2013 Maryland Code
HEALTH - GENERAL
§ 19-1804 - Duties of Department of Health and Mental Hygiene

§19-1804.

The Department shall:

(1) Serve as the point of entry for persons desiring information on assisted living programs;

(2) Provide the Department of Aging and other State agencies that routinely receive inquiries from the public about assisted living with information that will enable the agencies to respond to the inquiries accurately and effectively; and

(3) Delegate various aspects of its responsibilities under this subtitle to monitor and inspect assisted living programs and facilities to the Department of Aging and the Department of Human Resources, in accordance with an interagency agreement, for the purpose of ensuring compliance with the regulations adopted by the Department under this subtitle.

§ 19-1804 - 1. License.

(a) In general. -- A person shall be licensed by the Department to conduct, operate, or maintain an assisted living program in the State.

(b) Application. --

(1) A person shall submit an application for licensure to conduct, operate, or maintain an assisted living program to the Secretary on a form developed by the Secretary.

(2) (i) The Secretary shall develop the application for licensure required under paragraph (1) of this subsection.

(ii) The application shall include the name and address of each officer, manager, alternate manager, and delegating nurse or case manager of the assisted living program.

(3) An applicant for licensure shall submit the fee established in regulation under § 19-1805(b)(2)(ii) of this subtitle.

(4) In addition to the application, an applicant for initial licensure shall submit to the Secretary:

(i) Information concerning any license or certification held by the applicant under the Health Occupations Article or under this article, including the prior or current operation by the applicant of a health care facility, residential facility, or similar health care program;

(ii) Information demonstrating the financial and administrative ability of the applicant to operate an assisted living program in compliance with this subtitle;

(iii) The policies and procedures to be implemented by the assisted living program;

(iv) Identification of the personnel and relief personnel to be employed by the assisted living program; and

(v) Any other information that is relevant to the ability of the applicant to care for the residents of the assisted living program.

(c) Review and investigation by Secretary. --

(1) The Secretary shall:

(i) Review the application and information received under subsection (b) of this section; and

(ii) Conduct an independent investigation of the assisted living program applying for initial licensure.

(2) Based on the review and investigation conducted under paragraph (1) of this subsection, the Secretary shall:

(i) Authorize the unconditional approval of the application;

(ii) Authorize the conditional approval of the application; or

(iii) Deny the application.

(d) Expiration. --

(1) Except as provided in paragraph (2) of this subsection, an assisted living program license is valid for 2 years.

(2) The Secretary may issue an initial probationary license that is valid for less than 2 years.