<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".37" citation="COMAR 10.07.14.37" title_num="10" subtitle_num="07" chapter_num="14" heading="Abuse, Neglect, and Financial Exploitation.">
  <paragraph num="A.">
    <text>An assisted living program shall develop and implement policies and procedures prohibiting abuse, neglect, and financial exploitation of residents.</text>
  </paragraph>
  <paragraph num="B.">
    <text>An assisted living program may not knowingly employ an individual who has any criminal conviction or other criminal history that indicates behavior that is potentially harmful to residents, documented through either a criminal history records check or a background check.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Reports of Abuse, Neglect, or Financial Exploitation.</text>
    <paragraph num="(1)">
      <text>An assisted living program or employee of an assisted living program who has witnessed, or otherwise has reason to believe, that a resident has been subjected to abuse, neglect, or financial exploitation shall report the alleged abuse, neglect, or financial exploitation within 24 hours to the:</text>
      <paragraph num="(a)">
        <text>Appropriate law enforcement agency;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Office of Health Care Quality of the Department;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Ombudsman within the Department of Aging or local area agency on aging;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Local Department of Human Services or Adult Protective Services; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Assisted living manager unless they are believed to be involved with the abuse, neglect, or financial exploitation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An assisted living program or an employee may be subject to a penalty imposed by the Secretary of up to $1,000 for failing to make a report required by §C(1) of this regulation within 3 days after learning of the alleged abuse, neglect, or financial exploitation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A person aggrieved by the action of the Secretary under §C of this regulation may appeal the Secretary’s action by filing a request for a hearing in accordance with Regulation .65 of this chapter.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A licensed or certified individual who has knowledge of, but does not report, suspected abuse, neglect, or financial exploitation may be referred to their respective health occupation board.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Investigations. An assisted living program shall:</text>
    <paragraph num="(1)">
      <text>Thoroughly investigate all allegations of abuse, neglect, or financial exploitation and maintain on-site written documentation of the investigation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Take appropriate action to prevent further incidents of abuse, neglect, or financial exploitation while the investigation is in progress.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Investigation Reports.</text>
    <paragraph num="(1)">
      <text>The assisted living program or any government agency that investigates the abuse, neglect, or financial exploitation shall send a report to the:</text>
      <paragraph num="(a)">
        <text>Appropriate law enforcement agency;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Office of Health Care Quality of the Department;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Ombudsman within the Department of Aging or local area agency on aging; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Local Department of Human Services or Adult Protective Services.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The entities set forth in §E(1) of this regulation may make a referral, if appropriate, to:</text>
      <paragraph num="(a)">
        <text>The State’s attorney’s office; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Medicaid Fraud Control Unit of the Criminal Division of the Office of the Attorney General.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Immunity from Civil Liability. An individual who, acting in good faith, makes a report under this regulation has immunity from liability as described in Health-General Article, §19-347(g), Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Notice. The assisted living program shall post signs that set forth the reporting requirements of §C(1) of this regulation, conspicuously in the employee and public areas of the facility.</text>
  </paragraph>
</regulation>