Start a Care Business

Care business licensing, state by state

Starting a care business in Maryland

Written by Editorial team Reviewed against MSDE OCC sources Last reviewed How we review

In Maryland, the Maryland State Department of Education's Office of Child Care (OCC) handles child care, and the Maryland Department of Health's Office of Health Care Quality (OHCQ) licenses every adult care business on this page. Only one of them, the home health agency, also needs a certificate of need, and as of the Maryland Health Care Commission's May 2026 schedule that door was closed to new applications.

Residential care starts at two people. Housing plus supportive services or personal help for two or more residents requires an assisted living program license, and Maryland has no separate license for small homes, so a two-bedroom house and a large building apply under the same rules. Calling the arrangement a room rental does not change that: a lease does not, by itself, take you out of licensure. You apply for one of three levels of care. At 17 beds, the rules add a site plan approved by a State engineer, a local food service permit and approval to build under Health-General § 19-311. Since July 1, 2026, the program's manager must hold a license from the Board of Long-Term Care Administrators. Knowingly operating without a license is a felony.

In-home care divides at hands-on help. A business whose aides help clients with bathing, dressing, toileting or other personal care needs a residential service agency (RSA) license from OHCQ. It needs no certificate of need. An agency that only does light housekeeping, meal preparation, shopping and errands needs no license at all. Budget with care: COMAR still lists a $1,000 fee for a three-year RSA license, while OHCQ's June 2026 application says there is no fee to apply.

Skilled care is much harder to start. A home health agency license can be issued only after the Maryland Health Care Commission (MHCC) grants a certificate of need or an exemption. A new company cannot seek one: only Medicare-certified home health agencies, or a licensed and accredited hospital, nursing home or skilled-nursing RSA, qualify. An RSA that wants to apply later needs three years of skilled nursing work and three years of accreditation first. MHCC also requires new agencies to become Medicare-certified, and CMS has not enrolled new home health agencies in Medicare since May 13, 2026.

On the child care side, Maryland's word for a home daycare is "registration," but it is mandatory before you care for unrelated children for pay or advertise. A family child care home may have up to 8 children, and 9 to 12 makes it a large family child care home, with its own orientation, staff qualifications and ratios. Care outside a home, for children of different parents at least two days a week, needs a child care center license. Some tax-exempt religious programs may hold a Letter of Compliance instead. Both the first registration and the first center license last two years; after that comes a continuing version that does not expire.

Maryland licenses only medical-model adult day care. Group care for 4 or more elderly or medically disabled adults, or care for 2 or 3 in a family home, needs an adult medical day care center license, and OHCQ must approve a letter of interest before you can apply. Social programs that offer only meals and activities fall outside OHCQ's license; OHCQ sends them to the Maryland Department of Aging's Senior Center Plus program, whose approval process was not found in a regulation. OHCQ's current applications for assisted living, adult medical day care and home health list no application fee.

MD

Maryland agencies

Who licenses and oversees care businesses

MSDE OCC
Maryland State Department of Education, Office of Child Care. Registers family and large family child care homes and licenses child care centers through its Regional Licensing Offices
earlychildhood.marylandpublicschools.org
OHCQ
Maryland Department of Health, Office of Health Care Quality. Licenses assisted living programs, adult medical day care centers, residential service agencies and home health agencies
health.maryland.gov, 410-402-8018
MHCC
Maryland Health Care Commission. Issues the certificate of need (or exemption) a home health agency must have before applying for its license
mhcc.maryland.gov

