2148

JOINT RESOLUTIONS

Medical Assistance Program recipients throughout the
State may be assured access to nursing homes offering
comparable quality of care either through implementing
the authority of the Health Services Cost. Review
Commission or by altering the authority of the Medical
Assistance Program; requesting the committee to report
to the General Assembly prior to a certain time;
setting out the membership of the committee; and
specifying a source for necessary support, and
secretarial services.

WHEREAS, The rates charged by nursing homes should bear
a reasonable relationship to the cost of providing services;

and

WHEREAS, Section 568H of Article 43 Health,

authorizes the Health Services Cost Review Commission to

review the rates charged by nursing homes; and

WHEREAS, The Health Services Cost Review Commission is
not now exercising its authority with regard to nursing
homes now, therefore, be it

WHEREAS, An acute shortage of nursing home beds, is
developing in Maryland and it is possible that Medicaid
funds could expand the capacity to accommodate persons, in
need of this care; and

WHEREAS, The rates charged by nursing homes should bear
a reasonable relationship to the cost of providing services;
and

WHEREAS, The costs of providing services of equal
quality differ in various regions of the State; and

WHEREAS, The establishment, in the annual budget, of a
uniform limit throughout the State upon the per diem payment
the Medical Assistance Program is permitted to make to
nursing homes has reduced the availability of quality care
below acceptable levels in high cost areas of the State; and

WHEREAS, Section 5680 of Article 43 - Health,
authorizes the Health Services Cost Review Commission, to
review the rates charged by nursing homes; however, this
section as it applies to nursing homes further provides that
the Commission may not set rates until State law authorizes
the Medical Assistance Program of the Department of Health
and Mental Hygiene to reimburse at the Commission rates; and

WHEREAS, The Health Services Cost Review Commission, as
a result of the limitation imposed on it by Section 568U(d)
of Article 43 — Health, has not fully exercised its
statutory authority with regards to nursing homes; and

WHEREAS, The Department of Fiscal Services advises that
certain actions will be required to implement the Health