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*sb0293*
SENATE BILL 293
J3, J2 6lr1965
CF HB 442
By: Senator Jackson
Introduced and read first time: January 21, 2026
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 12, 2026
CHAPTER ______
AN ACT concerning 1
Professional Liability Insurance Coverage – Nursing Homes, Assisted Living 2
Facilities, and Nurse Midwives, and Licensed Certified Midwives – Disclosure 3
(Nyeli Rose Lewis Act of 2026) 4
FOR the purpose of requiring nursing homes, assisted living programs, and nurse 5
midwives, and licensed certified midwives to notify certain individuals at certain 6
times if the nursing home, assisted living program, or nurse midwife , or licensed 7
certified midwife either does not maintain professional liability insurance or 8
professional liability insurance coverage has lapsed and has not been renewed; and 9
generally relating to professional liability insurance disclosures. 10
BY repealing and reenacting, without amendments, 11
Article – Health – General 12
Section 19–1401(a) and (e) and 19–1801 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
BY adding to 16
Article – Health – General 17
Section 19–1417 and 19–1808.1 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Health – General 22
2 SENATE BILL 293
Section 19–1417 1
Annotated Code of Maryland 2
(2023 Replacement Volume and 2025 Supplement) 3
BY adding to 4
Article – Health Occupations 5
Section 8–604 and 8–6D–15 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2025 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Health Occupations 10
Section 8–6D–15 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Health – General 16
19–1401. 17
(a) In this subtitle the following words have the meanings indicated. 18
(e) (1) “Nursing home” means a facility that offers nonacute inpatient care to 19
patients suffering from a disease, chronic illness, condition, disability of advanced age, or 20
terminal disease requiring maximal nursing care without continuous hospital services and 21
who require medical services and nursing services rendered by or under the supervision of 22
a licensed nurse together with convalescent, restorative, or rehabilitative services. 23
(2) “Nursing home” does not mean a facility offering domiciliary care or 24
personal care as those terms are defined in § 19–301 of this title. 25
19–1417. 26
(A) EACH NURSING HOME IN THE STATE SHALL NOTIFY EA CH RESIDENT 27
AND PROSPECTIVE RESI DENT IN WRITING OR B Y WRITTEN ELECTRONIC 28
COMMUNICATION IF: 29
(1) THE NURSING HOME DOES NOT MAINTAIN PROFESS IONAL 30
LIABILITY INSURANCE COVERAGE; OR 31
(2) THE NURSING HOME ’S PROFESSIONAL LIABI LITY INSURANCE 32
COVERAGE HAS LAPSED FOR ANY PERIOD OF TIME AND HAS NOT BEEN RENEWED. 33
SENATE BILL 293 3
(B) THE NOTIFICATION UNDE R SUBSECTION (A) OF THIS SECTION SHAL L 1
BE: 2
(1) (I) PROVIDED TO A PROSPECTIVE RESIDENT: 3
1. AT THE FIRST VISIT BY THE PROSPECTIVE RESIDENT 4
DURING ANY PERIOD DU RING WHICH THE NURSI NG HOME DOES NOT MAI NTAIN 5
PROFESSIONAL LIABILITY COVERAGE; AND 6
2. IF THE NURSING HOME D OES NOT MAINTAIN 7
PROFESSIONAL LIABILITY INSURANCE AT THE TIME THE PROSPECTIVE RESIDENT 8
APPLIES FOR ADMISSION, AT THE TIME OF APPLICATION; AND 9
(II) IF THE PROFESSIONAL L IABILITY INSURANCE L APSES, 10
PROVIDED TO EACH RES IDENT WITHIN 30 DAYS AFTER THE DATE THE COVERAGE 11
