3546

LAWS OF MARYLAND

[Ch. 857

[(b) The policy statement contained in paragraph
(a) shall be posted conspicuously in a public place in
all facilities licensed under the provisions of § 560 of
this article. Copies of the policy statement shall be
furnished the patient and resident upon admittance to the
facility.]

(B)    DEVOLVING OF RIGHTS.-WHERE CONSISTENT WITH THE
NATURE OF THE RIGHT, ALL OF THE ABOVE RIGHTS,
PARTICULARLY AS THEY PERTAIN TO A PERSON ADJUDICATED
INCOMPETENT IN ACCORDANCE WITH STATE LAW, OR A PATIENT
WHO IS FOUND MEDICALLY INCAPABLE BY HIS ATTENDING
PHYSICIAN, OR A PATIENT WHO IS UNABLE TO COMMUNICATE WITH
OTHERS, SHALL DEVOLVE UPON THE PATIENT'S GUARDIAN, NEXT
OF KIN, SPONSORING AGENCY, OR REPRESENTATIVE PAYEE

(EXCEPT WHEN THE FACILITY ITSELF IS REPRESENTATIVE PAYEE)
SELECTED PURSUANT TO § 205 (J) OF THE SOCIAL SECURITY ACT;

[(c) The provisions of this section shall not be
construed to restrict any right which any patient or
resident has under law.]

(C)    NOTICE TO PATIENT.-THE POLICY STATEMENT
CONTAINED IN PARAGRAPH (A) SHALL BE POSTED CONSPICUOUSLY
IN A PUBLIC PLACE IN ALL SKILLED NURSING FACILITIES AND
INTERMEDIATE CARE FACILITIES. COPIES OF THE POLICY
STATEMENT SHALL BE FURNISHED TO THE PATIENT OR RESIDENT
UPON ADMITTANCE TO THE FACILITY, ALL PATIENTS AND
RESIDENTS CURRENTLY RESIDING IN THE FACILITY, AND THE
GUARDIAN, NEXT OF KIN, SPONSORING AGENCY, A
REPRESENTATIVE PAYEE OF THE PATIENT AND RESIDENT, AND
RECEIPTS FOR THE STATEMENT SIGNED BY AFORESAID PARTIES
SHALL BE RETAINED IN THE FACILITY'S FILES.

(D)    RESPONSIBILITY OF ADMINISTRATOR. - FINAL
RESPONSIBILITY FOR IMPLEMENTING ALL PROVISIONS OF THIS
SECTION SHALL REST ON THE ADMINISTRATOR OF THE FACILITY.

(E)    STAFF TRAINING. -EACH FACILITY SHALL PROVIDE
APPROPRIATE STAFF TRAINING TO IMPLEMENT EACH PATIENT'S
RIGHT INCLUDED IN PARAGRAPH (A) OF THIS SECTION.

(F)    FACILITIES COVERED BY BILL OF RIGHTS. -THE
PROVISIONS OF THIS SECTION SHALL APPLY TO INSTITUTIONS
LICENSED AS SKILLED NURSING FACILITIES AND INTERMEDIATE
CARE FACILITIES UNDER § 560.

(G)    ISSUANCE OF REGULATIONS. -REGULATIONS
IMPLEMENTING THE PROVISIONS OF THIS SECTION SHALL BE
DEVELOPED JOINTLY BY THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE AND THE STATE OFFICE ON AGING AND PROMULGATED
WITHIN SIXTY (60) DAYS AFTER THE EFFECTIVE DATE OF THIS
LEGISLATION.