Agenda Item 7
December 6, 2011
Introduction
MEMORANDUM
TO:
FROM:
County Council
~ichael
Faden, Senior Legislative Attorney
Introduction:
Bill 40-11, Group Homes - Developmentally Disabled Adults ­
Licensing
SUBJECT:
Bill 40-11, Group Homes Developmentally Disabled Adults - Licensing, sponsored by
the Council President at the request of the County Executive, is scheduled to be introduced on
December 6, 2011. A public hearing is tentatively scheduled for January 24, 2012 at 1:30 p.m.
Bill 40-11 would exempt certain group homes for developmentally disabled adults which
are licensed by the state from the County group horne licensing law.
This packet contains:
Bill 40-11
Legislative Request Report
Memo from County Executive
Fiscal Impact Statement
Circle
#
1
4
5
7
F:\LAW\BILLS\l140 Group Homes\Intro Memo.Doc
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Bill No.
40-11
Concerning: Group
Homes
Developmentally Disabled Adults
Revised: 12-1-11
Draft No.
~
Introduced:
December 6, 2011
Expires:
June 6, 2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
~N.:::.!on~e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe County Executive
AN ACT to:
(1)
(3)
revise the licensing requirements for certain group homes for developmentally
disabled adults; and
generally amend the law regarding regulation of group residential facilities.
By amending
Montgomery County Code
Chapter 23A, Group Homes
Section 23A-3
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act.'
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BILL
No. 40-11
1
2
Sec.
1.
Section 23A-3 is amended as follows:
23A-3.
Applicability of chapter.
3
4
5
This Chapter does not apply to a:
(a)
facility which holds a valid license for institutional care, such as a
nursing home, hospital, child or adult day care facility, or domiciliary
care home for 5 or more residents;
(b) foster or respite care home for children which is approved by the
County Department of Health and Human Services, the State
Department of Juvenile Services, or any licensed child placement
agency, in accordance with standards set by the appropriate State
agencIes;
(c) foster care or respite care home for adults for 3 or fewer elderly
persons or persons with disabilities, which is approved by the
Department of Health and Human Services;
(d) licensed residential or institutional facility whose total number of
residents at anyone time will exceed 16 or the number of persons
allowed under a license for the facility issued by a state agency,
whichever is less;
(e) group home which does not routinely provide more than 50 hours of
on-site supervision a week, but a home exempted under this
subsection may apply for a license and be licensed if it meets the
requirements of this Chapter; [or]
(f)
group home for developmentally disabled adults which is licensed
Qy
the state Department of Health and Mental Hygiene; or
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.(g)
group of persons, not related by blood or marriage, living together in a
dwelling unit as a family as defined in Chapter 59. Supportive care
services and treatment for individual residents or the group may be
provided by a person or agency that does not assume responsibility for
26
27
28
@)
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BILL No. 40-11
29
30
31
acquiring those services or treatments or for supervising, directing, or
controlling the residents.
Approved:
32
33
34
Valerie Ervin, President, County Council
Approved:
Date
35
36
37
38
Isiah Leggett, County Executive
This is a correct copy o/Council action.
Date
39
40
41
42
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 40-11
Group Homes
-
Developmentally Disabled Adults
-
Licensing
DESCRIPTION:
PROBLEM:
Would exempt certain group homes for the developmentally disabled
from county inspection and licensing requirements.
Group homes for developmentally disabled adults are currently·
licensed and extensively regulated both by the State Department of
Health and Mental Hygiene/Developmental Disabilities
Administration.
("DHMH/DDA")
and the County.
To eliminate duplication of effort and minimize expense for owners
of group homes serving the developmentally disabled population.
Department of Health and Human Services
See Fiscal and Economic Statement.
See Fiscal and Economic Impact Statement.
To be requested.
Montgomery County is the only jurisdiction in the state that requires
operators of group homes for developmentally disabled adults to
secure both a county and a state license.
