Title 19. Health Care Facilities — Subtitle 4. Home Health Agencies
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 19-401 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–401LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Home health agency” means a health-related institution, organization, or a part of an institution that:
(1)
Is owned or operated by 1 or more persons, whether or not for profit and whether as a public or private enterprise; and
(2)
Directly or through a contractual arrangement, provides to a sick or disabled individual in the residence of that individual skilled nursing services, home health aid services, and at least one other home health care service that are centrally administered.
(c)
(1)
“Home health care” means any of the following services that are provided under the general direction of a licensed health professional practicing within the scope of their practice:
(i)
Audiology and speech pathology;
(ii)
Dietary and nutritional services;
(iii)
Drug services;
(iv)
Home health aid;
(v)
Laboratory;
(vi)
Medical social services;
(vii)
Nursing;
(viii)
Occupational therapy;
(ix)
Physical therapy; or
(x)
Provision of medically necessary sickroom equipment and supplies.
(2)
However, the provisions of this subsection do not apply to:
(i)
A nursing referral service agency that is licensed as a nursing referral service agency under the provisions of Subtitle 4B of this title; or
(ii)
A home-based hospice care program that is licensed as a home-based hospice care program under the provisions of Subtitle 9 of this title.
(3)
A home health agency shall also be licensed as a hospice care program if the home health agency operates a hospice care program that is distinct from its other services.
Md. Code Ann., Health-Gen. § 19-402 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–402LinkCopy Citation
The purpose of home health care is:
(1)
To avoid institutionalization;
(2)
To shorten hospital stays;
(3)
To speed recovery; and
(4)
To bridge the gap in community health services for patients who otherwise could not get adequate health care.
Md. Code Ann., Health-Gen. § 19-403 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–403LinkCopy Citation
This subtitle does not:
(1)
Limit the right of any person to practice a health occupation that the individual is authorized to practice under the Health Occupations Article;
(2)
Limit the right of any person who holds a license under this article to act as authorized by that license; or
(3)
Prohibit the care of an individual who relies on treatment in accordance with the tenets and practices of a recognized church or religious denomination and, with or without compensation, is cared for in accordance with those tenets and practices.
Md. Code Ann., Health-Gen. § 19-404 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–404LinkCopy Citation
(a)
The Department shall adopt rules and regulations that set standards for the care, treatment, health, safety, welfare, and comfort of patients of home health agencies.
(b)
The rules and regulations shall provide for the licensing of home health agencies and shall establish standards that require as a minimum, that all home health agencies:
(1)
Within 10 days of acceptance of a patient for skilled care, make and record all reasonable efforts to contact a physician to obtain the signed order required under item (2) of this subsection;
(2)
That accept patients for skilled care do so only on the signed order of a physician obtained within 28 days after acceptance;
(3)
Adopt procedures for the administration of drugs and biologicals;
(4)
Maintain clinical records on all patients accepted for skilled care;
(5)
Establish patient care policies and personnel policies;
(6)
Have services available at least 8 hours a day, 5 days a week, and available on an emergency basis 24 hours a day, 7 days a week;
(7)
Make service available to an individual in need within 24 hours of a referral when stipulated by a physician’s order;
(8)
Have a designated supervisor of patient care who is a full–time employee of the agency and is available at all times during operating hours and additionally as needed; and
(9)
Have as the administrator of the agency a person who has at least 1 year of supervisory experience in hospital management, home health management, or public health program management and who is:
(i)
A licensed physician;
(ii)
A registered nurse; or
(iii)
A college graduate with a bachelor’s degree in a health–related field.
