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<regulation prefix="Regulation" num=".08" citation="COMAR 10.07.14.08" title_num="10" subtitle_num="07" chapter_num="14" heading="Changes in an Assisted Living Program that Affect the Operating License.">
  <paragraph num="A.">
    <text>General Information Related to Licensure.</text>
    <paragraph num="(1)">
      <text>A licensee shall immediately notify the Department of any change in the information the licensee had submitted with the most recent application.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A license is valid only in the name of the licensee to whom it is issued, and is not subject to sale, assignment, or other transfer.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A license is valid only for the premises for which it was originally issued.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A licensee shall forward to the Department a copy of any report or citation of a violation of any applicable building codes, sanitary codes, fire safety codes, or other regulations affecting the health, safety, or welfare of residents within 7 calendar days of receipt of the report or citation. An assisted living program’s failure to notify the Department may result in the imposition of a sanction.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Increase in Licensed Beds.</text>
    <paragraph num="(1)">
      <text>An assisted living program may not provide assisted living services to more residents than the number of beds approved in writing by the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>To request an increase in the number of beds, a licensed assisted living program shall:</text>
      <paragraph num="(a)">
        <text>Submit the request for an increase in licensed beds on the form developed by and in the manner established by the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Attach the required documents, including, at a minimum, proof of compliance with all local requirements for fire safety, use and occupancy, and zoning permits.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If approved, the Department shall issue a new license to the assisted living program that includes the approved number of beds.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Upon receipt of a new license, all use of the previously issued assisted living program license shall cease.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Increase in Level of Care.</text>
    <paragraph num="(1)">
      <text>An assisted living program may not provide a higher level of care for residents than is approved by the Department unless a specific resident has a waiver to receive a higher level of care.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>To request an increase in the level of care, an assisted living program shall:</text>
      <paragraph num="(a)">
        <text>Submit the request for an increase in the level of care on the form developed by and in the manner established by the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Attach supporting documentation, including any changes in staffing, training, or policies and procedures.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If approved, the Department shall issue a new license to the assisted living program that includes the approved level of care.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Upon receipt of a new license, all use of the previously issued assisted living program license shall cease.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Name Change.</text>
    <paragraph num="(1)">
      <text>An assisted living program shall have a revised license from the Department to change its name or the name under which the program is doing business.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>To request a name change, an assisted living program shall:</text>
      <paragraph num="(a)">
        <text>Submit the request for a name change on the form developed by and in the manner established by the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Attach the required attachments, including a letter of good standing from the Maryland State Department of Assessments and Taxation (SDAT) Business Express.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Upon processing, the Department shall issue a new license to the assisted living program that includes the new name of the licensee.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Upon receipt of a new license, all use of the previously issued assisted living program license shall cease.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Change of Location.</text>
    <paragraph num="(1)">
      <text>Prior to operating an assisted living program at a new location, the applicant shall have an assisted living program license issued by the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>To request an assisted living program license for a new location, an applicant shall:</text>
      <paragraph num="(a)">
        <text>Submit an application for an assisted living program license on the form developed by and in the manner established by the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Submit all required attachments.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An assisted living program shall notify the Department in writing of a relocation:</text>
      <paragraph num="(a)">
        <text>Within 60 calendar days in advance of the effective date if licensed for 49 or fewer beds; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 75 calendar days in advance of the effective date if licensed for 50 or more beds.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>An assisted living program shall notify residents and resident representatives in writing of a relocation:</text>
      <paragraph num="(a)">
        <text>Within 60 calendar days in advance of the effective date if licensed for 49 or fewer beds; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 75 calendar days in advance of the effective date if licensed for 50 or more beds.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>If approved, the Department shall issue a license to the assisted living program at the new location.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Upon receipt of a new license, all use of the previously issued assisted living program license shall cease.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Change of Ownership — Sale, Transfer, or Lease of a Facility.</text>
    <paragraph num="(1)">
