HARRY HUGHES, Governor

323

(E) NURSING HOME.

"NURSING HOME" MEANS AN INSTITUTION OR PART OF AN
INSTITUTION THAT:

(1)  IS A "SKILLED NURSING FACILITY" OR AN
"INTERMEDIATE CARE FACILITY" AS THOSE TERMS ARE DEFINED BY
FEDERAL LAW AND PARTICIPATES IN A PROGRAM UNDER TITLE XVIII
OR TITLE XIX OF THE SOCIAL SECURITY ACT; OR

(2)  IF IT IS LICENSED ONLY BY THIS STATE,
OTHERWISE MEETS THE FEDERAL REQUIREMENTS FOR A "SKILLED
NURSING FACILITY" OR AN "INTERMEDIATE CARE FACILITY" AS
THOSE TERMS ARE DEFINED BY FEDERAL LAW.

REVISOR'S NOTE: This subsection is new language
substituted for present Art. 43, § 767(3). The
new definition is necessary to state explicitly
that for the purposes of this title a "nursing
home" is a State licensed nursing home that could
meet federal licensing and funding standards or a
nursing home that is required by federal law to
be under the direction of a licensed nursing home
administrator.

The present definition provides that
"'{n}ursing home' has the same meaning as that
term is defined in § 556(e)(1) of {Art. 43}...,
as more fully set forth in the rules and
regulations of the Department...". However, for
the purpose of this title the definition found in
the cross-referenced section is obsolete and, in
light of the actual practice of the Board,
overbroad and inaccurate. The Board is a
licensing authority that is required by federal
law for purposes of revenue sharing under 42
U.S.C. § 1396a(a)(5). Therefore, as a matter of
practice, the Board limits its jurisdiction only
to those nursing homes that are required by
federal law to be under the direction of a
licensed nursing home administrator and to those
State licensed nursing homes that could meet
federal licensing and funding standards. Thus,
the intended jurisdiction of the Board does not
correspond to the "nursing homes" covered by Art.
43, § 556(e)(1) of the Code.

As to the applicable federal law, see 42 U.S.C. §
1396 et seq.

See also the definitions of "skilled nursing
facility" and "intermediate care facility" in 42
U.S.C. § 1395x(j) and 42 U.S.C. § 1396d(c),
respectively.

(F) NURSING HOME ADMINISTRATOR.