2013 Maryland Code
HEALTH - GENERAL
§ 19-1409 - Oversight Committee on Quality of Care

§19-1409.

(a) There is an Oversight Committee on Quality of Care in Nursing Homes and Assisted Living Facilities.

(b) The Oversight Committee shall consist of the following members:

(1) One member of the Senate Finance Committee, appointed by the President of the Senate;

(2) One member of the Senate Education, Health, and Environmental Affairs Committee, appointed by the President of the Senate;

(3) Two members of the House Health and Government Operations Committee, appointed by the Speaker of the House;

(4) The Secretary of the Department of Aging;

(5) The Secretary of the Department of Health and Mental Hygiene, or the Secretary’s designee;

(6) One representative from the Department of Health and Mental Hygiene’s Mental Hygiene Administration;

(7) The Secretary of the Department of Human Resources, or the Secretary’s designee;

(8) Three representatives of area agencies on aging, one of which shall be a member of a local long-term care ombudsman program established under Title 10, Subtitle 9 of the Human Services Article, appointed by the Secretary of Aging;

(9) One representative from the Health Facilities Association of Maryland;

(10) One representative from the Mid-Atlantic LifeSpan;

(11) One representative of the Hospice Network of Maryland;

(12) One representative of the Maryland Hospital Association;

(13) One representative of the Service Employees International Union;

(14) One representative of the Maryland Chapter of AARP;

(15) One representative of United Seniors of Maryland;

(16) One representative of Voices for Quality Care;

(17) One representative of the Mental Health Association knowledgeable in elderly issues;

(18) One representative of the Greater Maryland Chapter of the Alzheimer’s Association;

(19) Three representatives from the assisted living industry, of which one shall represent a program that cares for one to four residents, one shall represent a program that cares for five to nine residents, and one shall represent a program that cares for more than 10 residents; and

(20) Three consumer members appointed by the Governor, one of whom shall be a consumer living in an assisted living facility.

(c) The Secretary of Aging shall chair the Oversight Committee.

(d) The Oversight Committee shall evaluate the progress in improving nursing home care quality and assisted living facility quality statewide, including consideration of:

(1) Quality of care standards for nursing homes and assisted living facilities;

(2) Standards for the identification of the onset of dementia and Alzheimer’s disease;

(3) Standards for the identification of conditions appropriate for hospice services;

(4) Staffing patterns and staffing standards;

(5) Policies and procedures for inspecting nursing homes and assisted living facilities, and responding to quality of care complaints;

(6) A comparison of Maryland standards, policies, and procedures to those in other states;

(7) The labor pool available to fill nursing and nursing aide jobs;

(8) State funding mechanisms for nursing homes and assisted living facilities, including the Medicaid Nursing Home Reimbursement System, and regulation of nursing homes; and

(9) The provision and quality of mental and behavioral health care services to meet the needs of nursing home and assisted living facility residents.

(e) The Office of Health Care Quality in the Department of Health and Mental Hygiene shall submit a report to the Oversight Committee annually on the status of quality of care in nursing homes and assisted living facilities.

(f) The Deputy Secretary of Health Care Financing, or the Deputy Secretary’s designee, shall report annually to the Oversight Committee on the status of the Medicaid Nursing Home Reimbursement System, which shall include but not be limited to:

(1) Elements of the existing methodology that are no longer relevant;

(2) Elements of the existing methodology that can be revised;

(3) The appropriateness of redesigning the system given changing demographics of the target population; and

(4) General Fund and federal fund savings from a system redesign that may be redirected to nursing home staff development in the nursing cost center.

(g) The Oversight Committee shall review the reports of the Office of Health Care Quality and the Deputy Secretary of Health Care Financing and develop recommendations to continue improvement in nursing home and assisted living facility care.

(h) The Oversight Committee shall report its findings and recommendations to the Governor and, subject to § 2-1246 of the State Government Article, to the General Assembly on or before December 1 of each year.

(i) The Department of Aging, with assistance from the Department of Health and Mental Hygiene, the Department of Human Resources, and the Department of Legislative Services, shall provide staff support for the Oversight Committee.