Agenda Item 9
January 24, 2012
Public Hearing
MEMORANDUM
TO:
FROM:
County Council
~
Michael Faden, Senior Legislative Attorney
Public Hearing:
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, was introduced on December
6,
2011. A Health and Human Services Committee worksession is tentatively scheduled for
February 9 at 2:00 p.m.
Bill 40-11 would exempt certain group homes for developmentally disabled adults which
are licensed by the state from the County group home 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\1140 Group Homes\PH Memo.Doc
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Bill No.
40-11
Concerning: Group
Homes
Developmentally Disabled Adults
Revised: 12-1-11
Draft No.
....6
Introduced:
December 6,2011
Expires:
June 6, 2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
--'N'-.!:o~n.!.!:e:.__
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the 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.
Deletedfrom 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
Sec.
1.
Section 23A-3 is amended as follows:
23A-3.
Applicability of chapter.
2
3
4
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)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
group home for developmentally disabled adults which is licensed
Qy
the state Department of Health and Mental Hygiene; or
24
25
(g)
group of persons, not related by blood or marriage, living together in a
26
27
28
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
@)
F:\LAW\BILLS\1l40 Group Homes\1l40 BilI.Doc
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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 ofCouncil action.
Date
39
40
41
42
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 40-11
Group Homes
DESCRIPTION:
PROBLEM:
Developmentally Disabled Adults
-
Licensing
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.
("DHMHlDDA")
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
MUNICIPALITIES:
PENALTIES:
N/A
f:\law\bills\1140 group homes\lrr.doc
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065413
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILL'Il.
MARYLAND
lI)8~O
Isiah Leggett
County Executive
p,tJ\
".'-;'
MEMORANDUM
November 2, 2011
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TO:
FROM:
SUBJECT:
Valerie
Ervin.
Council President
Isiah
Leggett,
County
/)~
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BxecutiV~-r----
Licensure of Group Homes for the Developmentally Disabled-Bill to Exempt
I am attaching for the Council's consideration a bill that would exempt group
homes for the developmentally disabled from the generailicensure requirements contained
in
Chapter 23A of the Montgomery County Code. Also attached are a Legislative Request Report
and a Fiscal and Economic bnpact 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.
Ifthis exemption is granted, these group homes will still be subject to the health
and safety standards established by the Office ofHealth 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 ofcare provided to residents.
In addition, each resident of a 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 ofHealth 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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Valerie 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 Uma S. Ahluwalia, Director, Department ofHealth and
Human Services at
240-777-1266.
IL:gh
Attachments (3)
c: Uma S. Ahluwalia, Director, Deparbnent of Health and Human Services
Richard Bowers, Chief, Fire and Rescue Services
Kathleen Boucher, Assistant Chief Administrative Officer
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065414
OFFICE OF MANAGEMENT AND BUDGET
Isiah
Leggett
County Executive
Jennifer
A.
Hughes
MEMORANDUM
September 21,2011
C'~ .~~--:
Director
..
-
...
TO:
FROM:
SUBJECT:
Valerie Ervin. President, County Council
Jennifer A. HugbiJ;, Director
'
..
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to Amend
Chapter 23A. Group
Residential
Care
Facnities. exempting
certain
grdU'p
homes for the developmentally disabled from county inspection
and
licensure
requirements
-(
--t
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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 eurrently licensed and extonsively
regulated both by the Maryland
State
Department of Health and Mental Hygiene, Developmental
Disabilities and Montgomety County. The
goal
ofthis legislation is to eliminate the duplication of effort
and minimize expense for owners of group bomes serving the developmentally disabled population.
Bill XX-It would:
1.
Revise the list of facilities
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 regard ing certain unregulated residential facilities.
nSCALANDECONQN.DCSUMMARY
This Bill, ifapproved 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;
Office of
!:be
Director
101 Monroe Street, 14th Floor • Rockville, Maryland 20850 • 240-777-2800
www.montgomerycollntymd.gov
montgolnaryt:ountymd.gov/311
240-0773-3556
nv
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Valene Ervin, President, County Council
September
21, 20 II
Page 2
(782
x
50 .,. $39,100).
This
Bill
will result in
the
loss
of$39,loo
in revenue each year over the
next six
years
for
a
total revenue impaetof
-$234.600 ($39,100
x
6).
DHHS estimates
608
hours are spent
annually
Ort
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:
Assumpti2ns:
Inspection
time
(including travel)
Annual
inspections:
Re-inspection
rate
Re-inspection time
Re-inspections:
217
2.5
hours
217
homes
x
2.5::: 543
hours
20%
1.S
bours
217
x
20%
z:
43
homes
x
1.5
hours
== 65
hours
Tota1608
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
contractual
.obligation on the part of the provider
as a
condition of receiving
county
funding the following
fiscal
year.
Currently. MCFRS charges
$154
($140
+
10010
tech
fund)
for inspection labor and
a
$55
pennit fee for
each
group home for a total of
$209
per year. MCFRS
will
waive the
pennit
fee as
these
providers
depend almost entirely on funding through
grants
and assistance provided
by
the
State
and County;
the
new fee
will
be
$154
per year for each group home. Based
00
the current annual inspection demand of
217
DDA group homes,
MCFRS
will
incur
a revenue loss ofS1l,935 in
each
of the next
six
years. The
total
revenue impact over the
six
yean; is
a
Joss of
$71 ,61 O.
This Bill has no meaningful impact on employment, personal income. investment, or
other economic variables to the Montgomery County economy as 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
ReB,
Senior
Administrator and Kathy Schoonover, Nurse Administrator, Licensure and Regulatory Services, Department
of Health and Human Services. MichaeJ Donahue, Assistant Chief, Montgomery County Fire and Res¢ue
Services, Mike Coveyou, Department of Finance, and Trudy-Ann Durace, Office of Management and Budget
lAH:tad
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Uma S. Ahluwalia. Director, Department of Health and Human Services
Beryl L. Feinberg. Budget Manager, Office of Management and Budget
John Cuff, Office ofManagement and Budget
Amy
Wilson, Office of Management and Budget
Trudy-Ann Durace, Office of Management and Budget