(a) There is a Commission on Aging in the Department. (b) (1) The Commission consists of 13 members appointed by the Governor as follows: (i) 1 shall be a member of the Senate of Maryland, who may not vote; (ii) 1 shall be a member of the Maryland House of Delegates, who may not vote; and (iii) 11 shall be selected to reflect the geographic diversity of the State and because of their interest in the needs of seniors. (2) At least 7 members shall be at least 55 years old. (c) (1) The term of a member of the Commission is 4 years. (2) The terms of members appointed under subsection (b)(1)(iii) of this section are staggered as required by the terms provided for members of the Commission on October 1, 2007. (3) A member of the Commission appointed under subsection (b)(1)(iii) of this section may not serve more than two consecutive terms. (4) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (5) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (d) From among the members of the Commission, the Governor shall designate a chair. (e) A member of the Commission: (1) may not receive compensation as a member of the Commission; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget. (f) The Commission shall: (1) exercise the powers and perform the duties specified in this title; (2) review: (i) ongoing statewide programs and activities for seniors; and (ii) new statewide programs for seniors before the programs are implemented; and (3) make recommendations to the Secretary about statewide programs and activities for seniors. §10-209. IN EFFECT ** IN EFFECT UNTIL JULY 1, 2026 PER CHAPTERS 33 AND 34 OF 2025 ** (a) (1) The Secretary shall develop congregate housing services programs for seniors in conjunction with: (i) public or private for profit or nonprofit corporations; or (ii) State or federal units. (2) Congregate housing services shall include congregate meals, housekeeping, and personal services. (b) (1) An individual is eligible for congregate housing services if the individual is at least 62 years old and has temporary or periodic difficulty with one or more essential activities of daily living, such as feeding, bathing, grooming, dressing, or transferring. (2) The spouse of an individual described in paragraph (1) of this subsection is eligible for congregate housing services if the spouse is at least 55 years old and has temporary or periodic difficulty with one or more essential activities of daily living, such as feeding, bathing, grooming, dressing, or transferring. (c) The Secretary shall: (1) make maximum use of rent and other subsidies available from federal and State sources; (2) provide for subsidies necessary from State general funds to assist low-income seniors to reside in congregate housing as an alternative to more costly institutional care that is not required; (3) find sponsors or managers for congregate housing services programs; (4) assist developers in formulating design concepts and meeting program needs; and (5) when necessary, provide subsidies for congregate meals, housekeeping, and personal services in congregate housing services programs and develop eligibility requirements for the subsidies. (d) The Secretary shall adopt regulations to: (1) govern the certification and operation of congregate housing services programs; and (2) provide for investigations of criminal records of congregate housing services providers and employees under subsection (e) of this section. (e) The Secretary is authorized to conduct federal and State criminal background investigations of providers of congregate housing services programs and their employees. (f) (1) A congregate housing services program must be certified by the Secretary. (2) The Secretary shall review the compliance of congregate housing services programs with the regulations governing their certification and operation. (3) Before the Secretary may certify or renew the certification of a provider of congregate housing services for seniors with Alzheimer's disease and related disorders, the provider shall have an in-service education program that includes instruction on dementia and the techniques necessary to manage patients with physical, intellectual, and behavioral manifestations of dementia. §10-210. IN EFFECT ** IN EFFECT UNTIL JULY 1, 2026 PER CHAPTERS 33 AND 34 OF 2025 ** (a) The Secretary may impose a civil money penalty against a provider of congregate housing services for a violation: (1) that results in conditions presenting an imminent danger or a substantial probability of death or serious physical harm to a resident of congregate housing; (2) of a resident's rights as specified in regulations adopted under this title; or (3) of a State or local fire safety law. (b) Before imposing a penalty under this section, the Department shall send a notice of violation to the provider that states: (1) when the provider must submit a plan of correction that is acceptable to the Department; (2) when each identified violation must be substantially