# Human Services (GHU)

## Title 10. Department of Aging

### Subtitle 2. Department of Aging

#### Section 10-201

There is a Department of Aging established as a principal department of the State government.

#### Section 10-202

(a)

  (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary of Aging.

  (2) The Secretary is the head of the Department.

(b) Before taking office, the appointee shall take the oath required by Article I, Sec. 9 of the Maryland Constitution.

(c)

  (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

  (2) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor's policies on those matters.

(d) The Secretary is entitled to the compensation provided in the State budget.

#### Section 10-203

(a) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient operation of the Department.

(b) The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

#### Section 10-204

(a) The Secretary shall administer the programs and activities that the federal government delegates to the State under the Older Americans Act of 1965 that are not otherwise committed by law to another unit of State government.

(b) The Secretary:

  (1) is a member of the Governor's Executive Council; and

  (2) shall cooperate with and receive the cooperation of State, federal, and local governmental units to carry out the purposes of this title.

(c) The Secretary shall lead implementation of the Longevity Ready Maryland Plan, with the following goals:

  (1) building a longevity ecosystem;

  (2) promoting economic opportunity;

  (3) preparing State residents to afford longevity; and

  (4) optimizing health, wellness, and mobility.

(d) To implement the Longevity Ready Maryland Plan, the Secretary shall:

  (1) evaluate the service needs of older adults in the State;

  (2) determine the extent to which existing public and private programs, policies, institutions, and systems support older adults;

  (3) establish priorities for meeting the needs of older adults; and

  (4) coordinate, subject to existing law, assess and evaluate, and educate the public and professionals about all State and local programs and services, both public and private, that:

    (i) relate and are important to the well-being of older adults in the State; and

    (ii) are designed to assist older adults and family caregivers in leading independent and dignified lives in their own homes and communities.

(e) The Secretary shall:

  (1) represent the interests of older adults by serving as an advocate for policy, systems, and institutional change at all levels of government and within the private sector in support of the Longevity Ready Maryland Plan;

  (2) emphasize cross-sector collaboration, including consulting and advising units of State government and State boards and commissions about any action the unit, board, or commission may take to assist in implementing the Longevity Ready Maryland Plan;

  (3) consult with the Commission on Aging on implementation of the Longevity Ready Maryland Plan;

  (4) provide consultation and technical assistance to organizations and other entities or persons developing local services for older adults in partnership with area agencies on aging and other organizations and entities funded by the Department;

  (5) maintain a system that provides information, referrals, and counseling for older adults and their caregivers related to the interests of older adults and the implementation of the Longevity Ready Maryland Plan;

  (6) review and recommend legislation and other policy action to the Governor on publicly funded plans, programs, institutions, and systems that affect older adults and the implementation of the Longevity Ready Maryland Plan; and

  (7) maintain a publicly accessible resource on the Department's website for monitoring implementation of the Longevity Ready Maryland Plan.

(f) The Secretary may adopt regulations to carry out the provisions of law that are within the jurisdiction of the Secretary.

(g)

  (1) In this subsection, "Fund" means the Aging Resilience Fund.

  (2) There is an Aging Resilience Fund.

  (3) The purpose of the Fund is to support the implementation of the Department's mission under this title.

  (4) The Secretary shall administer the Fund.

  (5)

    (i) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

    (ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

  (6)

    (i) The Fund consists of:

      (1) investment earnings of the Fund;

      (2) any fees collected under this subtitle; and

      (3) any other money from any other source accepted for the benefit of the Fund.

    (ii) Money received by the Department from the Fund in accordance with this section is supplemental to and is not intended to take the place of funding that otherwise would be appropriated in the annual State operating or capital budget bill for projects or activities of the Department.

  (7) The Fund may be used for expenses that align with the Department's mission under this title, including:

    (i) partnership development; and

    (ii) any programs, services, or activities within the Department.

  (8)

    (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

    (ii) Any interest earnings of the Fund shall be credited to the Fund.

  (9) Expenditures from the Fund may be made only in accordance with the State budget.

  (10)

    (i) Notwithstanding the provisions of Sec. 7-213 of the State Finance and Procurement Article, the Governor may not reduce an appropriation for the Fund in the State budget as approved by the General Assembly.

    (ii) Except as provided in this subsection, money appropriated for the Fund shall remain in the Fund.

