§ 7-1101. Providing services unlawfully

MD Health-Gen Code § 7-1101 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    (1)    Unless licensed by the Administration under this title, a person may not provide the following services to an individual with developmental disability or to a recipient of individual support services, as defined in § 7-901 of this title:

(i)    Day habilitation services;

(ii)    Residential services;

(iii)    Services coordination;

(iv)    Vocational services;

(v)    More than 1 family support service, as defined in § 7-701 of this title;

(vi)    More than 1 individual support service; and

(vii)    More than 1 community supported living arrangements service, as defined in § 7-709 of this title.

(2)    The Administration, the Administration’s designee, or an agency that receives public funds may not place an individual in a residential group home or other facility that is not operating in compliance with applicable State licensing laws.

(b)    A person who provides services in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.

(c)    An employee, officer, or director of a provider of services under this title or any other person who knowingly participates in a violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, or imprisonment not exceeding 1 year, or both.

(d)    In addition to any other penalties specified in this section, an individual who is admitted or held against the individual’s will by a person who is providing services without a license may recover civil damages from that person and from any other person who knowingly participates in the admission or detention.