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WES MOORE, Governor Ch. 684
Chapter 684
(House Bill 945)
AN ACT concerning
Nursing Homes – Complaints – Notification and Consultation
Nursing Homes and Assisted Living Facilities – Notification of Investigations
and Establishment of the Health Care Quality Improvement Initiative
FOR the purpose of requiring the Maryland Department of Health to notify and consult
with the local health department for the county in which a nursing home is located
if the Department initiates an investigation of a nursing home complaint alleging
actual harm; establishing the Health Care Quality Improvement Initiative to
identify strategies to improve the quality of care and the affordability and
accessibility of services in nursing homes and assisted living programs and
determine how the State can best use and share available data and expertise for
certain purposes; establishing a task force to carry out the purposes of the Initiative;
requiring the Department to staff the Initiative; and generally relating to nursing
home complaints homes and assisted living programs.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 19–1408
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
19–1408.
(a) (1) Subject to subsection (c) of this section, the Department shall make a
site visit and conduct a full survey of each licensed nursing home at least once per calendar
year.
(2) Unless otherwise required by federal law, all surveys shall be
unannounced.
(b) (1) Subject to [paragraph] PARAGRAPHS (2) AND (3) of this subsection,
the Department shall initiate an investigation of a nursing home complaint alleging actual
harm within 10 business days after receiving the complaint.
(2) If the Department receives a complaint against a nursing home alleging
immediate jeopardy to a resident, the Department:
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(i) Shall make every effort to investigate the complaint within 24
hours after receiving the complaint; and
(ii) Shall investigate the complaint not later than 48 hours after
receiving the complaint.
(3) (I) IF THE DEPARTMENT INITIATES AN INVESTIGATION OF A
NURSING HOME COMPLAINT UNDER THIS SUBSECTION, THE DEPARTMENT SHALL:
(I) 1. NOTIFY IMMEDIATELY THE LOCAL HEALTH
DEPARTMENT FOR THE COUNTY IN WHICH THE NURSING HOME IS LOCATED WITHIN
24 HOURS AFTER INITIATING THE INVESTIGATION; AND
(II) 2. TO THE EXTENT PRACTICABLE WITHIN THE TIME
REQUIREMENTS ESTABLISHED UNDER PARAGRAPH (2) OF THIS SUBSECTION AND AS
PERMITTED BY FEDERAL LAW, CONSULT AND COORDINATE WITH THE LOCAL
HEALTH OFFICER DEPARTMENT ON THE COMPLAINT INVESTIGATION AND
RESPONSE.
(II) THIS PARAGRAPH MAY NOT BE CONSTRUED TO REQUIRE A
LOCAL HEALTH DEPARTMENT TO ASSIST WITH OR OTHERWISE ASSUME THE
NURSING HOME OVERSIGHT RESPONSIBILITIES OF THE DEPARTMENT AS REQUIRED
BY FEDERAL OR STATE LAW.
(c) If ownership of a licensed nursing home is transferred to a person that does
not own or operate another nursing home in the State at the time of the transfer, the
Department shall conduct:
(1) The first full survey of the licensed nursing home as required under
subsection (a) of this section within 3 months after the date of transfer; and
(2) An unannounced, on–site follow–up survey of the licensed nursing
home that covers any deficiencies noted in the full survey within 120 days after the full
survey was completed.
(d) (1) Beginning July 1, 2025, and every 3 months thereafter, the Department
shall report to the Senate Finance Committee and the House Health [and Government
Operations] Committee, in accordance with § 2–1257 of the State Government Article, the
number of surveys conducted in each county, disaggregated by the following types of
surveys:
(i) Standard survey;
(ii) Complain survey;
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WES MOORE, Governor Ch. 684
(iii) Follow–up survey;
(iv) Revisit survey;
(v) Special focus facility survey;
(vi) Abbreviated survey; and
(vii) Life safety code survey.
(2) Beginning July 1, 2025, and every 6 months thereafter, the Office of
Health Care Quality shall report to the local area agency on aging for each county the name
of each nursing home in the county that was surveyed in the immediately preceding 6
months and the date each survey was conducted.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) (1) There is a Health Care Quality Improvement Initiative.
(2) The purpose of the Initiative is to:
(i) identify strategies to improve the quality of care and the
affordability and accessibility of services in nursing homes and assisted living programs;
and
(ii) determine how the State can best use and share available data
and expertise for the purposes of analysis, monitoring, public transparency, and oversight
of nursing homes and assisted living programs.
(3) The Initiative shall be carried out by a task force established in
accordance with subsection (b) of this section.
