§19–1801. Definitions

  • In this subtitle:
  • (1) “Assisted living program” means a residential or facility–based program that provides housing and supportive services, supervision, personalized assistance, health–related services, or a combination thereof that meets the needs of individuals who are unable to perform or who need assistance in performing the activities of daily living or instrumental activities of daily living in a way that promotes optimum dignity and independence for the individuals.
  • (2) “Assisted living program” does not include:
    • (i) A nursing home, as defined under § 19–301 of this title;
    • (ii) A State facility, as defined under § 10–101 of this article;
    • (iii) A program licensed by the Department under Title 7 or Title 10 of this article;
    • (iv) A hospice care program regulated by the Department under Subtitle 9 of this title;
    • (v) Services provided by family members;
    • (vi) Services provided in an individual’s own home; or
    • (vii) A program certified by the Department of Human Resources under Title 6, Subtitle 5, Part II of the Human Services Article as a certified Adult Residential Environment Program.

§19–1802. DHMH As Lead Regulatory Agency

The Department shall be the lead agency for supervising and monitoring a statewide interagency system for regulating the establishment and operation of assisted living programs.

§19–1803. Levels of Care

(a) The Department shall encourage, but may not require, providers of assisted living program services to offer a continuum of care.
(b) Providers of assisted living program services may provide services at a variety of levels and in a variety of settings.

§19–1804. DHMH Responsibilities

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.