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Living In A Nursing Home

Health-Gen. § 19-344 — admission without a second signature, and private communication

In Maryland, the rights of a nursing home resident are written into a section that sets the procedures for every service a facility provides.

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No second signature as a condition of admission. A facility may not require or solicit another person's signature on the admission application or contract as a condition of admission, unless the applicant has been adjudicated disabled or the applicant's physician records that the applicant cannot understand or exercise their rights. A facility may ask for a durable power of attorney, but may not require one as a condition of admission.

Private communication. A resident may associate and communicate privately and without restriction with people of their choice at any reasonable hour, has access at any reasonable time to a telephone to speak privately, and has their mail sent without delay and unopened.

Treatment and grievances. A resident participates in planning their treatment, may refuse medication or treatment, and may know the medical consequences. A resident may present any grievance to the staff, the administrator, the Department of Aging or anyone else without fear of reprisal, and a complaint may be filed with the Department of Aging or the Department, after which the Secretary of Aging investigates and reports the findings.

The assumptionWhat the law actually does
The assumptionA family member has to co-sign the admission papersWhat the law actually doesNot as a condition of admission, outside the cases the section lists
The assumptionThe home can make a power of attorney a condition of entryWhat the law actually doesIt may ask for one, but may not require it
The assumptionStaff decide who a resident talks toWhat the law actually doesPrivate communication with people of the resident's choice at any reasonable hour

Facilities taking Medicare or Medicaid funding are subject to a further set of federal resident rights alongside these, which are not on this page. Whether conduct breaches the section is a question for a licensed Maryland attorney.

Sources for this section (1)
  1. Md. Code, Health-Gen. § 19-344 — Nursing home residents: admission, communication, treatment and grievances

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.

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