  (11) On or before January 1 each year, the Secretary shall report to the Senate Finance Committee and the House Health Committee, in accordance with Sec. 2-1257 of the State Government Article, on the administration of the Fund for the previous fiscal year, including:

    (i) the total amount in the Fund;

    (ii) the total number of deposits made to the Fund, including amounts and sources; and

    (iii) the total number of expenditures made from the Fund, including amounts and purposes.

#### Section 10-205

(a) The Secretary shall prepare and submit a budget for the Department.

(b) The Secretary may accept and use any State or federal funds for the purposes specified in this title.

(c) The Secretary may accept and use any federal or private grant funds if:

  (1) the grant is for purposes that will benefit Maryland's older adults; and

  (2) the grant funds are accepted and accounted for in accordance with the State Finance and Procurement Article.

#### Section 10-206

(a) On or before January 1 each year, the Secretary shall report to the Governor and, subject to Sec. 2-1257 of the State Government Article, to the General Assembly on:

  (1) the allocation of funds made available for senior citizen activities centers distributed by the Department; and

  (2) a summary of key activities funded at senior citizen activities centers.

(b)

  (1) On or before January 1 each year, the Secretary shall report to the Governor and, subject to Sec. 2-1257 of the State Government Article, to the General Assembly.

  (2) The report required under paragraph (1) of this subsection shall include a summary of:

    (i) the progress made during the immediately preceding year to implement the most recently published comprehensive Longevity Ready Maryland Plan;

    (ii) recommendations for legislation, policy change, or other related planning or advocacy efforts made by the Commission on Aging to the Department;

    (iii) any study, survey, or other form of research conducted by the Department or the Commission on Aging; and

    (iv) any available research and best practices reviewed by the Commission on Aging.

(c) On or before July 1, 2029, and every 4 years on July 1 thereafter, the Secretary shall provide to the Governor and, subject to Sec. 2-1257 of the State Government Article, to the General Assembly an updated comprehensive Longevity Ready Maryland Plan that:

  (1) complies with Sec. 10-204 of this subtitle;

  (2) includes progress made on existing goals, objectives, and strategies identified in the immediately preceding Longevity Ready Maryland Plan;

  (3) maintains existing goals and includes any additional goals;

  (4) updates objectives and strategies if appropriate based on evolving circumstances and population projections; and

  (5) is informed by the State Plan on Aging as required by the Older Americans Act of 1965 and other relevant State and local plans and agency collaborations.

#### Section 10-207

The Secretary shall appoint a deputy secretary.

#### Section 10-208

(a) There is a Commission on Aging in the Department.

(b)

  (1) The Commission consists of the following members:

    (i) one member of the Senate of Maryland, appointed by the President of the Senate;

    (ii) one member of the House of Delegates, appointed by the Speaker of the House;

    (iii) the Secretary of Aging, or the Secretary's designee; and

    (iv) the following members, appointed by the Governor:

      (1) three directors of area agencies on aging, including the president of the Maryland Association of Area Agencies on Aging;

      (2) three representatives of organizations located in the State that advocate for older adults and caregivers;

      (3) six experts on aging representing the disciplines of health care, technology, academia, innovation, consumer protection, and the private sector and philanthropy;

      (4) five individuals with a demonstrated interest in the implementation of the Longevity Ready Maryland Plan; and

      (5) one veteran with a demonstrated interest in the implementation of the Longevity Ready Maryland Plan.

  (2) To the extent practicable, Commission membership shall reflect the age, race, ethnicity, disability, gender identity, sexual orientation, immigrant heritage, lived and professional experience, and regional geographic representation diversity of the State.

(c) The Department shall provide staff for the Commission.

(d)

  (1) The term of a member of the Commission is 4 years.

  (2) The terms of new members appointed under subsection (b)(1)(iv) of this section are staggered as required by the terms provided for members of the Commission on October 1, 2026.

  (3) A member of the Commission appointed under subsection (b)(1)(iv) of this section may not serve more than two consecutive terms.

  (4) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (5) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

  (6) A member who fails to attend at least 50% of the meetings during any consecutive 12-month period shall be considered to have resigned.

(e) The Commission shall determine the frequency, dates, times, and places of its meetings.

(f)

  (1) From among the members of the Commission, the Secretary:

    (i) shall designate the chair of the Commission; and

    (ii) may designate a vice chair of the Commission.

  (2) A majority of the members then serving on the Commission is a quorum.

  (3) The chair may establish subcommittees of the Commission.

