(a) The Department shall: (1) Define different levels of assisted living according to the level of care provided; (2) Require all assisted living programs to be licensed to operate according to the level of the program; (3) Develop a waiver process for authorizing an assisted living program to continue to care for an individual whose medical or functional condition has changed since admission to the program to an extent that the level of care required by the individual exceeds the level of care for which the program is licensed; (4) Promote affordable and accessible assisted living programs throughout the State; (5) Establish and enforce quality standards for assisted living programs; (6) Require periodic inspections of assisted living program facilities, including at least an annual unannounced on-site inspection; (7) Establish requirements for the qualifications or training or both of assisted living program employees; (8) Establish a "resident bill of rights" for residents of assisted living program facilities that includes, at a minimum: (i) The right to be treated with consideration, respect, and full recognition of human dignity and individuality; (ii) The right to receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant federal and State laws, rules, and regulations; (iii) The right to be free from mental and physical abuse; (iv) The right to be free from mental, verbal, sexual, and physical abuse, neglect, or involuntary seclusion or exploitation; (v) The right to notice, procedural fairness, and humane treatment when being transferred or discharged from a facility; (vi) The right to participate in decision making regarding transitions in care, including a transfer or discharge from a facility; (vii) The right to be free from physical and chemical restraints, except for restraints that a physician authorizes for a clearly indicated medical need; and (viii) The right to manage personal financial affairs; (9) Define which, if any, assisted living programs may be exempt from the requirements of § 19-311 of this title; and (10) For Alzheimer's special care units: (i) Establish the number of dementia-specific training hours to be completed for those staff working in Alzheimer's special care units; (ii) Determine the topic content for dementia-specific training required for those staff working in Alzheimer's special care units; and (iii) Require staff sufficient to meet the needs of residents in Alzheimer's special care units. (b) (1) The Department, in consultation with representatives of the affected industry and advocates for residents of the facilities and with the approval of the Department of Aging and the Department of Human Services, shall adopt regulations to implement this subtitle. (2) The regulations adopted under paragraph (1) of this subsection shall: (i) Provide for the licensing of assisted living programs; (ii) Require the Department, during a survey or other inspection of an assisted living program, to review the number of waivers granted to the program under subsection (a)(3) of this section and determine whether a change in the program's licensure status is warranted; and (iii) Require an assisted living program facility to post in a conspicuous place visible to actual and potential residents of the facility and other interested parties: 1. A. Its statement of deficiencies for the most recent survey; B. Any subsequent complaint investigations conducted by federal, State, or local surveyors; and C. Any plans of correction in effect with respect to the survey or complaint investigation; or 2. A notice of the location, within the facility, of the items listed in item 1 of this item.
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