HARRY HUGHES, Governor

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(2) THE SAFETY OR WELFARE OF OTHER INDIVIDUALS WITH
DEVELOPMENTAL DISABILITY WOULD BE FURTHERED.

(B)  THE DIRECTOR MAY TRANSFER ANY INDIVIDUAL WITH
DEVELOPMENTAL DISABILITY WHO IS A RESIDENT OF ANOTHER STATE TO A
RESIDENTIAL FACILITY IN THAT STATE IF THE DIRECTOR FINDS THAT THE
TRANSFER IS FEASIBLE.

(C)  (1) ANY FINDING THAT THE DIRECTOR MAKES UNDER
SUBSECTION (A) OR (B) OF THIS SECTION SHALL BE IN WRITING AND
FILED WITH THE RECORD OF THE INDIVIDUAL WITH DEVELOPMENTAL
DISABILITY.

(2)  A COPY OF THE FINDING AND THE NOTICE TO THE
PRIVATE PROVIDER OF SERVICES OR PROGRAM TO WHICH THE INDIVIDUAL
WITH DEVELOPMENTAL DISABILITY IS BEING TRANSFERRED SHALL BE SENT
TO THE PROPONENT OF ADMISSION, GUARDIAN OF THE PERSON, NEXT OF
KIN, AND COUNSEL OF THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITY.

(3)  THE DIRECTOR SHALL GIVE THE INDIVIDUAL WITH
DEVELOPMENTAL DISABILITY THE OPPORTUNITY FOR A HEARING ON THE
PROPOSED TRANSFER UNDER THIS SECTION. A TRANSFER MAY NOT TAKE
PLACE UNTIL A DECISION IS ISSUED AS A RESULT OF THE HEARING.

7-802.

(A)  THE DEVELOPMENTAL DISABILITIES ADMINISTRATION MAY ASK
THE MENTAL HYGIENE ADMINISTRATION TO ACCEPT PRIMARY
RESPONSIBILITY FOR AN INDIVIDUAL IN OR ELIGIBLE FOR ADMISSION TO
A STATE RESIDENTIAL CENTER, IF THE DEVELOPMENTAL DISABILITIES
ADMINISTRATION FINDS THAT THE INDIVIDUAL WOULD BE PROVIDED FOR
MORE APPROPRIATELY IN A PROGRAM FOR INDIVIDUALS WITH MENTAL
DISORDERS.

(B)  THE MENTAL HYGIENE ADMINISTRATION SHALL DETERMINE
WHETHER TRANSFER TO A MENTAL HEALTH PROGRAM IS APPROPRIATE.

(C)  A DISPUTE OVER A TRANSFER OF AN INDIVIDUAL FROM THE
DEVELOPMENTAL DISABILITIES ADMINISTRATION TO THE MENTAL HYGIENE
ADMINISTRATION SHALL BE RESOLVED, IN ACCORDANCE WITH PROCEDURES
THAT THE SECRETARY SETS, ON REQUEST OF THE DEVELOPMENTAL
DISABILITIES ADMINISTRATION OR THE MENTAL HYGIENE ADMINISTRATION.

(D)  THE DIRECTOR SHALL GIVE THE INDIVIDUAL WITH
DEVELOPMENTAL DISABILITY THE OPPORTUNITY FOR A HEARING ON THE
PROPOSED TRANSFER UNDER THIS SECTION.

7-803.

(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: