HARRY HUGHES, Governor

755

(1)  TO ENSURE THAT A BED IS RESERVED FOR A
PROGRAM RECIPIENT WHO IS ABSENT TEMPORARILY FROM A FACILITY,
THE MARYLAND MEDICAL ASSISTANCE PLAN SHALL INCLUDE THE
FOLLOWING PAYMENTS FOR FACILITIES THAT HAVE MADE A PROVIDER
AGREEMENT WITH THE DEPARTMENT.

(2)  IF THE PROGRAM RECIPIENT IS ABSENT FROM A
FACILITY DUE TO HOSPITALIZATION FOR AN ACUTE CONDITION, THE
FACILITY SHALL RECEIVE PAYMENT FOR EACH DAY THAT THE PROGRAM
RECIPIENT IS HOSPITALIZED AND A BED IS RESERVED AND MADE
AVAILABLE FOR THE RETURN OF THAT PROGRAM RECIPIENT.

(3)  IF A PROGRAM RECIPIENT IS ON LEAVE OF
ABSENCE FROM A FACILITY, THE FACILITY SHALL RECEIVE PAYMENT
FOR EACH DAY THAT THE PROGRAM RECIPIENT IS ABSENT AND A BED
IS RESERVED AND MADE AVAILABLE FOR THE RETURN OF THAT
PROGRAM RECIPIENT.

(C)  LIMITATIONS ON PAYMENTS.

(1)  PAYMENTS UNDER SUBSECTION (B)(2) OF THIS
SECTION MAY NOT BE MADE FOR MORE THAN 15 DAYS FOR ANY SINGLE
HOSPITAL STAY.

(2) (I) PAYMENTS UNDER SUBSECTION (B)(3) OF THIS
SECTION MAY NOT BE MADE FOR MORE THAN 18 DAYS IN ANY
CALENDAR YEAR.

(II) NOTWITHSTANDING ANY RULE OR
REGULATION, A LEAVE OF ABSENCE IS NOT SUBJECT TO ANY
REQUIREMENT THAT IT MAY NOT EXCEED A PARTICULAR NUMBER OF
DAYS A VISIT, EXCEPT THAT THE LEAVE OF ABSENCE MAY NOT
EXCEED A TOTAL OF 18 DAYS DURING ANY 12-MONTH PERIOD.

(D)  RATE OF PAYMENTS.

PAYMENTS REQUIRED UNDER THIS SECTION SHALL BE MADE
ACCORDING TO THE PER DIEM PAYMENT PROCEDURES THAT THE
DEPARTMENT SETS AND MAY NOT BE LESS THAN THE PER DIEM
PAYMENTS MADE TO THE FACILITY FOR DAYS WHEN THE PROGRAM
RECIPIENT IS PRESENT IN THE FACILITY.

(E)  PROHIBITION ON ADDITIONAL CHARGES.

A FACILITY MAY NOT MAKE ADDITIONAL CHARGES AGAINST A
PROGRAM RECIPIENT BECAUSE THE PROGRAM RECIPIENT IS ABSENT
TEMPORARILY FROM THE FACILITY.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 566B(a)(1), (2), (3), (4), and (6),
(b), (c), (d), and (e).

The only changes are in style.

Former Article 43, § 566B(a)(5), which defined