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3221
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MARVIN MANDEL, Governor
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566B.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.
(2) "FACILITY" MEANS ANY INTERMEDIATE CARE
FACILITY OR SKILLED NURSING FACILITY.
(3) "INTERMEDIATE CARE FACILITY" MEANS A
NURSING FACILITY WHICH MEETS THE STANDARDS FOR
CERTIFICATION AND PARTICIPATION IN TITLE XIX OF THE
SOCIAL SECURITY ACT AND HAS ENTERED INTO A PROVIDER
AGREEMENT WITH THE DEPARTMENT Of HEALTH AND MENTAL
HYGIENE.
(4) "LEAVE OF ABSENCE" INCLUDES VISITS WITH
FRIENDS OR RELATIVES AND LEAVES TO PARTICIPATE IN STATE
APPROVED THERAPEUTIC OR REHABILITATIVE PROGRAMS.
(5) "RECIPIENT" MEANS A PERSON WHO IS
CERTIFIED AS ELIGIBLE FOR AND IS RECEIVING MEDICAL
ASSISTANCE.
(6) "SKILLED NURSING FACILITY" MEANS A
NURSING FACILITY WHICH MEETS THE STANDARDS FOR
CERTIFICATION AND PARTICIPATION IN TITLE XVIII OR TITLE
XIX OF THE SOCIAL SECURITY ACT AND HAS ENTERED INTO A
PROVIDER AGREEMENT WITH THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE.
(B) IN ORDER TO ENSURE THAT BEDS ARE RESERVED FOR
RECIPIENTS WHO ARE TEMPORARILY ABSENT FROM INTERMEDIATE
CARE FACILITIES OR SKILLED NURSING FACILITIES, THE
MARYLAND MEDICAL ASSISTANCE PLAN SHALL INCLUDE THE
FOLLOWING PAYMENTS:
(1) IF A PATIENT IS ABSENT FROM A FACILITY
DUE TO HOSPITALIZATION FOR AN ACUTE CONDITION, THE
FACILITY SHALL RECEIVE PAYMENT FOR EACH DAY THAT THE
PATIENT IS HOSPITALIZED. AND A BED IS RESERVED AND MADE
AVAILABLE FOR THE PATIENT UPON THAT PATIENT'S RETURN.
(2) IF A PATIENT IS ON LEAVE OF ABSENCE FROM
A FACILITY, THE FACILITY SHALL RECEIVE PAYMENT FOR EACH
DAY THAT THE PATIENT IS ABSENT. AND A BED IS RESERVED AND
MADE AVAILABLE FOR THE PATIENT UPON THAT PATIENT'S
RETURN.
(C) PAYMENTS UNDER (B)(1) AND (B) (2) SHALL BE MADE
FOR THE MAXIMUM PERIODS ALLOWED UNDER RULES AND
REGULATIONS OF THE DEPARTMENT OF HEALTH, EDUCATION AND
WELFARE. PAYMENTS UNDER (B)(2) SHALL BE MADE FOR A
MAXIMUM AGGREGATE OF 10 DAYS IN ANY CALENDAR YEAR.
(D) PAYMENTS REQUIRED UNDER THIS SECTION SHALL BE
MADE ACCORDING TO THE PER DIEM PAYMENT PROCEDURES
ESTABLISHED BY THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, AND SHALL NOT BE LESS THAN THE PER DIEM PAYMENTS
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