Shown verbatim: the complete text as captured from the official PDF posted by the Maryland General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
WES MOORE, Governor Ch. 33
Chapter 33
(House Bill 442)
AN ACT concerning
Professional Liability Insurance Coverage – Nursing Homes, Assisted Living
Facilities, and Nurse Midwives, and Licensed Certified Midwives – Disclosure
(Nyeli Rose Lewis Act of 2026)
FOR the purpose of requiring nursing homes, assisted living programs, and nurse
midwives, and licensed certified midwives to notify certain individuals at certain
times if the nursing home, assisted living program, or nurse midwife, or licensed
certified midwife either does not maintain professional liability insurance or
professional liability insurance coverage has lapsed and has not been renewed; and
generally relating to professional liability insurance disclosures.
BY repealing and reenacting, without amendments,
Article – Health – General
Section 19–1401(a) and (e) and 19–1801
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY adding to
Article – Health – General
Section 19–1417 and 19–1808.1
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 19–1417
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY adding to
Article – Health Occupations
Section 8–604 and 8–6D–15
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 8–6D–15
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
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Ch. 33 2026 LAWS OF MARYLAND
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
19–1401.
(a) In this subtitle the following words have the meanings indicated.
(e) (1) “Nursing home” means a facility that offers nonacute inpatient care to
patients suffering from a disease, chronic illness, condition, disability of advanced age, or
terminal disease requiring maximal nursing care without continuous hospital services and
who require medical services and nursing services rendered by or under the supervision of
a licensed nurse together with convalescent, restorative, or rehabilitative services.
(2) “Nursing home” does not mean a facility offering domiciliary care or
personal care as those terms are defined in § 19–301 of this title.
19–1417.
(A) EACH NURSING HOME IN THE STATE SHALL NOTIFY EACH RESIDENT
AND PROSPECTIVE RESIDENT IN WRITING OR BY WRITTEN ELECTRONIC
COMMUNICATION IF:
(1) THE NURSING HOME DOES NOT MAINTAIN PROFESSIONAL
LIABILITY INSURANCE COVERAGE; OR
(2) THE NURSING HOME’S PROFESSIONAL LIABILITY INSURANCE
COVERAGE HAS LAPSED FOR ANY PERIOD OF TIME AND HAS NOT BEEN RENEWED.
(B) THE NOTIFICATION UNDER SUBSECTION (A) OF THIS SECTION SHALL
BE:
(1) (I) PROVIDED TO A PROSPECTIVE RESIDENT:
1. AT THE FIRST VISIT BY THE PROSPECTIVE RESIDENT
DURING ANY PERIOD DURING WHICH THE NURSING HOME DOES NOT MAINTAIN
PROFESSIONAL LIABILITY COVERAGE; AND
2. IF THE NURSING HOME DOES NOT MAINTAIN
PROFESSIONAL LIABILITY INSURANCE AT THE TIME THE PROSPECTIVE RESIDENT
APPLIES FOR ADMISSION, AT THE TIME OF APPLICATION; AND
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WES MOORE, Governor Ch. 33
(II) IF THE PROFESSIONAL LIABILITY INSURANCE LAPSES,
PROVIDED TO EACH RESIDENT WITHIN 30 DAYS AFTER THE DATE THE COVERAGE
LAPSED;
(2) SIGNED BY:
(I) THE PROSPECTIVE RESIDENT AT THE TIME OF
APPLICATION FOR ADMISSION; OR
(II) THE RESIDENT AT THE TIME THE NOTIFICATION OF THE
LAPSE IN COVERAGE IS PROVIDED UNDER ITEM (1)(II) OF THIS SUBSECTION; AND
(3) RETAINED BY THE NURSING HOME AS PART OF THE NURSING
HOME’S RECORDS.
(C) EACH NURSING HOME OPERATING IN THE STATE THAT DOES NOT
MAINTAIN PROFESSIONAL LIABILITY INSURANCE COVERAGE SHALL POST IN A
CONSPICUOUS PLACE VISIBLE TO RESIDENTS AND GUESTS THAT THE NURSING
HOME DOES NOT MAINTAIN PROFESSIONAL LIABILITY COVERAGE.
