3428

LAWS OF MARYLAND

Ch. 569

CHAPTER 569

(Senate Bill 951)

AN ACT concerning

Intermediate Care Facilities - Mental Retardation

FOR the purpose of limiting transfers and discharges of
residents of intermediate care facilities - mental
retardation.

BY adding to

Article - Health - General

Section 7-709

Annotated Code of Maryland

(As enacted by Chapter.____ (H.B. 200) of the

Acts of the General Assembly of 1982)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland

(as enacted by Chapter ____ (H.B. 200) of the Acts of the

General Assembly of 1982) read(s) as follows:

Article - Health - General

7-709.

(A)   IN THIS SECTION, THE TERM "FACILITY" MEANS AN
INTERMEDIATE CARE FACILITY - MENTAL RETARDATION.

(B)  A RESIDENT OF A FACILITY MAY NOT BE TRANSFERRED OR
DISCHARGED FROM THE FACILITY INVOLUNTARILY EXCEPT FOR THE
FOLLOWING REASONS:

(1)  A MEDICAL REASON;

(2)  THE WELFARE OF THE RESIDENT OR OTHER
RESIDENTS;

(3)  KNOWINGLY TRANSFERRING PERSONAL ASSETS IN
VIOLATION OF A CONTRACT PROVISION AND ONLY TO BECOME
ELIGIBLE FOR MEDICAID BENEFITS; OR

(4)  A NONPAYMENT FOR A STAY . ; OR

(5)  THE PLANNED CLOSING OF THE FACILITY.

(C)  (1) UNLESS AN EMERGENCY EXISTS, AT LEAST 30 DAYS
BEFORE A FACILITY TRANSFERS OR DISCHARGES A RESIDENT