Kathy Schoonover, Department of Health and Human Services
(DHHS), Division of Licensing and Regulatory Services;
John J. Kenney, DHHS, Aging and Disability Services;
Michael Donahue, Fire and Rescue Services.
N/A
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIP ALITIES:
PENALTIES:
N/A
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0654:13
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE. MARYLAND lOSSO
LA\-\
£,"j
Isiah Leggett
County Executive:
AM
"
MEMORANDUM
..
"""
November 2, 2011
TO:
FROM:
Valerie Ervin, Council President
lsiah
Leggett,
County
IlXecuti~""""---
'J.a..
..........
--l
J
-<
SUBJECf:
Licensure of Group Homes for the Developmentally Disabled-Bill to Exempt
I am attaching for the Council's consideration a biU that would exempt group
homes for the developmentally disabled
from
the general licensure requirements contained in
Chapter
23A
of the Montgomery County Code. Also attached are a Legislative Request Report
and a Fiscal and Economic Impact Statement for this bill.
Group homes for the developmentally disabled are subject
to
licensure and
inspection requirements by both the state and the county. No other local jurisdiction
in
the state
has
similar requirements. This bill would eliminate duplication in the licensure and inspection
process and,
as
a consequence, reduce costs to the providers who run these
group
homes.
Iftbis exemption is granted, these group homes will still be subject to the health
and safety standards established by the Office of Health Care Quality ("OHCQ") of the State
Department of Health and Mental Hygiene. OHCQ licenses these facilities and state inspectors
from OHCQ conduct unannounced site visits to review the safety of clients, compliance with
service plans, staffing adequacy, and overall quality of care provided to residents.
In addition, each resident ofa group home receiving
funds
from the
Developmental Disabilities Administration ("DDA') will still be assigned a resource coordinator
working through Aging and Disability Services
in
our Department ofHealtb
and
Human
Services. The coordinator is responsible for visiting the client, reviewing the
services
provided,
and monitOring the cleanliness of the home.
Fire inspections are an essential element of the safety plan and the Department of
Health and Human Services will require that these facilities continue to be
inspected
annually by
the County Fire Marshall.
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Valerle Ervin,
President
November
2.
2011
Page 2
I
have concluded that there is sufficient oversight of these homes by professional
staff from state and county agencies that
the
well-being of
residents
will not
be
compromised by
the removal of the county licensure requirement.
I look forward to working with the Council as it considers this legislation. For
questions about this bill, please contact Vma
S.
Ahluwalia, Director, Department of Health and
Human Services at 24()..777-1266.
IL:gh
Attachments
(3)
c: Vma S. Ahluwalia, Director, Department of Health and Human Services
Richard Bowers, Chief, Fire and Rescue Services
Kathleen Boucber, Assistant Chief Administrative Officer
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065414
OFFICE OF MANAGEMENT AND BUDGET
Isiah
Leggett
Jennifer A. Hughes
County Executive
MEMORANDUM
September
21,2011
Director
c·~
.
'.,
.
~,'
-
:":1
TO:
FROM:
SUBJECT:
Valerie Brvin, President, County Council
Jennifer A.
.--
-.:.'-'(""4-::
-nf1"";
E~'~"!
·:1
HUgh~Director
::0
=-,.~
Bill
to
Amend Chapter
23A,
Group Residential
Care
FaciJitles, exempting certain
group
homes for the developmentally disabled from county inspection
and
licensure
requirements
-::
',.;...1
The
purpose of
this
memorandum
is
to
transmit
a
fiscal and economic impact statement
to
the
Council on
the
subject
Bill.
LEGISLATION SUMMARY
Group homes for developmentally disabled adults are currently licensed and extensively
regulated both by
the
Maryland State Department ofHealth and Mental Hygiene. Developmental
Disabilities
and
Montgomery County. The goal of
this
legislation
is
to
eliminate
the
duplication of effort
and minimize expense for owners of group bomes serving the developmentally dIsabled population.
