(F) THE STAFFING REQUIREMENTS UNDER THIS SECTION ARE MINIMUM
STAFFING REQUIREMENTS AND SHALL NOT BE CONSTRUED TO LIMIT THE ABILITY
OF THE NURSING FACILITY TO EMPLOY ADDITIONAL STAFF.
(G) THE SECRETARY MAY ADOPT REGULATIONS NECESSARY TO CARRY OUT
THE PROVISIONS OF THIS SECTION.
(H) IF A NURSING FACILITY FAILS TO MEET THE REQUIREMENTS OF THIS
SECTION, THE SECRETARY MAY IMPOSE THE FOLLOWING PENALTIES:
(1) DELICENSURE OF THE NURSING FACILITY;
(2) $500 PER DAY FOR EACH DAY THE VIOLATION CONTINUES; OR
(3) BOTH.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(a) The Department of Health and Mental Hygiene shall:
(1) Conduct a study to determine whether the staffing ratios and
standards provided in this Act are sufficient to meet the needs of residents in nursing
facilities including determining appropriate levels of staffing based on resident
acuity; and
(2) Recommend, if necessary, a methodology for determining appropriate
levels of staffing.
(b) In conducting the study, the Department shall consider recommendations
from nursing facilities, licensed health care providers, advocacy groups, and other
interested parties.
(c) On or before January 2001 and every 5 years thereafter, the Department
shall submit its findings and recommendations to the General Assembly, in
accordance with § 2-1246 of the State Government Article.
15-117.
(a) In this section, "leave of absence" includes:
(1) A visit with friends or relatives; and
(2) A leave to participate in a State approved therapeutic or
rehabilitative program.
(b) (1) To ensure that a bed is reserved for a Program recipient who is
absent temporarily from a nursing facility, the Program shall include the following
payments for nursing facilities that have made a provider agreement with the
Department.
(2) If the Program recipient is absent from a nursing facility due to
hospitalization for an acute condition, the facility shall receive payment for each day
that the Program recipient is hospitalized and a bed is reserved and made available
for the return of that Program recipient.
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