  (4) The Commission may consult and collaborate with local commissions on aging.

(g) A member of the Commission:

  (1) may not receive compensation as a member of the Commission; but

  (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.

(h) The Commission shall:

  (1) exercise the powers and perform the duties specified in this title;

  (2) review and advise the Department on the Longevity Ready Maryland Plan and overall progress of the Department and multisector partners in implementing the recommendations of the most recently published Longevity Ready Maryland Plan;

  (3) advise the Secretary on legislative, policy, and other systems changes that could assist with implementation of the Longevity Ready Maryland Plan; and

  (4) advise the Secretary on any update to the Longevity Ready Maryland Plan required by Sec. 10-206 of this subtitle, including any update to the goals, objectives, and strategies to be included in subsequent Longevity Ready Maryland plans.

#### Section 10-209

** IN EFFECT UNTIL JULY 1, 2026 PER CHAPTERS 33 AND 34 OF 2025 **

(a)

  (1) The Secretary shall develop congregate housing services programs for seniors in conjunction with:

    (i) public or private for profit or nonprofit corporations; or

    (ii) State or federal units.

  (2) Congregate housing services shall include congregate meals, housekeeping, and personal services.

(b)

  (1) An individual is eligible for congregate housing services if the individual is at least 62 years old and has temporary or periodic difficulty with one or more essential activities of daily living, such as feeding, bathing, grooming, dressing, or transferring.

  (2) The spouse of an individual described in paragraph (1) of this subsection is eligible for congregate housing services if the spouse is at least 55 years old and has temporary or periodic difficulty with one or more essential activities of daily living, such as feeding, bathing, grooming, dressing, or transferring.

(c) The Secretary shall:

  (1) make maximum use of rent and other subsidies available from federal and State sources;

  (2) provide for subsidies necessary from State general funds to assist low-income seniors to reside in congregate housing as an alternative to more costly institutional care that is not required;

  (3) find sponsors or managers for congregate housing services programs;

  (4) assist developers in formulating design concepts and meeting program needs; and

  (5) when necessary, provide subsidies for congregate meals, housekeeping, and personal services in congregate housing services programs and develop eligibility requirements for the subsidies.

(d) The Secretary shall adopt regulations to:

  (1) govern the certification and operation of congregate housing services programs; and

  (2) provide for investigations of criminal records of congregate housing services providers and employees under subsection (e) of this section.

(e) The Secretary is authorized to conduct federal and State criminal background investigations of providers of congregate housing services programs and their employees.

(f)

  (1) A congregate housing services program must be certified by the Secretary.

  (2) The Secretary shall review the compliance of congregate housing services programs with the regulations governing their certification and operation.

  (3) Before the Secretary may certify or renew the certification of a provider of congregate housing services for seniors with Alzheimer's disease and related disorders, the provider shall have an in-service education program that includes instruction on dementia and the techniques necessary to manage patients with physical, intellectual, and behavioral manifestations of dementia.

#### Section 10-210

** IN EFFECT UNTIL JULY 1, 2026 PER CHAPTERS 33 AND 34 OF 2025 **

(a) The Secretary may impose a civil money penalty against a provider of congregate housing services for a violation:

  (1) that results in conditions presenting an imminent danger or a substantial probability of death or serious physical harm to a resident of congregate housing;

  (2) of a resident's rights as specified in regulations adopted under this title; or

  (3) of a State or local fire safety law.

(b) Before imposing a penalty under this section, the Department shall send a notice of violation to the provider that states:

  (1) when the provider must submit a plan of correction that is acceptable to the Department;

  (2) when each identified violation must be substantially corrected; and

  (3) that a civil money penalty may be imposed for failure to:

    (i) submit an acceptable plan of correction; or

    (ii) correct an identified violation.

(c)

  (1) After the time for correcting a violation has ended, the Department shall reinspect the facility to determine whether the violation has been corrected.

  (2) After the reinspection, the Secretary may:

    (i) extend the time to correct the violation; or

    (ii) impose a civil money penalty under subsection (d) of this section.

(d)

  (1) The Secretary may impose a civil money penalty not exceeding $20 per violation per resident for each day that a violation remains uncorrected after the time set for correction under subsection (b)(2) of this section.

  (2) A penalty imposed under this section may not exceed $1,000 per violation or $5,000 in total.

(e)

  (1) The Secretary shall provide written notice of a civil money penalty to the provider.