[19–1417.] 19–1418.
This subtitle may be cited as the “Maryland Nursing Home Quality Assurance Act”.
19–1801.
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 § 19–1401 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;
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Ch. 33 2026 LAWS OF MARYLAND
(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 Services under
Title 6, Subtitle 5, Part II of the Human Services Article as a certified Adult Residential
Environment Program.
19–1808.1.
(A) EACH ASSISTED LIVING PROGRAM IN THE STATE SHALL NOTIFY A
RESIDENT OR PROSPECTIVE RESIDENT IN WRITING OR BY WRITTEN ELECTRONIC
COMMUNICATION IF:
(1) THE ASSISTED LIVING PROGRAM DOES NOT MAINTAIN
PROFESSIONAL LIABILITY INSURANCE COVERAGE; OR
(2) THE ASSISTED LIVING PROGRAM’S PROFESSIONAL LIABILITY
INSURANCE COVERAGE HAS LAPSED FOR ANY PERIOD OF TIME AND HAS NOT BEEN
RENEWED.
(B) THE NOTIFICATION UNDER SUBSECTION (A) OF THIS SECTION SHALL
BE:
(1) (I) PROVIDED TO A PROSPECTIVE RESIDENT:
1. AT THE FIRST VISIT BY THE PROSPECTIVE RESIDENT
DURING ANY PERIOD IN WHICH AN ASSISTED LIVING PROGRAM DOES NOT MAINTAIN
PROFESSIONAL LIABILITY INSURANCE; AND
2. IF THE ASSISTED LIVING PROGRAM DOES NOT
MAINTAIN PROFESSIONAL LIABILITY INSURANCE AT THE TIME THE PROSPECTIVE
RESIDENT APPLIES FOR ADMISSION, AT THE TIME OF APPLICATION; AND
(II) IF THE PROFESSIONAL LIABILITY COVERAGE LAPSES,
PROVIDED TO EACH RESIDENT WITHIN 30 DAYS AFTER THE DATE THE COVERAGE
LAPSED;
(2) SIGNED BY:
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WES MOORE, Governor Ch. 33
(I) THE PROSPECTIVE RESIDENT AT THE TIME OF
APPLICATION FOR ADMISSION; OR
(II) THE RESIDENT AT THE TIME THE NOTIFICATION OF THE
LAPSE IN COVERAGE IS PROVIDED UNDER ITEM (1)(II) OF THIS SUBSECTION; AND
(3) RETAINED BY THE ASSISTED LIVING PROGRAM AS PART OF THE
ASSISTED LIVING PROGRAM’S RECORDS.
(C) EACH FACILITY–BASED ASSISTED LIVING PROGRAM IN THE STATE THAT
DOES NOT MAINTAIN PROFESSIONAL LIABILITY INSURANCE COVERAGE SHALL POST
A NOTIFICATION IN A CONSPICUOUS PLACE VISIBLE TO RESIDENTS AND GUESTS
THAT THE ASSISTED LIVING PROGRAM DOES NOT MAINTAIN PROFESSIONAL
LIABILITY INSURANCE.
Article – Health Occupations
8–604.
(A) EACH NURSE MIDWIFE PRACTICING AS A NURSE MIDWIFE IN THE STATE
SHALL NOTIFY A PATIENT IN WRITING OR BY WRITTEN ELECTRONIC
COMMUNICATION IF:
(1) THE NURSE MIDWIFE DOES NOT MAINTAIN PROFESSIONAL
LIABILITY INSURANCE COVERAGE; OR
(2) THE NURSE MIDWIFE’S PROFESSIONAL LIABILITY INSURANCE
COVERAGE HAS LAPSED FOR ANY PERIOD OF TIME AND HAS NOT BEEN RENEWED.
