Maryland HB 429: Health Facilities - Augmentation of Survey Staff - Nursing Homes

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0429*

HOUSE BILL 429
J3 5lr1512
HB 1475/24 – HGO CF SB 376
By: Delegate Cullison Delegates Cullison, Alston, Bagnall, Bhandari, Chisholm,
Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr, Kipke, Lopez,
Martinez, M. Morgan, Pena–Melnyk, Reilly, Rosenberg, Ross, Szeliga,
Taveras, White Holland, Woods, and Woorman
Introduced and read first time: January 16, 2025
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 19, 2025

CHAPTER ______

AN ACT concerning 1

Health Facilities – Delegation of Inspection Authority Augmentation of Survey 2
Staff – Nursing Homes 3

FOR the purpose of requiring the Secretary of Health, on request of a county, to delegate 4
to the county the authority to conduct site visits and full surveys of nursing homes; 5
requiring that the Maryland Department of Health and certain counties equally 6
share certain costs under certain circumstances augment State nursing home survey 7
staff using county funds under certain circumstances; requiring the Maryland 8
Department of Health to initiate a certain memorandum of understanding and 9
develop a certain plan with a requesting county within a certain period of time; and 10
generally relating to the inspection of nursing homes and the delegation of authority. 11

BY repealing and reenacting, with amendments, 12
Article – Health – General 13
Section 19–1408 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Health – General 19

2 HOUSE BILL 429

19–1408. 1

(a) (1) Subject to subsection (c) of this section, the Department shall make a 2
site visit and conduct a full survey of each licensed nursing home at least once per calendar 3
year. 4

(2) Unless otherwise required by federal law, all surveys shall be 5
unannounced. 6

(b) (1) Subject to paragraph (2) of this subsection, the Department shall 7
initiate an investigation of a nursing home complaint alleging actual harm within 10 8
business days after receiving the complaint. 9

(2) If the Department receives a complaint against a nursing home alleging 10
immediate jeopardy to a resident, the Department: 11

(i) Shall make every effort to investigate the complaint within 24 12
hours after receiving the complaint; and 13

(ii) Shall investigate the complaint not later than 48 hours after 14
receiving the complaint. 15

(c) If ownership of a licensed nursing home is transferred to a person that does 16
not own or operate another nursing home in the State at the time of the transfer, the 17
Department shall conduct: 18

(1) The first full survey of the licensed nursing home as required under 19
subsection (a) of this section within 3 months after the date of transfer; and 20

(2) An unannounced, on–site follow–up survey of the licensed nursing 21
home that covers any deficiencies noted in the full survey within 120 days after the full 22
survey was completed. 23

(D) (1) ON REQUEST OF A COUNTY, THE SECRETARY SHALL DELEGATE TO 24
THE COUNTY THE AUTHORITY TO CONDUCT SITE VISITS AND FULL SURVEYS OF 25
NURSING HOMES UNDER THIS SECTION. 26

(2) THE DEPARTMENT AND THE COUNTY SHALL EQUALLY SHARE THE 27
COSTS OF CONDUCTING SITE VISITS AND FULL SURVEYS DELEGATED BY THE 28
SECRETARY UNDER PARAGRAPH (1) OF THIS SUBSECTION. 29

(D) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, IF BY JULY 1, 30
2026, THE DEPARTMENT IS 6 MONTHS OR MORE BEHIND THE FEDERAL 31
REQUIREMENT OF CONDUCTING NURSING HOME SURVEYS EVERY 15.9 MONTHS 32
ACCORDING TO THE DEPARTMENT’S MOST RECENT DATA, ON REQUEST OF A 33

HOUSE BILL 429 3

COUNTY, THE SECRETARY SHALL DELEGATE TO THE COUNTY THE AUTHORITY TO 1
AUGMENT STATE NURSING HOME SURVEY STAFF USING COUNTY FUNDS IN 2
ACCORDANCE WITH THIS SUBSECTION. 3

(2) WITHIN 45 DAYS AFTER A COUNTY MAKES A REQUEST UNDER 4
PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT SHALL: 5

(I) INITIATE A MEMORANDUM OF UNDERSTANDING WITH THE 6
COUNTY TO USE COUNTY FUNDS TO CONDUCT SURVEYS AND COMPLAINT 7
INVESTIGATIONS OF NURSING HOMES; AND 8

(II) DEVELOP A PLAN WITH THE COUNTY ON HOW TO 9
IMPLEMENT THE AUGMENTATION OF STAFF. 10

(3) A MEMORANDUM OF UNDERSTANDING INITIATED OR A PLAN OF 11
ACTION DEVELOPED UNDER THIS SUBSECTION MAY NOT RESTRICT A COUNTY’S 12
PROGRESSION TO THE NEXT SURVEY TIER IF AN EXEMPTION FROM THE TIERS IS 13
AUTHORIZED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR 14
NURSING HOMES. 15

(4) THE DEPARTMENT SHALL INCLUDE, AS PART OF THE REPORTING 16
REQUIREMENTS UNDER § 19–308(B)(4) OF THIS TITLE AND § 19–1409(E) OF THIS 17
SUBTITLE: 18

(I) EACH MEMORANDUM OF UNDERSTANDING INITIATED 19
UN