PARRIS N. GLENDENING, Governor

S.B. 386

(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.

(2) [A] (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, 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.

(II) A MEDICAID CERTIFIED FACILITY IS NOT PRESUMED TO BE
TRANSFERRING OR DISCHARGING A RESIDENT IN VIOLATION OF THIS SUBSECTION
FOR TRANSFERRING OR DISCHARGING A RESIDENT FOR NONPAYMENT FOR
SERVICES WHILE THE RESIDENT WAS INELIGIBLE FOR ASSISTANCE UNDER THE
MEDICAL ASSISTANCE PROGRAM.

19-345.1.

(A) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, A FACILITY
SHALL PROVIDE THE RESIDENT WITH WRITTEN NOTICE OF:

(1)      ANY PROPOSED DISCHARGE OR TRANSFER; AND

(2)      THE OPPORTUNITY FOR A HEARING IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION BEFORE THE DISCHARGE OR TRANSFER.

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