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Section 19-1809 – Prohibited Acts

    (a)    (1)    A person may not knowingly and willfully operate, maintain, or own an assisted living program without a license.         (2)    A person who violates paragraph (1) of this subsection is guilty of a felony and on conviction is subject to:             (i)    For a first offense, a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both; […]

Section 19-14A-02 – Report and Audit

    (a)    A nursing home that receives payment from the Medical Assistance Program shall provide a report of the credit balances of the nursing home to the Department on a quarterly basis.     (b)    The Department shall conduct a third party liability review of the report of the credit balances provided under subsection (a) of this section.     (c)    The Department […]

Section 19-1810 – Appeals; Hearing

    (a)    An assisted living program may request an appeal of a civil money penalty imposed under this subtitle.     (b)    A hearing on the appeal shall be held in accordance with:         (1)    The Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article; and         (2)    Regulations adopted by the Secretary.

Section 19-14A-03 – Appeal

    (a)    A nursing home may appeal the results of a final report of a third party liability audit by filing written notice with the Department within 30 days after the nursing home receives the final report from the Department.     (b)    An individual at the Department who did not participate in the final report shall:         (1)    Review the appeal […]

Section 19-1811 – Health Care Quality Account for Assisted Living Programs

    (a)    (1)    There is a Health Care Quality Account for Assisted Living Programs established in the Department.         (2)    The Account shall be funded by civil money penalties paid by assisted living programs and other penalties that the Office of Health Care Quality may assess.         (3)    The Department shall pay all penalties collected under this title to the Comptroller.         (4)    The […]

Section 19-1812 – Emergency Electrical Power Generator

    (a)    Except as provided in subsections (g) and (h) of this section, the Department shall require that each assisted living program facility that provides services to 50 or more individuals have an emergency electrical power generator on the premises.     (b)    The Department shall require that each facility provide emergency electrical power as provided in this section.     (c)    (1)    The […]

Section 19-14B-01 – Pay-for-Performance Program

    (a)    (1)    As provided in subsection (e) of this section, a portion of the revenues from the quality assessment that is assessed under § 19–310.1 of this title shall be distributed to nursing facilities subject to § 19–310.1 of this title based on accountability measures that indicate quality of care or a commitment to quality of care. […]

Section 19-14C-01 – Definitions

    // EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 29 AND 31 OF 2021 SPECIAL SESSION //     (a)    In this section the following words have the meanings indicated.     (b)    “COVID–19” means, interchangeably and collectively, the coronavirus known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus.     (c)    “COVID–19 test” means an in vitro diagnostic test for the detection of SARS–CoV–2 […]

Section 19-14C-02 – Covid-19 Testing Plan

    // EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 29 AND 31 OF 2021 SPECIAL SESSION //     (a)    For calendar years 2021 and 2022, a nursing home shall adopt and implement a COVID–19 testing plan for residents of the nursing home and staff who provide services to residents of the nursing home.     (b)    The COVID–19 testing plan shall […]