2766

LAWS OF MARYLAND

Ch. 739

(B) IN THE IMPLEMENTATION OF THE BASIC RIGHTS IN
SUBSECTION (A) OF THIS SECTION, THE FOLLOWING IS REQUIRED
FOR ALL SERVICES COVERED UNDER THIS ARTICLE:

(1)  EVERY PERSON, PRIOR TO OR AT THE TIME OF HIS
ADMISSION INTO A PROGRAM OR FACILITY, SHALL RECEIVE:

(I)  A WRITTEN STATEMENT OF THE SERVICES
PROVIDED BY THE FACILITY, INCLUDING THOSE SERVICES REQUIRED
TO BE OFFERED ON AN AS-NEEDED BASIS;

(II)  A WRITTEN STATEMENT OF RELATED
CHARGES INCLUDING ANY CHARGES FOR SERVICES NOT COVERED UNDER
MEDICARE, MEDICAID, OR OTHER STATE OR LOCAL PUBLIC AGENCY
REIMBURSEMENT, OR NOT COVERED BY THE FACILITY'S BASIC RATE;
AND

(III)  A WRITTEN RECEIPT FOR THE STATEMENTS
RECEIVED UNDER SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH,
WHICH MUST BE SIGNED BY THE MENTALLY RETARDED PERSON, LEGAL
GUARDIAN OR PARENT OF A MINOR AND RETAINED BY THE FACILITY
IN ITS FILES.

(2)  WHERE THE MENTALLY RETARDED PERSON IS
RECEIVING SERVICES FROM A RESIDENTIAL FACILITY WHICH IF IS
FUNDED IN WHOLE OR IN PART BY PAYMENTS UNDER MEDICAID TO
THAT FACILITY, SUCH MENTALLY RETARDED PERSON OR LEGALLY
APPOINTED GUARDIAN SHALL RECEIVE FROM THE DIRECTOR OF THE
FACILITY COMPLETE AND CURRENT INFORMATION CONCERNING HIS
DIAGNOSIS, TREATMENT AND PROGNOSIS IN TERMS AND LANGUAGE THE
MENTALLY RETARDED PERSON CAN REASONABLY BE EXPECTED TO
UNDERSTAND. UNLESS MEDICALLY INADVISABLE, THE MENTALLY
RETARDED PERSON OR GUARDIAN SHALL PARTICIPATE IN THE
PLANNING OF HIS MEDICAL TREATMENT, MAY REFUSE MEDICATION AND
TREATMENT AND KNOW THE MEDICAL CONSEQUENCES OF SUCH ACTIONS.
WRITTEN EVIDENCE OF COMPLIANCE WITH THIS LAST PROVISION,
INCLUDING SIGNED ACKNOWLEDGMENTS BY THE MENTALLY RETARDED
PERSON OR GUARDIAN, SHALL BE RETAINED BY THE FACILITY IN ITS
FILES.

(3)  FOR EVERY MENTALLY RETARDED PERSON, CASE
DISCUSSION, CONSULTATION, EXAMINATION, AND MEDICAL TREATMENT
ARE CONFIDENTIAL. THOSE NOT DIRECTLY INVOLVED IN THE
MENTALLY RETARDED PERSON'S CARE MUST HAVE PERMISSION OF THE
MENTALLY RETARDED PERSON OR LEGAL GUARDIAN TO BE PRESENT.

(4)  PERSONAL, MEDICAL, PSYCHOLOGICAL, AND
INDIVIDUAL TREATMENT AND DEVELOPMENT INFORMATION SHALL BE
TREATED CONFIDENTIALLY AND THE CONSENT OF THE MENTALLY
RETARDED PERSON OR GUARDIAN SHALL BE OBTAINED FOR RELEASE TO
ANY INDIVIDUAL OUTSIDE THE FACILITY, EXCEPT AS NEEDED IN THE
CASE OF THE MENTALLY RETARDED PERSON'S TRANSFER FROM A
HEALTH CARE INSTITUTION TO ANOTHER HEALTH CARE INSTITUTION,
OR AS REQUIRED BY LAW OR THIRD PARTY PAYMENT CONTRACT, OR TO
ANY INDIVIDUAL IN THE FACILITY WHO HAS NO DEMONSTRABLE NEED
TO SUCH RECORDS.