HARRY HUGHES, Governor

3465

CHAPTER 849

(Senate Bill 711)

AN ACT concerning

Patient Transfers Between Hospitals

FOR the purpose of requiring the Department of Health and Mental
Hygiene to adopt certain regulations governing the transfer
of patients between hospitals; specifying certain minimum
requirements to be included in those regulations; providing
that the consent of certain persons is not required before
transfer; requiring hospitals to adopt certain policies;
providing civil penalties to be imposed in a certain manner
for failure to comply with certain regulations; providing
for the scope of this Act; requiring the Department to adapt
certain regulations concerning penalties; providing for
certain maximum penalties; and generally relating to patient
transfers between hospitals.

BY adding to

Article - Health - General
Section 19-308.2
Annotated Code of Maryland
(1982 Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

19-308.2.

(A) (1) SUBSECTION (B)(1) OF THIS SECTION IS NOT INTENDED TO
PREEMPT THE REQUIREMENTS OF § 10-625 OF THIS ARTICLE, (1)

(2) THE DEPARTMENT SHALL ADOPT REGULATIONS
GUIDELINES, AFTER CONSULTATION WITH THE MARYLAND HOSPITAL
ASSOCIATION, GOVERNING THE TRANSFER OF PATIENTS BETWEEN HOSPITALS
TO ENSURE THAT TRANSFERS OF PATIENTS BETWEEN HOSPITALS ARE
ACCOMPLISHED IN A MEDICALLY APPROPRIATE MANNER AND IN ACCORDANCE
WITH THE HEALTH CARE POLICIES OF THE STATE, THAT, AT A MINIMUM,
REQUIRE:

(I) (1) (I) NOTIFICATION TO THE RECEIVING
HOSPITAL BEFORE THE TRANSFER AND CONFIRMATION BY THAT HOSPITAL
THAT THE PATIENT MEETS THAT HOSPITAL'S ADMISSIONS CRITERIA
RELATING TO APPROPRIATE BED, PHYSICIAN, AND OTHER SERVICES
NECESSARY TO TREAT THE PATIENT;

(II) (2) (II) THE USE OF MEDICALLY APPROPRIATE
LIFE-SUPPORT MEASURES THAT A REASONABLE AND PRUDENT PHYSICIAN IN