corrected; and (3) that a civil money penalty may be imposed for failure to: (i) submit an acceptable plan of correction; or (ii) correct an identified violation. (c) (1) After the time for correcting a violation has ended, the Department shall reinspect the facility to determine whether the violation has been corrected. (2) After the reinspection, the Secretary may: (i) extend the time to correct the violation; or (ii) impose a civil money penalty under subsection (d) of this section. (d) (1) The Secretary may impose a civil money penalty not exceeding $20 per violation per resident for each day that a violation remains uncorrected after the time set for correction under subsection (b)(2) of this section. (2) A penalty imposed under this section may not exceed $1,000 per violation or $5,000 in total. (e) (1) The Secretary shall provide written notice of a civil money penalty to the provider. (2) The notice shall: (i) be served on the provider by certified mail; and (ii) state: 1. each penalty imposed; 2. the regulation or provision violated; 3. the amount of the penalty; 4. the provider's right to request a reduction of the penalty; and 5. how to file an administrative appeal of the penalty. (f) (1) A provider of congregate housing services may request a reduction of a civil money penalty. (2) A request for a reduction shall: (i) be made in writing within 10 days after the provider receives the notice of the civil money penalty; and (ii) state the reasons for the request. (3) A request for a reduction of a civil money penalty does not affect the accrual of the penalties under subsection (d) of this section. (4) Within 14 days after receiving the request for reduction, the Department shall hold an informal conference with the provider on the issue of whether to reduce the civil money penalty. (5) In deciding whether to reduce the penalty, the Secretary shall consider: (i) the provider's history of violations; (ii) the provider's current and past diligence in correcting violations; and (iii) other factors that the Secretary considers appropriate. (6) The Secretary shall issue a written determination granting or denying the request for a reduction of a civil money penalty that states the reasons for the determination. (7) As a condition of reducing a penalty, the Secretary shall require correction of all violations. (g) If a civil money penalty is imposed under this section, the provider has the right to appeal from the order in accordance with Title 10, Subtitle 2 of the State Government Article. (h) The Secretary may impose a penalty of three times the amount set forth in subsection (d) of this section on a provider of congregate housing services if a penalty was imposed on the provider for the same violation during the 2 years before the date on which the notice of violation was issued. (i) (1) An order imposing a civil money penalty is final when the provider has exhausted all opportunities to contest the penalty under subsection (f) or (g) of this section. (2) A provider shall pay all penalties to the Department within 10 days after the provider receives a final order imposing a penalty. (3) If a provider does not comply with this section, the Department may file a civil action to recover the penalty. §10-211. IN EFFECT ** IN EFFECT UNTIL JULY 1, 2026 PER CHAPTERS 33 AND 34 OF 2025 ** (a) In this section, "assisted living program" has the meaning stated in § 19-1801 of the Health - General Article. (b) The Secretary shall develop assisted living programs for seniors in conjunction with: (1) public or private for profit or nonprofit corporations; or (2) State or federal units. (c) (1) The Secretary shall: (i) make maximum use of rent and other subsidies available from federal and State sources; and (ii) provide for and set, by regulation, the amount of subsidies necessary from State general funds to assist low-income seniors to reside in assisted living programs as an alternative to more costly institutional care that is not required. (2) Subsidies under paragraph (1)(ii) of this subsection may include, when necessary and in accordance with available funds, monthly subsidies for residents of assisted living programs whose adjusted gross annual income is less than their cost of care for assisted living services. (3) When necessary and in accordance with available funds, the Secretary shall provide subsidies for congregate meals, housekeeping, and personal services for assisted living programs and develop eligibility requirements for these subsidies. (4) The Secretary shall adopt regulations to govern eligibility requirements for subsidies. (d) The Secretary shall: (1) find sponsors for assisted living programs; and (2) assist developers in formulating design concepts and meeting program needs. (e) The Secretary shall review the compliance of assisted living programs with the regulations that the Secretary of Health adopts for licensing these programs to operate in the State.
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