Ch. 547

1995 LAWS OF MARYLAND

(7) Nothing in this subsection may be construed to prohibit any person from
knowingly and voluntarily agreeing to guarantee payment for the cost of an applicant's
care.

19-345.

(a) 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.]

(1)     THE TRANSFER OR DISCHARGE IS NECESSARY FOR THE RESIDENT'S
WELFARE AND THE RESIDENT'S NEEDS CANNOT BE MET IN THE FACILITY;

(2)     THE TRANSFER OR DISCHARGE IS APPROPRIATE BECAUSE THE
RESIDENT'S HEALTH HAS IMPROVED SUFFICIENTLY SO THAT THE RESIDENT NO
LONGER NEEDS THE SERVICES PROVIDED BY THE FACILITY;

(3)     THE HEALTH OR SAFETY OF AN INDIVIDUAL IN A FACILITY IS
ENDANGERED;

(4)     THE RESIDENT HAS FAILED,, AFTER REASONABLE AND
APPROPRIATE NOTICE TO PAY FOR, OR UNDER MEDICARE OR MEDICAID OR
OTHERWISE TO HAVE PAID FOR, A STAY AT THE FACILITY; OR

(5)     THE FACILITY CEASES TO OPERATE.

[(b) (1) Unless an emergency exists, at least 30 days before a facility transfers or
discharges a resident 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)] (B) (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] WILL BE REQUIRED TO PAY FOR
ANY PERIOD OF TIME OR AMOUNT OF MONEY as a private pay resident [for more than
1 year, if] FOR ANY PERIOD WHEN the resident [becomes] IS eligible for Medicaid
benefits; or

(ii) Transfer or discharge a resident involuntarily because the resident
is a Medicaid benefits recipient.

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