Ch. 547

1995 LAWS OF MARYLAND

(I)      THE NEXT OF KIN, GUARDIAN, OR ANY OTHER INDIVIDUAL
KNOWN TO HAVE ACTED AS THE INDIVIDUAL'S REPRESENTATIVE, IF ANY;

(II)     THE LONG-TERM CARE OMBUDSMAN; AND

(III)   THE DEPARTMENT.

(D)     (1) (I) IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE
SECRETARY, THE FACILITY SHALL PROVIDE THE RESIDENT WITH AN OPPORTUNITY
FOR A HEARING ON THE PROPOSED TRANSFER OR DISCHARGE.

(II) THE REGULATIONS ADOPTED BY THE SECRETARY MAY
PROVIDE FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT WHEN:

1.        THE BASIS FOR THE DISCHARGE IS NONPAYMENT; AND

2.        THE RESIDENT CONTINUES TO RESIDE IN THE FACILITY
WHILE THE APPEAL IS PENDING.

(2)      EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, HEARINGS
ON PROPOSED TRANSFERS OR DISCHARGES SHALL BE CONDUCTED IN
ACCORDANCE WITH THE PROVISIONS OF TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE AND THE MEDICAID FAIR HEARING PROCEDURES.

(3)      ANY HEARING ON A PROPOSED DISCHARGE OR TRANSFER OF A
RESIDENT:

(I)       IS NOT A CONTESTED CASE AS DEFINED IN § 10-202 OF THE
STATE GOVERNMENT ARTICLE; AND

(II)     MAY NOT INCLUDE THE SECRETARY AS A PARTY.

(4)      A DECISION BY AN ADMINISTRATIVE LAW JUDGE ON A PROPOSED
DISCHARGE OR TRANSFER OF A RESIDENT:

(I)       IS NOT A DECISION OF THE SECRETARY;

(II)     UNLESS APPEALED, IS FINAL AND BINDING ON THE PARTIES;

(III)    IS NOT REVIEWABLE BY THE BOARD OF REVIEW OF THE
DEPARTMENT; AND

(IV)    MAY BE APPEALED IN ACCORDANCE WITH § 10-222 OF THE
STATE GOVERNMENT ARTICLE AS IF IT WERE A CONTESTED CASE BUT THE APPEAL
DOES NOT AUTOMATICALLY STAY THE DECISION OF THE ADMINISTRATIVE LAW
JUDGE.

(E)     (1) THE PROVISIONS OF THIS SECTION REQUIRING 30 DAYS' NOTICE
AND AN OPPORTUNITY FOR A HEARING BEFORE DISCHARGE OR TRANSFER OF A
RESIDENT DO NOT APPLY IF:

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