2988

LAWS OF MARYLAND

Ch. 844

Approved May 27, 1980.

CHAPTER 845

(House Bill 137)

AN ACT concerning

Medical Assistance Program (Medicaid) -
Patient Transfer

FOR the purpose of restricting the discharge or transfer of
certain Medicaid patients from certain skilled nursing
facilities or intermediate care facilities; providing
for certain presumptions upon proposed discharges or
transfers of patients; requiring a certain report; and
generally relating to the transfer or discharge of
Medicaid patients from certain nursing care facilities.

BY repealing and reenacting, with amendments,

Article 43 - Health

Section 565C(a)(18)

Annotated Code of Maryland

(1971 Replacement Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

565C.

(a) It is the intent of the General Assembly and the
purpose of this section to promote the interests and
well-being of the patients and residents of skilled nursing
facilities and intermediate care facilities. It is declared
to be the public policy of this State that the interests of
the patient be protected by a declaration of a patient's
bill of rights and by requiring that the facilities treat
their patients in accordance with the provisions of this
bill of rights, which shall include, but not be limited to,
the following:

(18) A patient or resident may not be

transferred or discharged from a skilled nursing facility or
intermediate care facility except for medical reasons, the
patient's own or other patient's welfare, or nonpayment for
the stay. PAYMENTS AS A MEDICAL ASSISTANCE RECIPIENT MAY NOT

CONSTITUTE NONPAYMENT FOR PURPOSES OF THIS SECTION. A

FACILITY PROPOSING TO DISCHARGE OR TRANSFER A PATIENT OR