972

LAWS OF MARYLAND

Ch. 21

INVOLUNTARILY, THE FACILITY SHALL GIVE WRITTEN NOTICE TO THE
RESIDENT AND THE NEXT OF KIN OR GUARDIAN OF THE PERSON OF
THE RESIDENT.

(2)  THE NOTICE SHALL STATE EACH REASON FOR THE
TRANSFER OR DISCHARGE.

(3)  THE FACILITY SHALL GIVE THE RESIDENT AN
OPPORTUNITY FOR A HEARING ON THE PROPOSED TRANSFER OR
DISCHARGE.

(C) MEDICAID BENEFITS RECIPIENT.

(1)  A MEDICAID CERTIFIED FACILITY MAY NOT:

(I)   INCLUDE IN THE ADMISSION CONTRACT OF A
RESIDENT ANY REQUIREMENT THAT, TO STAY AT THE FACILITY, THE
RESIDENT CONTINUE AS A PRIVATE PAY RESIDENT FOR MORE THAN 1
YEAR, IF THE RESIDENT BECOMES ELIGIBLE FOR MEDICAID
BENEFITS. BENEFITS; OR

(II)  TRANSFER OR DISCHARGE A RESIDENT
INVOLUNTARILY BECAUSE THE RESIDENT IS A MEDICAID BENEFITS
RECIPIENT.

(2)  A MEDICAID CERTIFIED FACILITY IS PRESUMED TO
BE TRANSFERRING OR DISCHARGING A RESIDENT IN VIOLATION OF
THIS SUBSECTION, IF THE RESIDENT IS OR BECOMES ELIGIBLE FOR
MEDICAID BENEFITS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 565C(a)(18).

Throughout this section, the term "medicaid

benefits" is substituted for "medical assistance,
to standardize the references.

In subsection (a) of this section, the defined
term "facility" is substituted for the obsolete
references to "a skilled nursing facility or
intermediate care facility". The Commission to
Revise the Annotated Code notes, for
consideration by the General Assembly, that this
substitution excludes intermediate care
facilities -- mental retardation, which may have
been encompassed by the former reference
"intermediate care facility". However, this
section is derived from a provision of the
patient's bill of rights and a comparable
provision does not appear in the bill of rights
for residents of other mental retardation
facilities. If these limitations on transfer and
discharge are intended to apply to intermediate
care facilities -- mental retardation, the