  (2) The notice shall:

    (i) be served on the provider by certified mail; and

    (ii) state:

      (1) each penalty imposed;

      (2) the regulation or provision violated;

      (3) the amount of the penalty;

      (4) the provider's right to request a reduction of the penalty; and

      (5) how to file an administrative appeal of the penalty.

(f)

  (1) A provider of congregate housing services may request a reduction of a civil money penalty.

  (2) A request for a reduction shall:

    (i) be made in writing within 10 days after the provider receives the notice of the civil money penalty; and

    (ii) state the reasons for the request.

  (3) A request for a reduction of a civil money penalty does not affect the accrual of the penalties under subsection (d) of this section.

  (4) Within 14 days after receiving the request for reduction, the Department shall hold an informal conference with the provider on the issue of whether to reduce the civil money penalty.

  (5) In deciding whether to reduce the penalty, the Secretary shall consider:

    (i) the provider's history of violations;

    (ii) the provider's current and past diligence in correcting violations; and

    (iii) other factors that the Secretary considers appropriate.

  (6) The Secretary shall issue a written determination granting or denying the request for a reduction of a civil money penalty that states the reasons for the determination.

  (7) As a condition of reducing a penalty, the Secretary shall require correction of all violations.

(g) If a civil money penalty is imposed under this section, the provider has the right to appeal from the order in accordance with Title 10, Subtitle 2 of the State Government Article.

(h) The Secretary may impose a penalty of three times the amount set forth in subsection (d) of this section on a provider of congregate housing services if a penalty was imposed on the provider for the same violation during the 2 years before the date on which the notice of violation was issued.

(i)

  (1) An order imposing a civil money penalty is final when the provider has exhausted all opportunities to contest the penalty under subsection (f) or (g) of this section.

  (2) A provider shall pay all penalties to the Department within 10 days after the provider receives a final order imposing a penalty.

  (3) If a provider does not comply with this section, the Department may file a civil action to recover the penalty.

#### Section 10-211

** IN EFFECT UNTIL JULY 1, 2026 PER CHAPTERS 33 AND 34 OF 2025 **

(a) In this section, "assisted living program" has the meaning stated in Sec. 19-1801 of the Health - General Article.

(b) The Secretary shall develop assisted living programs for seniors in conjunction with:

  (1) public or private for profit or nonprofit corporations; or

  (2) State or federal units.

(c)

  (1) The Secretary shall:

    (i) make maximum use of rent and other subsidies available from federal and State sources; and

    (ii) provide for and set, by regulation, the amount of subsidies necessary from State general funds to assist low-income seniors to reside in assisted living programs as an alternative to more costly institutional care that is not required.

  (2) Subsidies under paragraph (1)(ii) of this subsection may include, when necessary and in accordance with available funds, monthly subsidies for residents of assisted living programs whose adjusted gross annual income is less than their cost of care for assisted living services.

  (3) When necessary and in accordance with available funds, the Secretary shall provide subsidies for congregate meals, housekeeping, and personal services for assisted living programs and develop eligibility requirements for these subsidies.

  (4) The Secretary shall adopt regulations to govern eligibility requirements for subsidies.

(d) The Secretary shall:

  (1) find sponsors for assisted living programs; and

  (2) assist developers in formulating design concepts and meeting program needs.

(e) The Secretary shall review the compliance of assisted living programs with the regulations that the Secretary of Health adopts for licensing these programs to operate in the State.

#### Section 10-214

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Nursing home" means comprehensive care facilities and extended care facilities.

  (3) "Unclaimed deceased nursing home resident" means a resident of a nursing home:

    (i) who has not prearranged and prepaid for the disposal of the resident's body; and

    (ii) for whom no person has claimed the body and assumed funeral or burial responsibility on the death of the resident.

(b) The Secretary shall adopt regulations establishing guidelines for nursing home administrators regarding funeral and burial arrangements for unclaimed deceased nursing home residents:

  (1) consistent with Sec. 5-406 of the Health - General Article; and

  (2) with the cooperation of the State Anatomy Board.

(c) A nursing home administrator shall:

  (1) immediately notify the Department of the death of an unclaimed deceased nursing home resident; and

  (2) obtain the approval of the Department before burying or making funeral arrangements for the unclaimed deceased nursing home resident.

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Md. Code Ann., Hum. Servs. (as displayed at mgaleg.maryland.gov, October 16, 2026)