other unit of State government;

            (2)      Evaluate the service needs of elderly persons in the State;

            (3)      Determine the extent to which existing public and private programs meet the needs of the elderly;

            (4)      Establish priorities for meeting the needs of the elderly;

            (5)      Represent the interests of the elderly by serving as an advocate at all levels of government;

            (6)      Provide consultation and technical assistance to communities and civic groups developing local services for elderly persons;

            (7)      Maintain a clearinghouse of information related to the interests of the elderly;

            (8)      Coordinate, subject to existing law, assess, and evaluate all State and local programs and services, both public and private, insofar as they relate and are important to the well-being of the State's aged, including programs and services in the areas of income maintenance, public health, mental health, housing and urban development, employment, education, recreation, and rehabilitation of the physically and mentally handicapped;

            (9)      Review and formulate policy recommendations to the Governor on publicly funded plans and programs which have an impact on the aged;

            (10)      Consult with and advise the secretaries of the principal departments of State government with respect to the programs and services for the aged, for which they are primarily responsible;

            (11)      Chair the Interagency Committee on Aging Services;

            (12)      Develop a statewide plan incorporating local plans for a comprehensive and coordinated system of health, social, and community services for the aged, including housing, institutional, and noninstitutional care;

            (13)      Cooperate with and receive the cooperation of State, federal and local governmental units and agencies in effectuating the purposes of this article;

            (14)      Consult with the Commission on Aging on all matters pertaining to programs;

            (15)      Be a member of the Governor's Executive Council;

            (16)      Accept and use any State or federal funds for the purposes specified in this article;

            (17)      Prepare and submit a budget for the Department in accordance with the normal budget procedures;

            (18)      With the advice and recommendation of the Commission on Aging, submit a report to the Governor and, subject to § 2-1246 of the State Government Article, to the General Assembly on or before January 1 of each year that includes:

                  (i)      A description of the elderly citizen activities centers in each political subdivision;

                  (ii)      The allocation and use of funds made available for elderly citizen activities centers; and

                  (iii)      The results of any studies and recommendations, if any, for legislation; and

            (19)      Subject to § 2 of this article, appoint a deputy secretary.

      (b)      With respect to congregate housing services, the Secretary shall:

            (1)      Develop congregate housing services programs for the elderly, in conjunction with any public or private profit or nonprofit corporation or any State or federal agency;

            (2)      Make maximum use of rent and other subsidies available from federal and State sources and provide for subsidies necessary from State general funds to assist low income aged to reside in congregate housing services programs as an alternative to more costly, but not required, institutional care;

            (3)      Find sponsors or managers for congregate housing services programs;

            (4)      Assist developers in formulating design concepts and meeting program needs;

            (5)      When necessary, provide subsidies for congregate meals, housekeeping, and personal services for congregate housing services programs, and develop eligibility requirements in connection with these subsidies;

            (6)      Adopt regulations governing the certification and operation of congregate housing services programs;

            (7)      Be authorized to conduct federal and State criminal background investigations of providers of congregate housing services programs and their employees;

            (8)      Adopt regulations which provide for investigations of any criminal record of a congregate housing services program provider or employee under paragraph (6) of this subsection;

            (9)      Certify and review the compliance of congregate housing services programs with the regulations established for governing the certification and operation of these programs;

            (10)      As a prerequisite to certification and renewal of certification for providers of congregate housing services programs, require each provider of congregate housing services for elderly individuals who suffer from Alzheimer's disease and related disorders to have an in-service education program that includes instruction on dementia and the techniques necessary to manage dementia patients with regard to their physical, intellectual, and behavioral manifestations; and

            (11)      Be authorized to impose a civil money penalty against a provider of congregate housing services under § 4-I of this article.

      (c)      (1)      Any individual 70 years old or older is eligible for appointment to any nontemporary position in the State Personnel Management System for which the individual qualifies, and the appointment is subject to the provisions of the State Personnel and Pensions Article.

            (2)      Any individual who is first appointed to a nontemporary position governed by the State Personnel Management System at the age of 70 or older shall not be eligible for membership in the pension systems of the State.

      (d)      With respect to assisted living programs, as defined under § 19-1801 of the Health - General Article, the Secretary shall:

            (1)      Develop assisted living programs for the elderly, in conjunction with any public or private profit or nonprofit corporation or any State or federal agency;

            (2)      Make maximum use of rent and other subsidies available from federal and State sources and provide for subsidies necessary from State general funds to assist low income elderly individuals to reside in assisted living programs as an alternative to more costly, but not required, institutional care, including, when necessary and in accordance with available funds, monthly subsidies for residents of assisted living programs whose adjusted gross annual income is less than their cost of care for assisted living services, provided that the subsidies meet the gap between income and cost of care to a maximum of $650 per month;

            (3)      Find sponsors for assisted living programs;

            (4)      Assist developers in formulating design concepts and meeting program needs;

            (5)      When necessary and in accordance with available funds, provide subsidies for congregate meals, housekeeping, and personal services for assisted living programs and develop eligibility requirements in connection with these subsidies;

            (6)      Adopt regulations governing eligibility requirements for subsidies; and

            (7)      Review the compliance of assisted living programs with the regulations adopted by the Secretary of Health and Mental Hygiene for licensing these programs to operate in the State.