In this subtitle the following words have the meanings indicated.
“Day care center for the elderly” means a place that:
Is operated to provide, with or without charge, care for elderly individuals; and
Either is:
Designated for group care for at least 4 elderly individuals; or
A family home that provides care for 2 or 3 elderly individuals.
“Elderly individual” means an individual who:
Is 55 years old or older;
Lives alone or with a spouse, family relative, or friend;
Needs temporary supervision and care during a part of a day in a protective group setting; and
Has a disability that is:
A reasonably static physical impairment that prevents:
Gainful employment; or
The accomplishment of the routine of normal daily activities without assistance; or
A permanent or recurrent mental impairment.
The purposes of this subtitle are:
To provide for the establishment of day care centers for the elderly and services that will give many elderly individuals the chance to stay with their families or in their communities instead of being placed in a nursing home or State institution;
To allow children and other relatives to keep elderly individuals instead of placing them in impersonal institutions; and
To allow this State to deal more effectively and economically with the needs of its elderly individuals.
The General Assembly intends that day care centers for the elderly and services be used:
To avoid, as much as possible, unnecessary commitment of an elderly individual to a nursing home, State institution, or other long term care facility;
To provide opportunities for elderly individuals to be discharged from nursing homes, State institutions, or general and special hospitals; and
To serve only those elderly individuals who otherwise would be eligible under State or federal law for care in a nursing home, State institution, or other long term care facility.
This subtitle does not affect a relative who cares for an elderly individual or a neighbor or friend who cares for an elderly individual by mutual agreement.
The Maryland Department of Health:
Has the primary responsibility, in conjunction with the Department of Human Services and the Department of Aging, to provide the guidance and means for establishing day care centers for the elderly in accordance with this subtitle; and
Shall recruit and encourage the establishment of day care centers for the elderly and provide for their licensing.
The Maryland Department of Health may use funds appropriated for the day care for the elderly to:
Assist in start–up costs of establishing a day care center for the elderly; and
Subsidize day care services for financially eligible elderly individuals.
The services that are provided by the day care center for the elderly under this section shall include:
Therapeutic arts and crafts;
Community excursions, if appropriate;
Hobby cultivation;
Health services;
Counseling services for elderly individuals and their families;
Group dynamics; and
Other services that enhance social functioning and develop activities in daily living and personal independence.
The Department shall adopt rules and regulations that set the standards necessary for the welfare and safety of elderly individuals who receive care in day care centers for the elderly.
Before the Department adopts a proposed plan, rule, or regulation under this subtitle, the Department shall submit the plan, rule, or regulation to the Department of Aging for its recommendations.