Maryland Nursing Home Lawyer Blog
A Maryland law that took effect on October 1, 2026, adds a step to what the state must do once it opens an investigation of a complaint against a nursing home. Under Chapter 684 of the 2026 Laws of Maryland, the Maryland Department of Health must notify the local health department in the nursing home’s county within 24 hours after it initiates the investigation. The department must also consult and coordinate with that local agency, to the extent practicable and as federal law permits.
The statute already set deadlines for the investigation itself. A Maryland nursing home complaint investigation must begin within 10 business days when the complaint alleges actual harm. When the complaint alleges immediate jeopardy to a resident, the state must make every effort to investigate within 24 hours and must investigate no later than 48 hours after receiving it.
A complaint starts a regulatory process that is separate from any claim a family may have for what happened to the resident. Lebowitz & Mzhen Personal Injury Lawyers handles Maryland nursing home neglect claims, and what a state investigation finds can become part of the evidence in one.
The Deadlines for a Maryland Nursing Home Complaint Investigation
Md. Code, Health-Gen. § 19-1408 sets the timetable. Complaints go to the Office of Health Care Quality, the unit of the Department of Health that licenses and inspects nursing homes. The office accepts complaints online, by mail, or by fax. A complaint may be filed anonymously.
Immediate jeopardy is a term from the federal nursing home survey regulations. 42 C.F.R. § 488.301 defines it as a situation in which a facility’s noncompliance has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident. A complaint alleging immediate jeopardy is on the 24-to-48-hour track. One alleging actual harm is on the 10-business-day track.
The state must also conduct a full survey of every licensed nursing home at least once each calendar year. Those surveys are unannounced unless federal law requires otherwise.
What Chapter 684 Adds
The notification duty applies whenever the department initiates a complaint investigation under the subsection that sets those deadlines. The consultation covers both the investigation and the response. The law states that it does not require a local health department to take over the state’s oversight responsibilities, so responsibility for the investigation stays with the state.
Chapter 684 also creates a Health Care Quality Improvement Initiative, carried out by a task force that must meet every three months until the provision expires on June 30, 2029. At each meeting, the Office of Health Care Quality must report how many complaints about nursing homes and assisted living programs it received during the preceding six months and how many it investigated. The task force must provide a public update within 30 days after each meeting. The update lists the date, the general topics discussed, and any nonconfidential next steps.
What a Complaint Does Not Do for a Family’s Claim
A complaint can lead to an inspection, a citation, and a written statement of deficiencies. It does not compensate the resident, and it does not pause the deadline for a lawsuit.
If your relative was injured, the claim against the facility has its own clock. A claim against a nursing facility for a medical injury begins in the Health Care Alternative Dispute Resolution Office, where Maryland medical malpractice claims also begin. Under Md. Code, Cts. & Jud. Proc. § 5-109, it must be filed within the earlier of five years from the injury or three years from the date the injury was discovered. A wrongful death claim must be filed within three years of the death under CJP § 3-904(g).
The state’s findings can be used alongside the facility’s own records. What the surveyors recorded, when they arrived, and what the facility was cited for can be compared against the resident’s chart, the care plan, and the staffing records for the same days.
We represent nursing home residents and their families throughout Maryland, and we treat a state investigation as one source of evidence among several. Our attorneys obtain the chart, the care plan, staffing records, and wound documentation. We compare them with what the surveyors recorded. Lebowitz & Mzhen has recovered more than $90 million for injured clients, including a $400,000 nursing home negligence recovery. If you are unsure whether what you saw was neglect, we will tell you plainly whether there is a claim.
Getting Answers About a Nursing Home Injury
A complaint starts the state’s process, and a claim for the resident’s injuries has to be started separately. Lebowitz & Mzhen Personal Injury Lawyers represents residents and families across Maryland, from Baltimore County to Montgomery and Prince George’s Counties. Call (800) 654-1949 or contact our office for a free case evaluation. There is no fee unless we win.