HARRY HUGHES, Governor

971

reference that limited reports to alleged
violations of former Article 43, § 565C(a)(l)
through (17) is deleted as unnecessary in light
of the reference in this revision to a "violation
of this section", which does not include former
Article 43, § 565C(a)(18) because that provision
now appears in § 19-345 of this subtitle.

In subsection (o)(2) of this section, the defined

term "Department" is substituted for the

reference to the nonstatutory Departmental unit

the Division of Licensing and Certification.

In subsection (o)(3) of this section, the
references in former Article 43, § 565C(h)(l) to
the independent investigation by the Director on
Aging and to the duties of that office "as set
forth in Article 70B under the subheading Nursing
Homes", are deleted as duplicative. Similarly,
the second sentence of former Article 43, §
565C(h)(2), which required investigation, is
deleted as duplicative.

Former Article 43, § 565C(g), which required the
joint issuance of regulations "within 60 days
after January 1, 1976", is deleted as obsolete.

Defined terms: "Department" § 1-101
"Facility" § 19-343 "Physician" § 1-101
"Includes"/"including" § 1-101
"Person" §§ 1-101 & 19-301

19-345. TRANSFER OR DISCHARGE OF RESIDENT.

(A)  TRANSFER OR DISCHARGE RESTRICTED.

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)  NOTICE; HEARING.

(1) UNLESS AN EMERGENCY EXISTS, AT LEAST 30 DAYS
BEFORE A FACILITY TRANSFERS OR DISCHARGES A RESIDENT