Bill XX-II
would:
L Revise
the
list offacilities
to
which Chapter
23A does
not apply;
2. Add
"group homes
for
developmentally disabled adults which
are
licensed by the Maryland
Department of Health and Mental Hygiene, Developmental Disabilities Administration" as
unregulated residential facilities;
and
3.
Generally amend
the
law regarding certain unregulated residential facilities.
nSCAL AND ECONQN.nCSUMMARY
This
Bill,
if
approved would result in a loss of revenue ofapproximately
$39,100
in the
Health Inspections: Living Facilities - Licenses revenue category
as
these services will no longer be
provided. There
are
782
Developmentally Disabled Adult (DDA) group home beds. The Department of
Health and Human Services (DHHS) collects
$50
per bed when the facility license is renewed annually;
Offite
of
tile
Director
101 Monroe Street, 14th
Floor'
Rockville. Maryland 20850 • 240..771-2S00
www.montgomerycountymd.gov
momgcHMrycountymd.gov/311
240-773-3556 TTY
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Valerle Ervin, President, County Council
September
21,
2011
Page
2
(782
x
50
=
$39,100). This Bill
wilt
result in the loss of $39,100 in revenue each year over the next six
years for
a
total revenue impact of
-$234.600
($39,100 x 6). DHHS estimates 608 hours are spent
annually on DDA group borne inspections by
six
environmental health specialists who conduct these
inspections
at
100 hours
per
inspector equating to approximately one-third of a workyear. These hours
will
be redirected to conducting mandated State
food
safety
inspections.
Breakout of Hours:
Number ofGroup Homes:
Assumptions:
Inspection time (including travel)
Annual inspections:
R,e.inspection rate
Reo-inspection time
Re-inspections:
217
2.5 hours
217 homes
x
2.5
:=
543
hours
20%
I.S
hours
217
x
20% '"
43 homes
x
1.5 hours:= 65 hours
Total
608
annual inspections
hours (543+65=608)
=
approximately
30%
of one work year
Montgomery County Fire and Rescue Services (MCFRS) will continue mandatory
safety
inspections on an annual basis with an assessed fee. The inspections will
be
included as a oontractual
obligation on
the
part of the provider as a condition ofreceiving county funding the following fiscal year.
Currently, MCFRS charges
$1
S4
($140
+
10%
tech fund) for inspection labor and
a
$S
5
pennit fee for
each group home for a
total
of$209 per year. MCFRS
will
waive the permit fee as
these
providers
depend almost entirely on funding through
grants
and assistance provided
by
the State and County;
the
!leW
fee will be
$154
per year for each group home. Based
on
the current annual inspection demand of
217
DDA group homes,
MCFRS
will
incur a
revenue loss
01$11,935
in each of the next six years. The
to1a1
revenue impact over the
six
years
Is a loss
of$71,6JO.
This Bill has no meaningful impact on employment, personal income, investment, or
other economic variables to the Montgomery County economy
Il$
a whole. The Bill results in fewer
inspections and fees collected, but on a per-provider basis these changes are insignificant.
The follOWing contributed to and concurred
with
this analysis: Clark Boil, Senior
Administrator and Kathy Schoonover,
Nurse
Administrator, Licensure and Regulatory Services, Department
of Health and Human Services, Michael Donahue, Assistant Chief, Montgomery County Fire and Res¢ue
Services, Mike Coveyoll, Department ofFinance, and Trudy-Ann Durace, Office of Management and Budget
lAH:tad
c: Kathleen Boucher, Assistant Chief Administrative OffJCel'
Lisa Austin, Offices of the County Executive
Urna
S.
Ahluwalia, Director, Department of Health and Human Services
Beryl
L.
Feinberg,
Budget
Manager.
Office of
Management and Budget
John Cuff, Office of Management and Budget
Amy
Wilson,
Office
of
Management and Budget
Trudy-Ann Durace, Office of Management and Budget