- [An assisted living] A program shall develop and implement policies and procedures prohibiting abuse, neglect, and financial exploitation of residents.
[B. 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 criminal background check.]
- A licensee who commits financial exploitation of a resident shall be in violation of this chapter as well as applicable civil and criminal laws.
- Reports of Abuse, Neglect, or Financial Exploitation.
(1) A licensee 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 exploitation within 24 hours to:
[(a) The appropriate local department of social services, Adult Protective Services Program; and]
(a) The Office of Health Care Quality of the Department; and
(b) One or more of the following:
(i) A local law enforcement agency;
[(ii) The Office of Health Care Quality of the Department;]
(ii) The Adult Protective Services Program;
(iii) A representative of the Long-Term Care Ombudsman Program in the Department of Aging or local area agency on aging.
[(2) If one of the agencies listed in §C(1)(b) of this regulation receives a report, that recipient shall notify:
(a) The other parties referred to in §C(1)(b) of this regulation; and
(b) The assisted living manager unless the assisted living manager is believed to be involved with the abuse, neglect, or exploitation.]
[(3)] (2) A licensee 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 exploitation.
[(4)] (3) 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 .64 of this chapter.
- Investigations. An [assisted living] program shall:
(1) Thoroughly investigate all allegations of abuse, neglect, or exploitation and maintain on-site written documentation of the investigation; and
(2) Take appropriate action to prevent further incidents of abuse, neglect, or exploitation while the investigation is in progress.
- Investigation Reports.
(1) The licensee or any government agency that investigates the abuse, neglect, or exploitation shall send a report to:
(a) The Office of Health Care Quality;
(b) The appropriate law enforcement agency; and
(c) The Department of Aging, or local area agency on aging.
(2) The entities set forth in §E(1) of this regulation may make a referral, if appropriate, to:
(a) The State’s attorney’s office; or
(b) The Medicaid Fraud Control Unit of the Criminal Division of the Office of the Attorney General.
- 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.
- 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