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SB 751

Consumer protection: other; citations to the motor vehicle sales finance act in the guaranteed asset protection waiver act; revise. Amends sec. 3 of 2009 PA 229 (MCL 492.23). TIE BAR WITH: SB 0739'25

2025-2026 Regular Session Introduced by Rosemary Bayer and 1 co-sponsor

Formalizes family councils in 15+ bed assisted living programs to boost resident rights and family engagement, with required records, 14-day responses, and public/private files.

PLACED ON ORDER OF THIRD READING
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Bill Summary · SB 751

SB 751 — Health Facilities: Assisted Living Programs — Family Councils

Status: Hearing scheduled Mar 4 at 1:00 p.m. (Finance)
Introduced: (Md.) Jan 27 / Feb 21, 2025 (metadata variations)
Primary sponsor: Senator Henson

Purpose / Intent

To formalize and support “family councils” in assisted living programs (ALPs) with the goal of improving resident rights, family engagement, and transparency. The bill establishes minimum procedures for creation, communication, recordkeeping, and access related to family councils.

Key provisions

  • Scope: Applies only to assisted living programs with at least 15 beds.
  • Definition: A “family council” is a group that works to protect residents’ rights and improve quality of life.
  • Membership: May consist of members of a resident’s family or a person appointed by the resident or the resident’s family.
  • Creation and leadership:
    • A family council may be created by the ALP owner, operator, or staff.
    • To facilitate start-up, the owner/operator/staff may lead the council for up to 6 months; after that period the council must be led by a council member.
  • ALP assistance: On written request, the ALP may assist the family council with administrative functions, in a mutually agreed-upon way.
  • Required written information for new/prospective residents: ALPs must provide written details about the family council including:
    • Name, address, and phone number of a current family council member;
    • A brief description of the council’s purpose and function;
    • Instructions for reviewing the council’s public files;
    • Name, address, and phone number of the State or local ombudsman.
  • Timely response requirement: ALPs must respond in writing to any written grievance or other written communication from the family council within 14 calendar days.
  • Recordkeeping — correspondence files:
    • ALPs must create and maintain two files for communications with a family council:
    • A regulatory correspondence file (unedited records);
    • A public correspondence file (records with identifying resident information redacted).
    • The public file must be available for review by residents, prospective residents, or their representatives during normal business hours (and at other times if the ALP agrees).
    • ALPs must promptly comply with licensing authorities’ requests to review either file.
  • Effective date: The bill specifies an effective date of October 1, 2025.

Who is affected

  • Assisted living program owners, operators, and staff of facilities with 15+ beds (new administrative, recordkeeping, and response obligations).
  • Residents and families (enhanced access to information, formalized communication channel).
  • State/local licensing authorities and ombudsman offices (access to records and formal complaint responses).

Fiscal and operational impact

  • Fiscal note (Maryland Department of Legislative Services): Changes are largely procedural and are not expected to directly affect state or local government finances. Small business effects are minimal.
  • Operational impact: ALPs will incur modest administrative burden (maintaining files, redaction for public files, timely written responses, and providing written materials to new/prospective residents). Benefits may include improved transparency, family involvement, and clearer grievance handling.

Practical implications / considerations

  • Strengthens family participation and oversight in ALP settings.
  • Creates binding timelines and recordkeeping practices that could improve documentation of concerns and ALP responses.
  • Requires ALPs to balance privacy (redactions) with transparency (public file availability).
  • Enforcement mechanism relies on licensing authority access and existing regulatory frameworks; the bill does not create new penalties beyond existing licensing remedies.

If you’d like, I can:
- Draft a brief memo outlining implementation steps ALPs should take to comply (templates for notices, file structures, sample 14-day response language), or
- Compare this bill to existing nursing-home family council requirements for differences and alignment.

Compiled from official sources — confirm details with the bill’s official record.

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