Proponents of a new law targeting unlicensed assisted living programs in Maryland say it will close a “dangerous loophole” that left residents vulnerable to abuse and neglect.
HB 774 / SB 655, the Senator Delores Kelley Residents of Unlicensed Programs Protection Act, requires the Maryland Department of Health to investigate whether residents in an assisted living program have been subject to neglect or physical abuse if the program operates without a licence. The new law, approved by Gov. Wes Moore (D) last week, also subjects unlicensed assisted living programs to immediate prosecution.
The law has the backing of industry associations.
In testimony before the legislature, Joseph DeMattos Jr., president and CEO of the Health Facilities Association of Maryland / Maryland Center for Assisted Living, said that under current law, the Office of Health Care Quality does not have the authority to enter an unlicensed facility, and those operators have little incentive to cooperate with investigations.
“Members of our association value working in partnership with government leaders on appropriate and effective outcome-focused regulation to ensure quality care and a safe environment for assisted living residents,” DeMattos told McKnight’s Senior Living. “It is critically important that we ensure the highest possible quality of care in assisted living facilities, and that owners of these facilities operate in a way that respects the health, safety and well-being of residents.”
LeadingAge Maryland applauded the attorney general’s office for taking up this legislation.
“Assisted living providers are a vital component of the long-term services and supports system in Maryland, and provide necessary care and are home to thousands of older adults,” LeadingAge Maryland President and CEO Allison Ciborowski told McKnight’s Senior Living. “LeadingAge Maryland supported this legislation, as it importantly closes a loophole in the system related to unlicensed assisted living providers and allegations of abuse and neglect.”
AARP Maryland Senior Director of Advocacy Tammy Bresnahan spoke in support of the legislation during hearings, saying it would give the attorney general teeth so that “bad actors who are doing bad things in assisted livings are held accountable.”
“For years, AARP and other advocates have been ringing the bell about bad actors who open assisted livings,” Bresnahan testified. “Passing this bill will give the state another tool in the toolbox to prosecute these bad actors.”
Attorney General Anthony G. Brown announced a major accomplishment in “safeguarding vulnerable residents of unlicensed assisted living facilities from abuse and exploitation.”
The law repeals a requirement that the health department send written notice to an unlicensed program 30 days before filing charges, to give the operator time to comply with licensure requirements.
As of February, there were 1,723 licensed assisted living programs in Maryland. The provisions of the law go into effect Oct. 1.
Workgroup targets quality improvement
The state previously assembled an Assisted Living Facilities Workgroup to look at improving the quality of care and services offered in smaller licensed assisted living communities. The group is tasked with identifying where care quality can be improved, trends related to inspection data or regulatory requirements, and the feasibility of an emergency reporting system.
The workgroup is expected to deliver its study report and recommendations to the state legislature by October.
