(a) (1) There is a Health Care Quality Account established in the Department. (2) The Health Care Quality Account shall be funded by civil money penalties paid by nursing homes and other penalties that the Office of Health Care Quality may assess. (3) The Department shall pay all penalties collected under this title to the Comptroller of the State. (4) The Comptroller shall distribute the funds collected under this title to the Health Care Quality Account. (5) The Health Care Quality Account is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article. (6) Any unspent portions of the Health Care Quality Account may not be transferred or reverted to the General Fund of the State, but shall remain in the Health Care Quality Account to be used for the purposes specified in this section. (b) The Health Care Quality Account shall be used for training, grant awards, demonstration projects, or other purposes designed to improve the quality of care. (c) The Department shall adopt regulations for the distribution of funds from the Health Care Quality Account. §19-1408. IN EFFECT (a) (1) Subject to subsection (c) of this section, the Department shall make a site visit and conduct a full survey of each licensed nursing home at least once per calendar year. (2) Unless otherwise required by federal law, all surveys shall be unannounced. (b) (1) Subject to paragraph (2) of this subsection, the Department shall initiate an investigation of a nursing home complaint alleging actual harm within 10 business days after receiving the complaint. (2) If the Department receives a complaint against a nursing home alleging immediate jeopardy to a resident, the Department: (i) Shall make every effort to investigate the complaint within 24 hours after receiving the complaint; and (ii) Shall investigate the complaint not later than 48 hours after receiving the complaint. (c) If ownership of a licensed nursing home is transferred to a person that does not own or operate another nursing home in the State at the time of the transfer, the Department shall conduct: (1) The first full survey of the licensed nursing home as required under subsection (a) of this section within 3 months after the date of transfer; and (2) An unannounced, on-site follow-up survey of the licensed nursing home that covers any deficiencies noted in the full survey within 120 days after the full survey was completed. (d) (1) Beginning July 1, 2025, and every 3 months thereafter, the Department shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2-1257 of the State Government Article, the number of surveys conducted in each county, disaggregated by the following types of surveys: (i) Standard survey; (ii) Complain survey; (iii) Follow-up survey; (iv) Revisit survey; (v) Special focus facility survey; (vi) Abbreviated survey; and (vii) Life safety code survey. (2) Beginning July 1, 2025, and every 6 months thereafter, the Office of Health Care Quality shall report to the local area agency on aging for each county the name of each nursing home in the county that was surveyed in the immediately preceding 6 months and the date each survey was conducted. §19-1408. // EFFECTIVE MAY 31, 2029 PER CHAPTER 680 OF 2025 // (a) (1) Subject to subsection (c) of this section, the Department shall make a site visit and conduct a full survey of each licensed nursing home at least once per calendar year. (2) Unless otherwise required by federal law, all surveys shall be unannounced. (b) (1) Subject to paragraph (2) of this subsection, the Department shall initiate an investigation of a nursing home complaint alleging actual harm within 10 business days after receiving the complaint. (2) If the Department receives a complaint against a nursing home alleging immediate jeopardy to a resident, the Department: (i) Shall make every effort to investigate the complaint within 24 hours after receiving the complaint; and (ii) Shall investigate the complaint not later than 48 hours after receiving the complaint. (c) If ownership of a licensed nursing home is transferred to a person that does not own or operate another nursing home in the State at the time of the transfer, the Department shall conduct: (1) The first full survey of the licensed nursing home as required under subsection (a) of this section within 3 months after the date of transfer; and (2) An unannounced, on-site follow-up survey of the licensed nursing home that covers any deficiencies noted in the full survey within 120 days after the full survey was completed.
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