Assisted Living Facilities: Finding Legal Help For Residents of Assisted Living Facilities in Maryland

The following resources provide specialized legal help for residents of Maryland's assisted living facilities. Family members or friends may also call on behalf of a resident with a legal problem. The "More Legal Help" section (to the right) links you to other related legal resources and programs. 

Other States  -  National Clearing House

Specialized Free Legal Help is available for residents and their families from the Legal Aid Bureau's Nursing Home and Assisted Living Project, and the Senior Legal Helpline can offer advice.

When a Resident Has a Complaint - If you are a resident or a concerned family member or friend, you have a number of options if you wish to make a complaint about your assisted living facility (ALF).

• Complain first to facility manager - Review your contract/resident agreement for the section on grievance policy. It sets out the rules that your facility follows. No matter what the facility rules are, the manager must reply “promptly” to your complaint. Here is what the law says: COMAR 10.07.14.26(13) You do not need to wait until the manager responds before calling someone else.
• Call the local ombudsman if you believe that you have been mistreated or abused (physically or emotionally), your care has been neglected, your money has been mismanaged, or you have any concerns that your residents’ rights have been violated or there are health/safety problems at your residence.

• An Ombudsman is an advocate for residents of nursing homes, board and care homes, and assisted living facilities. Ombudsmen provide information about how to find a facility and what to do to get quality care. They are trained to resolve problems. If you want, the ombudsman can assist you with complaints. However, unless you give the ombudsman permission to share your concerns, these matters are kept confidential. The statewide program is composed of a number of  regional or local ombudsman programs. These operate within an Area Agency on Aging or other community organization.
• State Ombudsman - Patricia Bayliss, State LTC Ombudsman
  Maryland Department on Aging
  301 W. Preston Street, Room 1007
  Baltimore, MD 21201
  Tel: (410)767-1100 Fax: (410) 333-7943
• Local Ombudsman Contact List  - Visit the Website

• For concerns about abuse or neglect, you can also call adult protective services. In addition to local numbers, there is a statewide number 1-800-91-PREVENT(1-800-917-7383) to report abuse. This is a state program operated through local Departments of Social Services. An investigator has the authority to take action to remove a vulnerable adult from his/her living situation or to take action to have a court-appointed guardian for the person. They also act as the “guardian of last resort for vulnerable persons age 18 to 65”.
   
  • State of Maryland, Department of Human Resources, Community Services Administration, Office of Adult Services
    311 West Saratoga Street
    Baltimore, Maryland 21201 Phone: 410.767.7384 Fax: 410.333.0256
  • Mandatory Reporting NOTE: Maryland law requires law enforcement agents, human service professionals, and health care practitioners to report all cases of suspected adult abuse, including neglect, self-neglect, and financial exploitation immediately. (Title 14, Adult Protective Services. Md. Code Ann., Fam. Law §§ 14-101 to –404)
  • APS Brochure with reporting requirements (pdf)
     
• Protection and Advocacy for Persons with Disabilities - This is the Maryland nonprofit that is part of national network of agencies that work to protect the rights of persons with disabilities.

• How to contact the Maryland Disability Law Center for legal help and
• The general types of legal cases that MDLC will handle

• For problems with the physical building, health/safety conditions at the home, and other conditions related to licensing, refer to Office of Health Care Quality (OHCQ) or toll free # 1-877-402-8218 for problems that relate. The OHCQ website has a downloadable complaint form. Refer to PLL page for easy link. OHCQ will investigate and report back. <AH note Need to include information here about, time frame, what to expect, etc.>

• Making a complaint about a doctor - Call the Board of Physician Quality Assurance at 410-764-4777 or 800 492-6836 to report any problems with a physician. The website has a downloadable complaint form.

Looking for elder care resources in another state? – An on-line database of contacts and information in every state (Administration on Aging) or call 800-677-1116  (weekdays 9:00 a.m. to 8:00 p.m.)

National clearinghouse for long term care information - Useful information from the Administration on Aging.

Advocacy Group - In Maryland, there is a citizens advocacy group that works on long-term care issues.  Citizens advocacy groups usually include family members of people living in long-term care facilities. They cannot provide individual legal help and the groups usually focus on reform of systems and support of the family members.

Voices for Quality Care (LTC)
Contact: Kate Ricks  P. O. Box 2251, Leonardtown, MD 20650
Phone: (888) 600-2375

You may also want to consider hiring a private attorney.  Your case may not be eligible for free legal help or you may wish to explore the issue in more detail than the free help can provide. This websites section on how to find legal help includes all of the resources noted above as well as information on reduced fee panels, lawyer referral and other private attorney resources.  If the resident is older, consider an elder law attorney.