(b) The task force consists of the following members:
(1) one member of the Senate who is a member of the Senate Finance
Committee, appointed by the President of the Senate;
(2) one member of the House of Delegates who is a member of the House
Health Committee, appointed by the Speaker of the House;
(3) the Attorney General, or the Attorney General’s designee;
(4) the Secretary of Health, or the Secretary’s designee;
(5) the Secretary of Aging, or the Secretary’s designee;
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Ch. 684 2026 LAWS OF MARYLAND
(6) the Secretary of Human Services, or the Secretary’s designee;
(7) the Deputy Secretary for Public Health Services, or the Deputy
Secretary’s designee;
(8) the Deputy Secretary of Maryland Medicaid, or the Deputy Secretary’s
designee;
(9) the Executive Director of the Office of Health Care Quality, or the
Executive Director’s designee;
(10) the Executive Director of the Maryland Health Care Commission, or the
Executive Director’s designee; and
(11) the Chief Executive Officer of the Maryland Patient Safety Center, or
the Chief Executive Officer’s designee.
(c) The Secretary of Health shall designate the chair of the task force.
(d) The Maryland Department of Health shall provide staff for the task force.
(e) A member of the task force:
(1) may not receive compensation as a member of the task force; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(f) The task force shall study:
(1) the feasibility of quality standards and potential use of the Centers for
Medicaid and Medicare Quality Assurance and Performance Improvement framework for
maintaining and improving safety and quality for assisted living facilities; and
(2) barriers and policy recommendations regarding:
(i) recruitment and retention of the nursing home and assisted
living program workforce;
(ii) the quality of required staff training for nursing home and
assisted living program staff;
(iii) oversight of small assisted living programs, including whether a
different regulatory structure should be implemented;
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WES MOORE, Governor Ch. 684
(iv) post–acute care involving discharges from the hospital;
(v) sharing data that is transparent to the public; and
(vi) any other issues the task force determines will improve the
quality of care, oversight, and affordability of nursing homes and assisted living programs
and the accessibility of services in nursing homes and assisted living programs.
(g) To complete the work of the task force, the task force:
(1) shall engage with members of the health care industry, advocacy
organizations, and the nursing home and assisted living communities;
(2) may establish workgroups to conduct its work that may include the
stakeholders described in item (1) of this subsection;
(3) shall collaborate with the Maryland Health Care Commission
regarding the use and sharing of available data and expertise for the purposes of analysis,
monitoring, public transparency, and oversight of nursing homes and assisted living
programs;
(4) shall hold a virtual meeting to seek feedback and recommendations
from frontline workers and family members involved in the care of individuals receiving
care from nursing homes and assisted living programs; and
(5) comply with the meeting requirements established under subsection (h)
of this section.
(h) (1) The task force shall meet once every 3 months.
(2) At each meeting, the Office of Health Care Quality shall report data
from the immediately preceding 6–month period regarding:
(i) the number of nursing homes and assisted living programs
inspected;
(ii) the number of complaints received regarding nursing homes and
assisted living programs;
(iii) the number of complaints investigated regarding nursing homes
and assisted living programs; and
(iv) de–identified aggregate data on citations issued to nursing
homes and assisted living programs.
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Ch. 684 2026 LAWS OF MARYLAND
(3) (i) Within 30 days after each meeting, the task force shall provide a
public update, consistent with applicable federal and State confidentiality laws and
privileges, that includes the date of the meeting, general topics discussed at the meeting,
and any nonconfidential next steps of the task force.
(ii) The public update required under subparagraph (i) of this
paragraph may be posted on the Maryland Department of Health’s website.
(i) (1) Subject to paragraph (2) of this subsection, the task force may not
request or receive complaint information for identifiable individual facilities, protected
health information, or survey evidence, including records, documentation, observations,
survey notes, interviews, or other materials collected or created by the Office of Health Care
Quality in connection with a survey, inspection, or complaint investigation of a facility.
(2) The task force may request or receive redacted statements of
deficiencies.
(j) The task force shall:
(1) compile feedback received under subsection (g)(4) of this section and
otherwise through the work of the task force from frontline workers and family members
involved in the care of individuals receiving care from nursing homes and assisted living
programs;
(2) develop recommendations for the Secretary of Health to further the
purpose of the Initiative established under subsection (a)(2) of this section;
(3) identify resources required to implement the recommendations
developed in accordance with item (2) of this subsection; and
(4) (i) on or before December 1, 2027, report its preliminary findings
and recommendations to the Governor and, in accordance with § 2–1257 of the State
Government Article, the General Assembly; and
(ii) on or before December 1, 2028, report its final findings and
recommendations to the Governor and, in accordance with § 2–1257 of the State
Government Article, the General Assembly.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026. Section 2 of this Act shall remain effective for a period of 2 years and 9
months and, at the end of June 30, 2029, Section 2 of this Act, with no further action
required by the General Assembly, shall be abrogated and of no further force and effect.
Approved by the Governor, May 26, 2026.
–6–Every fact on this page links to its source, starting with the official bill record.