Ch. 809                          MARVIN MANDEL, Governor                               1669

CHAPTER 809
(House Bill 820)

AN ACT to add new Section 42D to Article 43 of the Annotated Code of
Maryland (1971 Replacement Volume), title "Health," subtitle "Miscellaneous
Provisions," to follow immediately after Section 42C thereof, to authorize the
Department of Health and Mental Hygiene, upon certification that the only
alternative to a patient under the Maryland Medical Assistance Program who
requires long-term skilled or intermediate (A) nursing care in a nursing home is
chronic care in a hospital, to pay for such long-term skilled care rendered by
nursing home facility in an amount greater than the maximum reimbursement
rate permitted for long-term skilled or intermediate (A) care, but not to exceed
the maximum reimbursement rate for chronic care services rendered by a
hospital.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 42D be and it is hereby added to Article 43 of
the Annotated Code of Maryland (1971 Replacement Volume), title "Health,"
subtitle "Miscellaneous Provisions," to follow immediately after Section 42C
thereof, and to read as follows:

42D.

(A) THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE,
UPON CERTIFICATION THAT THE ONLY ALTERNATIVE FOR A
PATIENT UNDER THE MARYLAND MEDICAL ASSISTANCE
PROGRAM WHO REQUIRES LONG-TERM SKILLED OR.
INTERMEDIATE (A) NURSING CARE IN A NURSING HOME FACILITY
IS CHRONIC CARE IN A HOSPITAL, MAY AUTHORIZE PAYMENT
FOR SUCH LONG-TERM SKILLED OR INTERMEDIATE (A) NURSING
CARE RENDERED IN A NURSING HOME FACILITY IN AN AMOUNT
GREATER THAN THE MAXIMUM REIMBURSEMENT RATE
PERMITTED FOR LONG-TERM SKILLED OR INTERMEDIATE (A)
NURSING CARE. HOWEVER, THIS AMOUNT MAY NOT EXCEED THE
MAXIMUM REIMBURSEMENT RATE FOR CHRONIC CARE SERVICES
RENDERED BY A HOSPITAL.

(B) IN UNDERTAKING THE PLACEMENT OF A PATIENT
REQUIRING SKILLED OR INTERMEDIATE (A) CARE IN A LICENSED
SKILLED OR INTERMEDIATE NURSING FACILITY, THE
DEPARTMENT SHALL ASSURE THAT THE PATIENT IS ONE WHO
MAY PROPERLY BE PLACED IN SUCH A FACILITY WITHOUT
UNDUE RISK TO HIS CONDITION.

(C) IN ORDER TO PROVIDE A BASIS FOR EVALUATING THE
OPERATION OF PLACEMENT OF PATIENTS REQUIRING SKILLED OR
INTERMEDIATE CARE IN SKILLED OR INTERMEDIATE (A) NURSING
FACILITIES, SUCH PLACEMENTS SHALL ONLY BE MADE IN
FACILITIES WHICH HAVE TRANSFER AGREEMENTS WITH
GENERAL HOSPITALS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 24, 1973.