      <text>If a sale, transfer, or lease of a facility causes a change in the person or persons who control or operate the assisted living program, the assisted living program shall be considered a new program and the new owner shall apply for a license and conform to all regulations applicable at the time of transfer of operations.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The transfer of any stock which results in a change of the person or persons who control the program or the transfer of any stock in excess of 25 percent of the outstanding stock, constitutes a sale.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For the purposes of Life Safety Code enforcement, the program is considered an existing facility if it has been in continuous use as an assisted living program.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An assisted living program shall notify the Department in writing of a change of ownership, sale, transfer, or lease of a facility:</text>
      <paragraph num="(a)">
        <text>Within 60 calendar days in advance of the effective date if licensed for 49 or fewer beds; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 75 calendar days in advance of the effective date if licensed for 50 or more beds.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>An assisted living program shall notify residents and resident representatives in writing of a change of ownership, sale, transfer, or lease of a facility:</text>
      <paragraph num="(a)">
        <text>Within 60 calendar days in advance of the effective date if licensed for 49 or fewer beds; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 75 calendar days in advance of the effective date if licensed for 50 or more beds.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>If a change of ownership of the assisted living program is occurring, the new owner shall:</text>
      <paragraph num="(a)">
        <text>Submit an application for an assisted living program license on the form developed by and in the manner established by the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Submit all required attachments.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>If approved, the Department shall issue a license to the assisted living program.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Upon receipt of a new license, all use of the previously issued assisted living licensee shall immediately cease.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A licensee named in the original license shall remain responsible for the operation of the assisted living program until a new license is issued to the new owner, and the current licensee shall remain responsible for correction of all outstanding deficiencies or impending sanctions until a new license is issued to the new owner.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Voluntary Closure.</text>
    <paragraph num="(1)">
      <text>An assisted living program shall notify the Department of any intention to voluntarily close:</text>
      <paragraph num="(a)">
        <text>Within 60 calendar days in advance of the closure if licensed for 49 or fewer beds; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 75 calendar days in advance of the closure if licensed for 50 or more beds.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The assisted living program shall include the following information in the notice to the Department:</text>
      <paragraph num="(a)">
        <text>The method for informing residents and resident representatives of its intent to close, change ownership, change location, or sell its assisted living program; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The actions the assisted living program will take to assist residents in securing comparable housing and assistance, if necessary.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An assisted living program shall notify residents and resident representatives of a voluntary closure, in writing:</text>
      <paragraph num="(a)">
        <text>Within 60 calendar days in advance of the closure if licensed for 49 or fewer beds; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within 75 calendar days in advance of the closure if licensed for 50 or more beds.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The assisted living program shall provide at least weekly updates to the OHCQ, including:</text>
      <paragraph num="(a)">
        <text>Number of residents remaining in the facility;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Number of residents with plans for relocation; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Number of residents with no plans for relocation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>In addition to the notice to the Department required by §B of this regulation, after a program closes, the assisted living program shall:</text>
      <paragraph num="(a)">
        <text>Notify the Department of the date of closure and the place of relocation of each resident; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Cease all use of the previously issued assisted living program license.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Voiding of License.</text>
    <paragraph num="(1)">
      <text>Maryland State Department of Assessments and Taxation (SDAT).</text>
      <paragraph num="(a)">
        <text>A licensed assisted living program shall remain in good standing with (SDAT).</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the assisted living program fails to return to good standing 60 calendar days after receipt of notification of noncompliance from SDAT or another government agency, the Department may void the assisted living program’s license.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Ceases the Provision of Services.</text>
      <paragraph num="(a)">
        <text>A license is void if the assisted living program ceases to provide services to residents for a period of 180 consecutive days.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The owner shall immediately cease all use of the previously issued assisted living program license when the license is voided.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Surrender of License.</text>
    <paragraph num="(1)">
      <text>Unless the Department agrees to accept the surrender of a license, an assisted living program may not surrender a license to operate an assisted living program nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department may set conditions on its agreement with the licensee under investigation or against which charges are pending to accept surrender of the license.</text>
    </paragraph>
  </paragraph>
</regulation>