(B) THE WRITTEN NOTIFICATION PROVIDED TO THE PATIENT UNDER
SUBSECTION (A) OF THIS SECTION SHALL BE:
(1) PROVIDED:
(I) AT THE FIRST VISIT BY THE PATIENT DURING THE PERIOD
IN WHICH THE NURSE MIDWIFE DOES NOT MAINTAIN PROFESSIONAL LIABILITY
INSURANCE, UNLESS THE VISIT IS FOR THE PURPOSE OF RECEIVING INCIDENTAL
MEDICAL CARE THAT WILL BE RENDERED FREE OF CHARGE; AND
(II) AS PART OF EACH INFORMED CONSENT OBTAINED BEFORE
ANY PROCEDURE DISCUSSED OR OFFERED FOR THE PATIENT’S CONSIDERATION IS
PERFORMED;
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Ch. 33 2026 LAWS OF MARYLAND
(2) SIGNED BY THE PATIENT AT THE TIME OF THE PATIENT’S VISIT OR
AT THE TIME THE INFORMED CONSENT IS SIGNED; AND
(3) RETAINED BY THE NURSE MIDWIFE AS PART OF THE NURSE
MIDWIFE’S PATIENT RECORDS.
(C) EACH NURSE MIDWIFE PRACTICING AS A NURSE MIDWIFE IN THE STATE
WHO DOES NOT MAINTAIN PROFESSIONAL LIABILITY INSURANCE COVERAGE SHALL
POST THIS INFORMATION IN A CONSPICUOUS LOCATION IN THE NURSE MIDWIFE’S
PLACE OF PRACTICE.
8–6D–15.
(A) EACH LICENSED CERTIFIED MIDWIFE PRACTICING AS A LICENSED
CERTIFIED MIDWIFE IN THE STATE SHALL NOTIFY A PATIENT IN WRITING OR BY
WRITTEN ELECTRONIC COMMUNICATION IF:
(1) THE LICENSED CERTIFIED MIDWIFE DOES NOT MAINTAIN
PROFESSIONAL LIABILITY INSURANCE COVERAGE; OR
(2) THE LICENSED CERTIFIED MIDWIFE’S PROFESSIONAL LIABILITY
INSURANCE COVERAGE HAS LAPSED FOR ANY PERIOD OF TIME AND HAS NOT BEEN
RENEWED.
(B) THE WRITTEN NOTIFICATION PROVIDED TO THE PATIENT UNDER
SUBSECTION (A) OF THIS SECTION SHALL BE:
(1) PROVIDED:
(I) AT THE FIRST VISIT BY THE PATIENT DURING THE PERIOD
IN WHICH THE LICENSED CERTIFIED MIDWIFE DOES NOT MAINTAIN PROFESSIONAL
LIABILITY INSURANCE, UNLESS THE VISIT IS FOR THE PURPOSE OF RECEIVING
INCIDENTAL MEDICAL CARE THAT WILL BE RENDERED FREE OF CHARGE; AND
(II) AS PART OF EACH INFORMED CONSENT OBTAINED BEFORE
ANY PROCEDURE DISCUSSED OR OFFERED FOR THE PATIENT’S CONSIDERATION IS
PERFORMED;
(2) SIGNED BY THE PATIENT AT THE TIME OF THE PATIENT’S VISIT OR
AT THE TIME THE INFORMED CONSENT IS SIGNED; AND
(3) RETAINED BY THE LICENSED CERTIFIED MIDWIFE AS PART OF
THE LICENSED CERTIFIED MIDWIFE’S PATIENT RECORDS.
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WES MOORE, Governor Ch. 33
(C) EACH LICENSED CERTIFIED MIDWIFE PRACTICING AS A LICENSED
CERTIFIED MIDWIFE IN THE STATE WHO DOES NOT MAINTAIN PROFESSIONAL
LIABILITY INSURANCE COVERAGE SHALL POST THIS INFORMATION IN A
CONSPICUOUS LOCATION IN THE LICENSED CERTIFIED MIDWIFE’S PLACE OF
PRACTICE.
[8–6D–15.] 8–6D–16.
This subtitle may be cited as the Maryland Licensure of Certified Midwives Act.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, April 14, 2026.
–7–Every fact on this page links to its source, starting with the official bill record.