LAPSED; 12
(2) SIGNED BY: 13
(I) THE PROSPECTIVE RESID ENT AT THE TIME OF 14
APPLICATION FOR ADMISSION; OR 15
(II) THE RESIDENT AT THE T IME THE NOTIFICATION OF THE 16
LAPSE IN COVERAGE IS PROVIDED UNDER ITEM (1)(II) OF THIS SUBSECTION; AND 17
(3) RETAINED BY THE NURSI NG HOME AS PART OF T HE NURSING 18
HOME’S RECORDS. 19
(C) EACH NURSING HOME OPE RATING IN THE STATE THAT DOES NOT 20
MAINTAIN PROFESSIONA L LIABILITY INSURANC E COVERAGE SHALL POS T IN A 21
CONSPICUOUS PLACE VI SIBLE TO RESIDENTS A ND GUESTS THAT THE N URSING 22
HOME DOES NOT MAINTAIN PROFESSIONAL LIABILITY COVERAGE. 23
[19–1417.] 19–1418. 24
This subtitle may be cited as the “Maryland Nursing Home Quality Assurance Act”. 25
19–1801. 26
In this subtitle: 27
(1) “Assisted living program” means a residential or facility –based 28
program that provides housing and supportive services, superv ision, personalized 29
assistance, health –related services, or a combination thereof that meets the needs of 30
4 SENATE BILL 293
individuals who are unable to perform or who need assistance in performing the activities 1
of daily living or instrumental activities of daily living i n a way that promotes optimum 2
dignity and independence for the individuals. 3
(2) “Assisted living program” does not include: 4
(i) A nursing home, as defined under § 19–1401 of this title; 5
(ii) A State facility, as defined under § 10–101 of this article; 6
(iii) A program licensed by the Department under Title 7 or Title 10 7
of this article; 8
(iv) A hospice care program regulated by the Department under 9
Subtitle 9 of this title; 10
(v) Services provided by family members; 11
(vi) Services provided in an individual’s own home; or 12
(vii) A program certified by the Department of Human Services under 13
Title 6, Subtitle 5, Part II of the Human Services Article as a certified Adult Residential 14
Environment Program. 15
19–1808.1. 16
(A) EACH ASSISTE D LIVING PROGRAM IN THE STATE SHALL NOTIFY A 17
RESIDENT OR PROSPECT IVE RESIDENT IN WRIT ING OR BY WRITTEN EL ECTRONIC 18
COMMUNICATION IF: 19
(1) THE ASSISTED LIVING P ROGRAM DOES NOT MAIN TAIN 20
PROFESSIONAL LIABILITY INSURANCE COVERAGE; OR 21
(2) THE ASSISTED LIVIN G PROGRAM ’S PROFESSIONAL LIABI LITY 22
INSURANCE COVERAGE HAS LAPSED FOR ANY PERIOD OF TIME AND HAS NOT BEEN 23
RENEWED. 24
(B) THE NOTIFICATION UNDE R SUBSECTION (A) OF THIS SECTION SHAL L 25
BE: 26
(1) (I) PROVIDED TO A PROSPECTIVE RESIDENT: 27
1. AT THE FIRST VISIT BY THE PROSPECTIVE RESIDENT 28
DURING ANY PERIOD IN WHICH AN ASSISTED LIVING PROGRAM DOES NOT MAINTAIN 29
PROFESSIONAL LIABILITY INSURANCE; AND 30
SENATE BILL 293 5
2. IF THE ASSISTED LIVIN G PROGRAM DOES NOT 1
MAINTAIN PROFESSIONAL LIABILITY INSURANC E AT THE TIME THE PR OSPECTIVE 2
RESIDENT APPLIES FOR ADMISSION, AT THE TIME OF APPLICATION; AND 3
(II) IF THE PROFESSIONAL L IABILITY COVERAGE LA PSES, 4
PROVIDED TO EACH RES IDENT WITHIN 30 DAYS AFTER THE DATE THE COVERAGE 5
LAPSED; 6
(2) SIGNED BY: 7
(I) THE PROSPECTIVE RESID ENT AT THE TIME OF 8
APPLICATION FOR ADMISSION; OR 9
(II) THE RESIDENT AT THE T IME THE NOTIFICATION OF THE 10
LAPSE IN COVERAGE IS PROVIDED UNDER ITEM (1)(II) OF THIS SUBSECTION; AND 11
(3) RETAINED BY THE ASSIS TED LIVING PROGRAM A S PART OF THE 12
ASSISTED LIVING PROGRAM’S RECORDS. 13
(C) EACH FACILITY–BASED ASSISTED LIVING PROGRAM IN THE STATE THAT 14