Licenses for care businesses in Maryland

Compare states
Maryland care business licenses by type: requirement, official name, agency and size threshold
Business type What the state requires Official license name Agency Size threshold
Family child care home Registration required Family Child Care Home Certificate of Registration Maryland State Department of Education (MSDE), Office of Child Care (OCC) Care in your own home for children you are not related to. A family child care home may have up to 8 children, no more than 2 under age 2; a large family child care home may have 9 to 12, no more than 4 under age 2. Your own children under 6 count.
Child care center License required Child Care Center License Maryland State Department of Education (MSDE), Office of Child Care (OCC) Care outside a family child care home, for part or all of a day and at least twice a week, for children who do not share the same parentage. OCC sets each center's maximum number of children.
Assisted living facility License required Assisted Living Program License Maryland Department of Health (MDH), Office of Health Care Quality (OHCQ) Housing and supportive services or personal assistance for 2 or more residents who cannot fully care for themselves. The license names a set number of beds and a level of care.
Small residential care home License required Assisted Living Program License Maryland Department of Health (MDH), Office of Health Care Quality (OHCQ) A small home serving 2 or more residents needs the same assisted living program license as a large facility. Maryland has no separate small-home license.
Adult day care License required Adult Medical Day Care Center License Maryland Department of Health (MDH), Office of Health Care Quality (OHCQ) Group care for at least 4 elderly people, or care in a family home for 2 or 3 elderly people, needs an OHCQ license. Social-only programs (Senior Center Plus) are handled by the Maryland Department of Aging, not OHCQ.
Non-medical home care agency License required Residential Service Agency (RSA) License Maryland Department of Health (MDH), Office of Health Care Quality (OHCQ) Employing or contracting with people to give at least one home health care service, such as home health aide or personal care, in clients' homes. Agencies giving only household or family support services need no license.
Home health agency License required Home Health Agency License Maryland Department of Health (MDH), Office of Health Care Quality (OHCQ); Maryland Health Care Commission (MHCC) for the certificate of need Skilled nursing and other therapeutic services in clients' homes under a physician or registered nurse. You need a certificate of need, or an exemption, from MHCC before you can apply for the license.

License names link to our guide where we have one, otherwise to the agency’s own page.

2 residents need an assisted living license

Housing plus supportive services for two or more residents requires an OHCQ assisted living program license. Maryland has no separate small-home license, and a lease does not exempt you.

CON first for home health agencies

A home health license requires an MHCC certificate of need, open only to existing qualified providers. MHCC's May 2026 schedule accepted no new home health applications. RSAs need no certificate of need.

8 children in a family child care home

A registered family child care home may care for up to 8 children, counting the provider's own children under 6. Caring for 9 to 12 makes it a large family child care home, with stricter rules.

Maryland guides

All guides
  1. Maryland adult medical day care license: the OHCQ letter of interest, staffing and space rules

    How to license an adult medical day care center in Maryland under COMAR 10.12.04: letter of interest, plans review, RN and director rules, square footage and Medicaid.

    Maryland · Adult day careReviewed

  2. Maryland assisted living program license: OHCQ levels, rules and steps

    How OHCQ licenses Maryland assisted living programs from 2 residents up: three levels of care, the 17-bed line, licensed managers from July 2026 and the survey.

    Maryland · Assisted living facilityReviewed

  3. Maryland child care center license: MSDE rules, staffing and steps

    Licensing a child care center in Maryland: notice of intent, two orientations, the 60-day packet, director tiers, ratios, space rules and the two-year first license.

    Maryland · Child care centerReviewed

  4. Maryland family child care home: getting your certificate of registration

    How MSDE registers home daycares in Maryland: the 8-child cap, under-2 limits, orientation, CJIS checks, 24 training hours, inspections and the 2-year initial term.

    Maryland · Family child care homeReviewed

  5. Maryland home health agency license: the CON gate, OHCQ licensing and Medicare

    How Maryland licenses home health agencies: the MHCC certificate of need, who may apply, the closed 2025-2026 review, OHCQ application steps, and the Medicare freeze.

    Maryland · Home health agencyReviewed

  6. Maryland residential service agency (RSA) license for in-home personal care

    How OHCQ licenses Maryland residential service agencies: who needs an RSA license, the homemaker exemption, the application packet, RN supervision, training and Medicaid.

    Maryland · Non-medical home care agencyReviewed

Other states

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