PARRIS N. GLENDENING, Governor

S.B. 386

(2) A FACILITY MAY DISCHARGE OR TRANSFER A RESIDENT WITHOUT
OBTAINING THE WRITTEN CONSENT OF THE RESIDENT IF THE DISCHARGE OR
TRANSFER:

(I)      IS IN ACCORDANCE WITH A POST DISCHARGE PLAN OF CARE
DEVELOPED UNDER SUBSECTION (A) OF THIS SECTION; AND

(II)     IS TO A SAFE AND SECURE ENVIRONMENT WHERE THE
RESIDENT WILL BE UNDER THE CARE OF:

1.        ANOTHER LICENSED, CERTIFIED, OR REGISTERED
CARE PROVIDER; OR

2.        ANOTHER PERSON WHO HAS AGREED IN WRITING TO
PROVIDE A SAFE AND SECURE ENVIRONMENT.

(3) A FACILITY THAT IS CERTIFIED AS A CONTINUING CARE PROVIDER
UNDER ARTICLE 70B OF THE CODE IS NOT SUBJECT TO THE PROVISIONS OF SUBSECTION
(B) OF THIS SECTION IF:

(I) THE FACILITY TRANSFERS A RESIDENT TO A LESSER LEVEL OF
CARE WITHIN THE SAME FACILITY IN ACCORDANCE WITH A CONTRACTUAL AGREEMENT
BETWEEN THE FACILITY AND THE RESIDENT; AND

(II) THE TRANSFER IS APPROVED BY THE ATTENDING PHYSICIAN.

(D)     IF THE REQUIREMENTS OF §§ 19-345 AND 19-345.1 OF THIS SUBTITLE AND
SUBSECTIONS (A) AND (B) OF THIS SECTION HAVE BEEN MET, THE RESIDENT'S NEXT
OF KIN OR LEGAL REPRESENTATIVE SHALL COOPERATE AND ASSIST IN THE
DISCHARGE PLANNING PROCESS, INCLUDING:

(1)      CONTACTING, COOPERATING WITH, AND ASSISTING OTHER
FACILITIES CONSIDERING ADMITTING THE RESIDENT; AND

(2)      COOPERATING WITH GOVERNMENTAL AGENCIES, INCLUDING
APPLYING FOR MEDICAL ASSISTANCE FOR THE RESIDENT.

(E)     IF REQUESTED BY ANY PERSON DURING THE PROCESS OF
TRANSFERRING OR DISCHARGING A RESIDENT OR ON ITS OWN INITIATIVE, THE
OFFICE OF THE ATTORNEY GENERAL MAY INVESTIGATE WHETHER AN ABUSE OF
FUNDS UNDER § 19-346 OF THIS SUBTITLE CONTRIBUTED TO THE DECISION TO
TRANSFER OR DISCHARGE THE RESIDENT AND MAY MAKE APPROPRIATE
REFERRALS OF THE MATTER TO OTHER GOVERNMENT AGENCIES.

19-345.3.

(A) THE SECRETARY MAY IMPOSE A CIVIL MONEY PENALTY NOT TO EXCEED
$10,000 FOR:

(1) EACH VIOLATION BY A FACILITY OF § 19-345, § 19-345.1, OR § 19-345.2
OF THIS SUBTITLE; OR

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