Section 2502K - Mandatory disclosure of information related to dementia care services(a) An assisted living facility that advertises, markets, or otherwise represents that the facility provides dementia care services must, in the form prescribed by the Department, disclose the following information in plain and easily understandable language: (1) A description of the facility's overall philosophy and mission which reflects the needs of residents affected by Alzheimer's disease or other dementias, how such philosophy and mission is reflected in the facility's recruitment of direct care staff, and a description of the facility's policy on the use of psychotropic medication.(2) Whether the facility maintains an accreditation or certification related to memory care services that has been approved by the Department.(3) If applicable, a list of accreditations or certifications related to memory care services, approved by the Department, that the facility maintains, including the date that the accreditation or certification was attained, the expiration date of the accreditation or certification, and the name of the independent accrediting organization providing the accreditation or certification.(4) A description of the facility's pre-admission process and admission process, including the following: a. A description of the facility's intended resident population, including the levels of care that the facility can provide, and the symptoms of Alzheimer's disease or other dementias that the facility is able to manage.b. The criteria for placement in, admission to, transfer to, and discharge from the facility's dementia care services, and, if applicable, the facility's secured memory care unit.c. The frequency and types of nutrition and hydration services provided for residents receiving dementia care services.d. A sample service agreement.e. A description of the facility's process for establishing and updating service agreements, including policies relating to resident assessment.(5) A description of the facility's staffing plan, and a description of the facility's training for dementia care services.(6) A description of the facility's processes for determining types and frequency of direct care for residents receiving dementia care services, including how the facility assesses different levels of care.(7) A description of the facility's procedures for securing and monitoring residents in its secured memory care unit, a description of the physical environment and design features of the facility in which dementia care services will be provided, and a description of the facility's procedures for responding to an unauthorized exit of a resident receiving dementia care services.(8) The frequency of and a description of the types of resident activities offered by the facility for residents receiving dementia care services, including the qualifications of the individual providing these services.(9) A description of the facility's policies for addressing the mental health, behavior management, and social functioning needs of residents receiving dementia care services, including changes in a resident's condition.(10) A description of the facility's procedures for responding to complaints.(11) A complete fee schedule for all services offered by the facility, including the cost of dementia care services, and any additional fees or fee schedules.(b) An assisted living facility that advertises, markets, or otherwise represents that the facility provides dementia care services shall provide a copy of the disclosure described in this section and a plain-language description of the rights provided under this chapter to all of the following:(1) Each resident or their authorized representative within 90 days of implementation of this Act and within 7 days of any change to the facility's policies that would necessitate a change to the information required to be disclosed in this section.(2) Each individual applying for dementia care services or their authorized representative prior to admission to the assisted living facility.(c) An assisted living facility that advertises, markets, or otherwise represents that the facility provides dementia care services must obtain signed confirmation by the resident, individual applying for dementia care services, or the individual's authorized representative that the resident, individual applying for dementia care services, or the individual's authorized representative has received a copy of the disclosure described in this section.(d) An assisted living facility that advertises, markets, or otherwise represents that the facility provides dementia care services must retain a record of all signed confirmations as long as the resident remains at the facility and for a period of 3 years after the resident no longer resides at the facility.(e) An assisted living facility that advertises, markets, or otherwise represents that the facility provides dementia care services must submit a copy of the disclosure described in this section to the Department within 90 days of the implementation of this Act and within 7 days of any change to the facility's policies that would necessitate a change to the information required to be disclosed in this section.(f) The Department shall promulgate rules and regulations to carry out the provisions of this section.(g) The Department may conduct investigations to ensure compliance with this section and the regulations adopted pursuant to it, in the manner allowed by § 1107(c) of Title 16.(h) If such investigation reveals material noncompliance or a pattern of noncompliance with this section, the Department shall provide findings and supporting evidence from a completed investigation to the Department of Justice for enforcement under Subchapter II of Chapter 25 of this title.Added by Laws 2023, ch. 328,s 1, eff. 8/1/2024.