(c)
The rules and regulations may include provisions that:
(1)
Deal with the establishment of home health agencies;
(2)
Require each home health agency to have its policies established by a professional group that includes at least:
(i)
1 physician;
(ii)
1 registered nurse;
(iii)
1 representative of another offered service; and
(iv)
1 public member;
(3)
Govern the services provided by the home health agencies;
(4)
Require keeping clinical records of each patient, including the plan of treatment to be provided;
(5)
Govern supervision of the services, as appropriate, by:
(i)
A physician;
(ii)
A registered nurse; or
(iii)
Another health professional who is qualified sufficiently by advanced training to supervise the same kind of services in a hospital; and
(6)
Require submission of an annual report which includes service utilization statistics.
(d)
The provisions of this section do not waive the requirement for a home health agency to obtain a certificate of need.
Md. Code Ann., Health-Gen. § 19-405 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–405LinkCopy Citation
Except as otherwise provided in this subtitle, a person shall be licensed by the Department before the person may operate a home health agency.
Md. Code Ann., Health-Gen. § 19-406 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–406LinkCopy Citation
To qualify for a license, an applicant shall:
(1)
Show that the home health agency will provide:
(i)
Appropriate home health care to patients who may be cared for at a prescribed level of care, in their residence instead of in a hospital; and
(ii)
Skilled nursing, home health aid, and at least one other home health care service that is approved by the Secretary; and
(2)
Meet the requirements of Subtitle 1 of this title for certification of need.
Md. Code Ann., Health-Gen. § 19-407 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–407LinkCopy Citation
The Department shall:
(1)
Inspect the operations of each home health agency at least every 3 years to determine whether it is meeting the requirements of this subtitle and the rules and regulations adopted under it; and
(2)
Issue, deny, suspend, or revoke a home health agency license in accordance with the rules and regulations adopted under this subtitle.
Md. Code Ann., Health-Gen. § 19-408 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–408LinkCopy Citation
(a)
A person may not operate, attempt to operate, or hold one’s self out as operating a home health agency unless licensed under this subtitle.
(b)
A home health agency may not withhold any home health care services from an individual because of the individual’s age, sex, sexual orientation, gender identity, disability, race, color, creed, national origin, source of payment, or ability to pay.
Md. Code Ann., Health-Gen. § 19-409 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–409LinkCopy Citation
A person who operates a home health agency without a license is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $10,000 for each subsequent offense.
Md. Code Ann., Health-Gen. § 19-410 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–410LinkCopy Citation
A home health agency may not hold itself out as providing a complete array of physical rehabilitation services unless the home health agency:
(1)
Provides a program of coordinated interdisciplinary rehabilitative care, including at a minimum, physical and occupational therapy, speech and language therapy, audiology therapy, psychotherapy, and social work services;
(2)
Holds interdisciplinary meetings with the involvement of a physician to plan and monitor patient care; and
(3)
Meets any other standard that the Secretary may adopt by regulation.
Md. Code Ann., Health-Gen. § 19-411 (2026)
Title 19. Health Care Facilities
Subtitle 4. Home Health Agencies
§ 19–411LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“COVID–19” means, interchangeably and collectively, the coronavirus known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus.
(3)
“COVID–19 test” means an in vitro diagnostic test for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, as described in § 3201 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
(b)
For calendar years 2021 and 2022, a home health agency shall adopt and implement a COVID–19 infection control and prevention plan for patients and staff who provide home health care services to patients of the home health agency.
(c)
(1)
The plan required under subsection (b) of this section shall:
(i)
Be adopted and implemented in accordance with any applicable federal orders and guidance; and
(ii)
Ensure that patients and staff who provide home health care services to patients of the home health agency are screened for COVID–19 on a regular basis and tested or referred for testing for COVID–19, if required or recommended under applicable federal orders or guidance, to control and prevent the spread of COVID–19 among staff and patients of the home health agency.
(2)
The screening required under paragraph (1) of this subsection shall include reporting to the home health agency of any:
(i)
Symptoms related to COVID–19 experienced by patients and staff; and
(ii)
Known exposures of patients and staff to individuals who have been diagnosed with COVID–19.
(d)
A home health agency shall provide the plan required under subsection (b) of this section to:
(1)
Patients and staff; and
(2)
Members of the public on request.