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Statutes Text

Article - Health - General




§19–115.

    (a)    In addition to the duties set forth elsewhere in this subtitle, in this Part II of this subtitle, the Commission shall:

        (1)    Act as the State agency to represent the State under Title VI of the federal Public Health Service Act;

        (2)    Periodically participate in or perform analyses and studies that relate to:

            (i)    Adequacy of services and financial resources to meet the needs of the population;

            (ii)    Distribution of health care resources;

            (iii)    Allocation of health care resources;

            (iv)    Costs of health care in relationship to available financial resources; or

            (v)    Any other appropriate matter; and

        (3)    When evaluating a notice of acquisition or transfer of interest of a nursing home in accordance with § 19–120(k)(6)(ii) of this title, provide the Commission’s written findings and recommendations to the Office of Health Care Quality, including:

            (i)    Quality ratings of facilities currently or previously owned, within or outside the State, by the purchaser of the health care facility, based on the most recent Five–Star Quality Rating System established by the Centers for Medicare and Medicaid Services;

            (ii)    For the immediately preceding 3–year period:

                1.    Evidence that facilities currently or previously owned, within or outside the State, by the purchaser of the health care facility maintained quality assessment and assurance committees that met at least quarterly;

                2.    Inspection of care reports and corrective action plans of facilities currently or previously owned, within or outside the State, by the purchaser of the health care facility;

                3.    Licensing and certification surveys and corrective action plans of facilities currently or previously owned, within or outside the State, by the purchaser of the health care facility; and

                4.    Lawsuits or arbitration filings by any patient or patient representative against facilities currently or previously owned, within or outside the State, by the purchaser of the health care facility;

            (iii)    The Tax Identification Number of each purchaser; and

            (iv)    The personal Centers for Medicare and Medicaid Services Certification Number of each purchaser.

    (b)    The findings and recommendations required to be provided to the Office of Health Care Quality under subsection (a)(3) of this section shall include a summary of the findings and the basis for the recommendations.

    (c)    In addition to the duties set forth elsewhere in this Part II of this subtitle, the Governor shall direct, as necessary, a State officer or agency to cooperate in carrying out the functions of the Commission.

    (d)    This State recognizes the federal act and any amendment to the federal act that does not require State legislation to be effective. However, if the federal act is repealed or expires, this Part II of this subtitle remains in effect.



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