Current through Register Vol. 51, No. 19, September 20, 2024
A. An assisted living program shall develop
and implement policies and procedures prohibiting abuse, neglect, and financial
exploitation of residents.
B. An
assisted living program may not knowingly employ an individual who has any
criminal conviction or other criminal history that indicates behavior that is
potentially harmful to residents, documented through either a criminal history
records check or a criminal background check.
C. Reports of Abuse, Neglect, or Financial
Exploitation.
(1) A licensee or employee of
an assisted living program who has witnessed, or otherwise has reason to
believe, that a resident has been subjected to abuse, neglect, or financial
exploitation shall report the alleged abuse, neglect, or exploitation within 24
hours to:
(a) The appropriate local
department of social services, Adult Protective Services Program; and
(b) One or more of the following:
(i) A local law enforcement agency;
(ii) The Office of Health Care Quality of the
Department;
(iii) A representative
of the Long-Term Care Ombudsman Program in the Department of Aging or local
area agency on aging.
(2) If one of the agencies listed in
§C(1)(b) of this regulation receives a report, that recipient shall
notify:
(a) The other parties referred to in
§C(1)(b) of this regulation; and
(b) The assisted living manager unless the
assisted living manager is believed to be involved with the abuse, neglect, or
exploitation.
(3) A
licensee or an employee may be subject to a penalty imposed by the Secretary of
up to $1,000 for failing to make a report required by §C(1) of this
regulation within 3 days after learning of the alleged abuse, neglect, or
exploitation.
(4) A person
aggrieved by the action of the Secretary under §C of this regulation may
appeal the Secretary's action by filing a request for a hearing in accordance
with Regulation .64 of this chapter.
D. Investigations. An assisted living program
shall:
(1) Thoroughly investigate all
allegations of abuse, neglect, or exploitation and maintain on-site written
documentation of the investigation; and
(2) Take appropriate action to prevent
further incidents of abuse, neglect, or exploitation while the investigation is
in progress.
E.
Investigation Reports.
(1) The licensee or
any government agency that investigates the abuse, neglect, or exploitation
shall send a report to:
(a) The Office of
Health Care Quality;
(b) The
appropriate law enforcement agency; and
(c) The Department of Aging, or local area
agency on aging.
(2) The
entities set forth in §E(1) of this regulation may make a referral, if
appropriate, to:
(a) The State's attorney's
office; or
(b) The Medicaid Fraud
Control Unit of the Criminal Division of the Office of the Attorney
General.
F.
Immunity from Civil Liability. An individual who, acting in good faith, makes a
report under this regulation has immunity from liability as described in
Health-General Article, §19-347(g), Annotated Code of Maryland.
G. Notice. The assisted living program shall
post signs that set forth the reporting requirements of §C(1) of this
regulation, conspicuously in the employee and public areas of the
facility
