# COMAR Title 10 — Maryland Department of Health

## Subtitle 07 — Hospitals

### Chapter 14 — Assisted Living Programs

#### Regulation .23 Admission Requirements.

*COMAR 10.07.14.23*

A. Discrimination Prohibited. An assisted living program licensed under this chapter may not discriminate in admitting or providing care to an individual because of the individual’s:

  (1) Race;

  (2) Color;

  (3) National origin;

  (4) Sexual orientation;

  (5) Gender identity;

  (6) Religion;

  (7) Physical disability; or

  (8) Mental disability.

B. An assisted living program may not provide services to individuals who at the time of initial admission, as established by the initial assessment, would require:

  (1) More than intermittent nursing care;

  (2) Treatment of stage three or stage four skin ulcers;

  (3) Ventilator services;

  (4) Skilled monitoring, testing, and frequent adjustment of medications and treatments where there is the presence of a fluctuating acute condition; or

  (5) Monitoring of a chronic medical condition that is not controllable through readily available medications and treatments.

C. An individual may not be admitted to an assisted living program who is:

  (1) Dangerous to the individual or others when the assisted living program would be unable to eliminate the danger through the use of appropriate treatment modalities; or

  (2) At high risk for health or safety complications which cannot be adequately managed.

D. The provisions of §§B and C of this regulation do not apply to a resident being admitted to an assisted living program when the resident is under the care of a general hospice care program licensed by the Department which ensures delivery of one or more of the services described under §§B and C of this regulation through the hospice program’s plan of care.