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<section article="ghg" article_name="Health - General" number="19-1408" future_version_removed="true" title_number="19" title_name="Health Care Facilities" subtitle_number="14" subtitle_name="Nursing Homes">
  <level label="a">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>Unless otherwise required by federal law, all surveys shall be unannounced.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Subject to 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.</text>
    </level>
    <level label="2">
      <text>If the Department receives a complaint against a nursing home alleging immediate jeopardy to a resident, the Department:</text>
      <level label="i">
        <text>Shall make every effort to investigate the complaint within 24 hours after receiving the complaint; and</text>
      </level>
      <level label="ii">
        <text>Shall investigate the complaint not later than 48 hours after receiving the complaint.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>If the Department initiates an investigation of a nursing home complaint under this subsection, the Department shall:</text>
        <level label="1">
          <text>Notify the local health department for the county in which the nursing home is located within 24 hours after initiating the investigation; and</text>
        </level>
        <level label="2">
          <text>To the extent practicable and as permitted by federal law, consult and coordinate with the local health department on the complaint investigation and response.</text>
        </level>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>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:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Beginning July 1, 2025, and every 3 months thereafter, the Department shall report to the Senate Finance Committee and the House Health 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:</text>
      <level label="i">
        <text>Standard survey;</text>
      </level>
      <level label="ii">
        <text>Complain survey;</text>
      </level>
      <level label="iii">
        <text>Follow–up survey;</text>
      </level>
      <level label="iv">
        <text>Revisit survey;</text>
      </level>
      <level label="v">
        <text>Special focus facility survey;</text>
      </level>
      <level label="vi">
        <text>Abbreviated survey; and</text>
      </level>
      <level label="vii">
        <text>Life safety code survey.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
