COMAR 10.07.14.06. Restrictions

A. Restricted Nomenclature. An assisted living program licensed under this chapter may not use in its title or advertising the words “hospital”, “sanitarium”, “nursing”, “convalescent”, “rehabilitative”, “sub-acute”, or “hospice”.

B. Advertising an Assisted Living Program.

(1) Prohibited Terms. A person operating an assisted living program may not use the term “assisted living” in its advertising without being licensed as an assisted living program by the Department.

(2) Misleading or False Advertising.

(a) A person may not advertise, represent, or imply to the public that an assisted living program is authorized to provide a service that the program is not licensed, certified, or otherwise authorized by the Department to provide when the license, certificate, or authorization is required under this chapter.

(b) A person may not advertise an assisted living program in a misleading or fraudulent manner.

(c) The Department shall report misleading or false advertising to the Office of the Attorney General, Division of Consumer Protection.

C. Drop-In or Day Services.

(1) An assisted living program may not provide day, partial, or hourly adult day care services without appropriate adult medical day care licensure.

(2) An individual who has applied for admission or who has been admitted to the assisted living program may, for a reasonable period of time not to exceed 30 calendar days, transition to the program in increments of partial days before becoming a resident.

(3) All regulations of this chapter apply to services and care provided during this transition period.

priate adult medical day care licensure.

(2) An individual who has applied for admission or who has been admitted to the assisted living program may, for a reasonable period of time not to exceed 30 calendar days, transition to the program in increments of partial days before becoming a resident.

(3) All regulations of this chapter apply to services and care provided during this transition period.

(4) An individual who has applied for admission or who has been admitted to the licensee who is transitioning to the assisted living program is counted as a resident.

D. Dual Licensure. An assisted living program dually licensed as an adult medical day care program or any other licensed program shall meet all requirements for both programs.

E. A person who falsifies or alters an assisted living license shall be subject to referral for criminal prosecution and imposition of civil fines.

F. Disclosure of Ownership. An assisted living owner shall disclose any ownership of an adult medical day care center to an assisted living resident prior to referring the resident to the center.

Cross References 10.07.14.58A(3)