Assisted Living Facilities: Finding the Laws

• Find out more understanding the basics of finding the law.
• Find out more about some of the agencies that have an impact on ALFs in Maryland
• Understanding how Maryland laws are made

In addition, there are federal and local laws and regulations on some issues. There are also local ordinances that an assisted living facility operator must follow. These are usually in the areas of zoning and land use regulations, and fire and building regulations. The application packet from the Office of Health Care Quality offers a good summary of local contacts and zoning approval requirements (pdf). It is your responsibility to make sure that you have the correct local information.

Understanding the COMAR Numbers - Throughout the model polices and procedures on this website you will find “citations” to the law or regulations. Here is a sample citation to the regulations:

COMAR 10.07.14.26
The Maryland State agency regulations are compiled in the Code of Maryland Regulations (COMAR). COMAR contains 33 Titles. The regulations published by the Department of Health and Mental Hygiene are in Title 10 of COMAR. Each regulation has a unique number.

A Quick Guide to Finding ALF Regulations in COMAR

Finding Legislative and Regulatory Summaries and Updates on ALF issues - Several long-term care membership groups track Maryland legislation each year when the General Assembly meets from January to early April. They offer summaries of the changes in the statutes that will have an impact on assisted living facilities. Other organizations in Maryland follow changes in the regulations (issued by Maryland administrative agencies like the Department of Health and Mental Hygiene).

• The Maryland Office of Health Care Quality compiles yearly summaries of ALF legislation – 2006 summary, 2005 summary.
  • Check the website for more recent information. Look at the bottom of the page on the left for links to current draft regulations. The public is invited to comment on proposed regulations. If it will affect your operation, submit a comment.
  • Also see a description of regulations that OHCQ is in the process of writing.
• Mid-Atlantic LifeSpan compiles an Update Report on Recent Maryland Legislation - This is a professional membership group that monitors changes in the law that affect assisted living facilities. More on this organization.
• Health Facilities Association of Maryland (HFAM), a voluntary trade association, also summarizes changes that will be of interest to small ALF operators. More on this organization.  The HFAM Regulation/Legislation web page includes:
  • a listing of recent proposed and final regulations;
  • reports that summarize the recent changes in the law from the General Assembly;
  • comments that HFAM has made on certain proposed regulations, and
  • an archives section.
• American Health Care Association - The American Health Care Association (AHCA) is a non-profit federation of affiliated state health organizations. In Maryland, the state health organization affiliate is Health Facilities Association of Maryland (HFAM). While this organization is not a membership organization for individual providers, their website is useful if you want to track what is happening nationally on long-term care issues. Some of these topics will be important for assisted living facilities.
  • National news and information
  • Research and data on national trends in various areas (some limited to members)
  • Legislative Issue Briefs – reports about trends and changes in national legislation on long-term care.
• Background Materials  – The American Association of Homes and Services for the Aging, a national nonprofit membership association, also has some useful materials. In addition to member-only information, there are some reports, data, materials on programs, services and payment issues. The state activities section is not currently active.