Ch. 547

1995 LAWS OF MARYLAND

(2)      A WRITTEN STATEMENT ITEMIZING THE MEDICATIONS CURRENTLY
BEING TAKEN BY THE RESIDENT;

(3)      TO THE EXTENT PERMITTED UNDER STATE AND FEDERAL LAW, AT
LEAST A 3-DAY SUPPLY OF THE MEDICATIONS CURRENTLY BEING TAKEN BY THE
RESIDENT;

(4)      THE INFORMATION NECESSARY TO ASSIST THE RESIDENT, THE
RESIDENT'S NEXT OF KIN, OR LEGAL REPRESENTATIVE IN OBTAINING ADDITIONAL
PRESCRIPTIONS FOR NECESSARY MEDICATION THROUGH CONSULTATION WITH
THE RESIDENT'S TREATING PHYSICIAN; AND

(5)      A WRITTEN STATEMENT CONTAINING THE DATE, TIME, METHOD,
MODE, AND DESTINATION OF DISCHARGE.

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) PARAGRAPHS (2) AND (3)
OF THIS SUBSECTION, A FACILITY MAY NOT DISCHARGE OR TRANSFER A RESIDENT
UNLESS THE RESIDENT IS CAPABLE OF AND HAS CONSENTED IN WRITING TO THE
DISCHARGE OR TRANSFER.                                                        . '

(2) A FACILITY MAY DISCHARGE OR TRANSFER A RESIDENT WITHOUT
OBTAINING THE WRITTEN CONSENT OF THE RESIDENT IF THE DISCHARGE OR
TRANSFER:

(I)      IS IN ACCORDANCE WITH A POST DISCHARGE PLAN OF CARE
DEVELOPED UNDER SUBSECTION (A) OF THIS SECTION; AND

(II)     IS TO A SAFE AND SECURE ENVIRONMENT WHERE THE
RESIDENT WILL BE UNDER THE CARE OF:

1.        ANOTHER LICENSED, CERTIFIED, OR REGISTERED CARE
PROVIDER; OR

2.        ANOTHER PERSON WHO HAS AGREED IN WRITING TO
PROVIDE A SAFE AND SECURE ENVIRONMENT.

(3) A FACILITY MAY TRANSFER A RESIDENT WITHOUT OBTAINING THE
WRITTEN CONSENT OF THE RESIDENT IF THE TRANSFER IS FROM A NURSING
FACILITY IN A CONTINUING CARE RETIREMENT COMMUNITY TO A DIFFERENT
LEVEL OF CARE WITHIN THE SAME FACILITY AND IS APPROVED BY THE ATTENDING
PHYSICIAN.

(3) A FACILITY THAT IS CERTIFIED AS A CONTINUING CARE PROVIDER
UNDER ARTICLE 70B OF THE CODE IS NOT SUBJECT TO THE PROVISIONS OF SUBSECTION
(B) OF THIS SECTION IF:

(I) THE FACILITY TRANSFERS A RESIDENT TO A LESSER LEVEL OF
CARE WITHIN THE SAME FACILITY IN ACCORDANCE WITH A CONTRACTUAL AGREEMENT
BETWEEN THE FACILITY AND THE RESIDENT; AND

(II) THE TRANSFER IS APPROVED BY THE ATTENDING PHYSICIAN.

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