DOES NOT MAINTAIN PROFESSIONAL LIABILITY INSURANCE COVERAGE SHALL POST 15
A NOTIFICATION IN A CONSPICUOUS PLACE VI SIBLE TO RESIDENTS A ND GUESTS 16
THAT THE ASSISTED LI VING PROGRAM DOE S NOT MAINTAIN PROFE SSIONAL 17
LIABILITY INSURANCE. 18
Article – Health Occupations 19
8–604. 20
(A) EACH NURSE MIDWIFE PRACTICING AS A NURSE MIDWIFE IN THE STATE 21
SHALL NOTIFY A PATIE NT IN WRITING OR BY WRITTEN ELECTRONIC 22
COMMUNICATION IF: 23
(1) THE NURSE MIDWIFE DOES NOT MAINTAIN PR OFESSIONAL 24
LIABILITY INSURANCE COVERAGE; OR 25
(2) THE NURSE MIDWIFE ’S PROFESSIONAL LIABI LITY INSURANCE 26
COVERAGE HAS LAPSED FOR ANY PERIOD OF TIME AND HAS NOT BEEN RENEWED. 27
(B) THE WRITTEN NOTIFICAT ION PROVIDED TO THE PATIENT UNDER 28
SUBSECTION (A) OF THIS SECTION SHALL BE: 29
(1) PROVIDED: 30
6 SENATE BILL 293
(I) AT THE FIRST VISIT BY THE PATIENT DURING T HE PERIOD 1
IN WHICH THE NURSE M IDWIFE DOES NOT MAIN TAIN PROFESSIONAL LI ABILITY 2
INSURANCE, UNLESS THE VISIT IS FOR THE PURPOSE OF R ECEIVING INCIDENTAL 3
MEDICAL CARE THAT WILL BE RENDERED FREE OF CHARGE; AND 4
(II) AS PART OF EACH INFORMED CONSENT OBTAINED BEFORE 5
ANY PROCEDURE DISCUSSED OR OFFERED FOR T HE PATIENT’S CONSIDERATION IS 6
PERFORMED; 7
(2) SIGNED BY THE PATIENT AT THE TIME OF THE PATIENT’S VISIT OR 8
AT THE TIME THE INFORMED CONSENT IS SIGNED; AND 9
(3) RETAINED BY THE NURSE MIDWIFE AS PART OF T HE NURSE 10
MIDWIFE’S PATIENT RECORDS. 11
(C) EACH NURSE MIDWIFE PRACTICING AS A NURSE MIDWIFE IN THE STATE 12
WHO DOES NOT MAINTAIN PROFESSIONAL LIABILITY INSURANCE COVERAGE SHALL 13
POST THIS INFORMATION IN A CONSPICUOUS L OCATION IN THE NURSE MIDWIFE’S 14
PLACE OF PRACTICE. 15
8–6D–15. 16
(A) EACH LICENSED CERTIFI ED MIDWIFE PRACTICIN G AS A LICENSED 17
CERTIFIED MIDWIFE IN THE STATE SHALL NOTIFY A PATIENT IN WRITING O R B Y 18
WRITTEN ELECTRONIC COMMUNICATION IF: 19
(1) THE LICENSED CERTIFIE D MIDWIFE DOES NOT M AINTAIN 20
PROFESSIONAL LIABILITY INSURANCE COVERAGE; OR 21
(2) THE LICENSED CERTIFIE D MIDWIFE’S PROFESSIONAL LIABI LITY 22
INSURANCE COVERAGE HAS LAPSED FOR ANY PERIOD OF TIME AND HAS NOT BEEN 23
RENEWED. 24
(B) THE WRITTEN NOTIFICAT ION PROVIDED TO THE PATIENT UNDER 25
SUBSECTION (A) OF THIS SECTION SHALL BE: 26
(1) PROVIDED: 27
(I) AT THE FIRST VISIT BY THE PATIENT DURING T HE PERIOD 28
IN WHICH THE LICENSED CERTIFIED MIDWIFE DOES NOT MAINTAIN PROFESSIONAL 29
LIABILITY INSURANCE , UNLESS THE VISIT IS FOR THE PURPOSE OF R ECEIVING 30
INCIDENTAL MEDICAL CARE THAT WILL BE RENDERED FREE OF CHARGE; AND 31
SENATE BILL 293 7
(II) AS PART OF EACH INFORMED CONSENT OBTAINED BEFORE 1
ANY PROCEDURE DISCUSSED OR OFFERED FOR T HE PATIENT’S CONSIDERATION IS 2
PERFORMED; 3
(2) SIGNED BY THE PATIENT AT THE TIME OF THE PATIENT’S VISIT OR 4
AT THE TIME THE INFORMED CONSENT IS SIGNED; AND 5
(3) RETAINED BY THE LICEN SED CERTIFIED MIDWIF E AS PART OF 6
THE LICENSED CERTIFIED MIDWIFE’S PATIENT RECORDS. 7
(C) EACH LICENSED CERTIFI ED MIDWIFE PRACTICIN G AS A LICENSED 8
CERTIFIED MIDWIFE IN THE STATE WHO DOES NOT MA INTAIN PROFESSIONAL 9
LIABILITY INSURANCE COVERAGE SHALL POST THIS INFORMATION IN A 10
CONSPICUOUS LOCATION IN THE LICENSED CERT IFIED MIDWIFE’S PLACE OF 11
PRACTICE. 12
[8–6D–15.] 8–6D–16. 13
This subtitle may be cited as the Maryland Licensure of Certified Midwives Act. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.