HARRY HUGHES, Governor

753

THAT:

(1)   IS A DISTINCT PART OF AN ACUTE OR CHRONIC
HOSPITAL; AND

(2)  ON AND AFTER JULY 1, 1980, IS LICENSED AS A
RELATED INSTITUTION.

(D) RATES.

THE HEALTH SERVICES COST REVIEW COMMISSION SHALL SET
RATES FOR REIMBURSEMENTS UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 42Q.

In subsection (c) of this section, the reference
to reimbursement "under the Program" is added for
clarity.

Also in subsection (c) of this section, the
former reference to the "Medical Assistance
Administration" is deleted to avoid reference to
a nonstatutory unit of the Department and to
conform to the other provisions of this title,
which refer only to the "Department".

Defined terms: "Department" § 1-101
"Includes"/"including" § 1-101
"Program" § 15-101

15-115. SAME — NURSING HOME FOR CHRONIC OR LONG TERM CARE.

(A)  REIMBURSEMENT AUTHORIZED.

ON CERTIFICATION THAT CHRONIC CARE IN A HOSPITAL IS THE
ONLY ALTERNATIVE FOR A PROGRAM RECIPIENT WHO NEEDS LONG TERM
SKILLED OR INTERMEDIATE "A" NURSING CARE IN A NURSING HOME,
THE DEPARTMENT MAY AUTHORIZE PAYMENT FOR LONG TERM SKILLED
OR INTERMEDIATE "A" NURSING CARE PROVIDED TO THE PROGRAM
RECIPIENT IN A NURSING HOME IN AN AMOUNT THAT IS MORE THAN
THE MAXIMUM REIMBURSEMENT RATE PERMITTED FOR LONG TERM
SKILLED OR INTERMEDIATE "A" NURSING CARE. HOWEVER, THIS
AMOUNT MAY NOT BE MORE THAN THE MAXIMUM REIMBURSEMENT RATE
FOR CHRONIC CARE SERVICES THAT A HOSPITAL PROVIDES.

(B)  CONDITION OF PATIENT.

THE DEPARTMENT MAY NOT PLACE A PROGRAM RECIPIENT IN A
SKILLED OR INTERMEDIATE NURSING CARE HOME IF, BECAUSE OF THE
CONDITION OF THE PROGRAM RECIPIENT, THE PLACEMENT WOULD
CAUSE UNDUE RISK TO THE PROGRAM RECIPIENT.

(C)  STATUS OF FACILITY.