Subtitle 07 HOSPITALS › Chapter 14 Assisted Living Programs

.51 Bathrooms for Residents. A. Toilets. (1) An assisted living program shall provide toilets in a separate room or compartment with latching hardware for privacy. (2) Buildings with one to eight occupants shall have a minimum ratio of one toilet to four occupants. (3) Buildings …

.52 Illumination. A. Resident’s Room. (1) An assisted living program shall ensure that a resident’s room: (a) Is lighted by an outside window that: (i) Contains a glass surface; and (ii) Has square footage at least equal to 10 percent of the room’s required floor area; (b) Has a …

.53 Heating, Ventilation, and Air Conditioning. A. An assisted living program may not use space heaters unless approved by the State or local fire authorities. B. Minimum Temperature. The facility shall have a system that provides in areas used by residents a minimum temperature …

.54 Radiators. A. If steam or hot water plumbing reaches a temperature in excess of 130°F or directly powered radiating surfaces are located in areas of the facility that are accessible to residents, the assisted living program shall position or shield the radiating surfaces in a…

.55 Laundry. A. An assisted living program shall furnish laundry service, either on-site or off-site. B. An assisted living program shall ensure that the laundry is: (1) Adequate to meet the needs of the residents; (2) Processed and handled in a manner to prevent the spread of in…

.56 Telephones. A. An assisted living program with a licensed capacity of one to eight beds shall provide: (1) At least one common-use telephone for residents; and (2) A posting next to the common-use telephone or in a conspicuous location that contains the telephone numbers for …

.57 Sanctions. A. If the Secretary determines that an assisted living program has violated this chapter, the Secretary, in addition to the sanctions set forth in this chapter, may impose one or more of the following: (1) Restrict the number of residents the assisted living progra…

.58 Civil Money Penalties. A. The Secretary may impose a civil money penalty on a person if: (1) The person maintains or operates an unlicensed assisted living program; (2) A deficiency or an ongoing pattern of deficiencies exists in the assisted living program; or (3) The person…

.59 Amount of Civil Money Penalties. A. A civil money penalty imposed on a person under this chapter may not exceed the amounts identified in Health-General §19-1809, Annotated Code of Maryland. B. In setting the amount of the civil money penalty under this chapter, the Secretary…

.60 Criminal Money Penalties — Hearings. A. A hearing on the appeal shall be held consistent with the State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. B. The Secretary shall have the burden of proof with respect to the imposition of the civil money pena…

.61 Criminal Penalties. A. Operating Without a License. (1) A person may not knowingly and willfully operate, maintain, or own an assisted living program without a license. (2) A person who violates §A(1) of this regulation is guilty of a felony and on conviction is subject to: (…

.62 Health Care Quality Account. A. The Department shall establish a health care quality account in the Department for assisted living programs. B. The health care quality account shall be funded by civil money penalties paid by assisted living programs. C. The Department shall u…

.63 Emergency Suspension. A. The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action. B. The Department shall deliver a written notice to the assisted living program: (1) Informing the program of…

.64 Revocation of License. A. The Secretary, for cause shown, may notify the assisted living program of the Secretary’s decision to revoke the assisted living program’s license. The revocation shall be stayed if a hearing is requested. B. The Department shall notify the assisted …

.65 Hearings. A. A request for a hearing shall be filed with the Office of Administrative Hearings, with a copy to the Office of Health Care Quality of the Department, not later than 30 days after receipt of notice of the Secretary’s action. The request shall include a copy of th…