HARRY HUGHES, Governor                               2807

(4) Unless the facility is the representative
payee, the representative payee that the Social Security
Administration designates for the resident.

19-345.

(a)  A resident of a facility may not be transferred or
discharged from the facility involuntarily except for the
following reasons:

(1)  A medical reason;

(2)  The welfare of the resident or other
residents;

(3)  Knowingly transferring personal assets in
violation of a contract provision and only to become
eligible for Medicaid benefits; or

(4)  A nonpayment for a stay.

(b) (1) Unless an emergency exists, at least 30 days
before a facility transfers or discharges a resident
involuntarily, the facility shall give written notice to the
resident and the next of kin or guardian of the person of
the resident.

(2)  The notice shall state each reason for the
transfer or discharge.

(3)  The facility shall give the resident an
opportunity for a hearing on the proposed transfer or
discharge.

(c) (1) A Medicaid certified facility may not:

(i) Include in the admission contract of a
resident any requirement that, to stay at the facility, the
resident continue as a private pay resident for more than 1
year, if the resident becomes eligible for Medicaid
benefits; or

(ii) Transfer or discharge a resident
involuntarily because the resident is a Medicaid benefits
recipient.

(2) A Medicaid certified facility is presumed to
be transferring or discharging a resident in violation of
this subsection, if the resident is or becomes eligible for
Medicaid benefits.

19-346.

(a) (4) "Facility" means: