PARRIS N. GLENDENING, Governor                                S.B. 386

(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:

(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:

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