PARRIS N. GLENDENING, Governor                                 Ch. 547

(I)      AN EMERGENCY EXISTS AND HEALTH OR SAFETY OF THE
RESIDENT OR OTHER RESIDENTS WOULD BE PLACED IN IMMINENT AND SERIOUS
JEOPARDY IF THE RESIDENT WERE NOT TRANSFERRED OR DISCHARGED FROM THE
FACILITY AS SOON AS POSSIBLE; OR

(II)     THE RESIDENT HAS NOT RESIDED IN THE FACILITY FOR 30
DAYS.

(2)      IF A FACILITY DISCHARGES OR TRANSFERS A RESIDENT UNDER THE
PROVISIONS OF THIS SUBSECTION THE FACILITY SHALL PROVIDE REASONABLE
NOTICE OF THE PROPOSED DISCHARGE OR TRANSFER.

19-345.2.

(A)     IN ADDITION TO THE PROVISIONS OF §§ 19-345 AND 19-345.1 OF THIS
SUBTITLE, A FACILITY MAY NOT INVOLUNTARILY DISCHARGE OR TRANSFER A
RESIDENT UNLESS, WITHIN 48 HOURS BEFORE THE DISCHARGE OR TRANSFER, THE
FACILITY HAS:

(1)      PROVIDED OR OBTAINED:

(1) (I) A COMPREHENSIVE MEDICAL ASSESSMENT AND EVALUATION
OF THE RESIDENT, INCLUDING A PHYSICAL EXAMINATION, THAT IS DOCUMENTED
IN THE RESIDENT'S MEDICAL RECORD;

(2)      (II) A POST DISCHARGE PLAN OF CARE FOR THE RESIDENT THAT IS
DEVELOPED, IF POSSIBLE, WITH THE PARTICIPATION OF THE RESIDENT'S NEXT OF
KIN, GUARDIAN, OR LEGAL REPRESENTATIVE; AND

(3)     (III) WRITTEN DOCUMENTATION FROM THE RESIDENT'S
ATTENDING PHYSICIAN INDICATING THAT THE TRANSFER OR DISCHARGE IS IN
ACCORDANCE WITH THE POST DISCHARGE PLAN OF CARE AND IS NOT
CONTRAINDICATED BY THE RESIDENT'S MEDICAL CONDITION; AND

(2)      PROVIDED INFORMATION TO THE RESIDENT CONCERNING THE
RESIDENT'S RIGHTS TO MAKE DECISIONS CONCERNING HEALTH CARE, INCLUDING:

(I)      THE RIGHT TO ACCEPT OR REFUSE MEDICAL TREATMENT;

(II)     THE RIGHT TO MAKE AN ADVANCE DIRECTIVE, INCLUDING
THE RIGHT TO MAKE A LIVING WILL AND THE RIGHT TO APPOINT AN AGENT TO
MAKE HEALTH CARE DECISIONS; AND

(III)   THE RIGHT TO REVOKE AN ADVANCE DIRECTIVE.

(B)     EXCEPT AS PROVIDED IN SUBSECTION (C)(3) OF THIS SECTION, AT THE TIME
OF TRANSFER OR DISCHARGE, THE FACILITY SHALL PROVIDE THE RESIDENT OR
THE RESIDENT'S NEXT OF KIN, GUARDIAN, OR LEGAL REPRESENTATIVE WITH:

(1) A WRITTEN STATEMENT OF THE MEDICAL ASSESSMENT AND
EVALUATION AND POST DISCHARGE PLAN OF CARE REQUIRED UNDER SUBSECTION
(A) OF THIS SECTION;

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