Ch. 345

2003 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

15-117.

(a)     In this section, "leave of absence" includes:

(1)     A visit with friends or relatives: and

(2)     A leave to participate in a State approved therapeutic or
rehabilitative program.

(b)     (1) To ensure that a bed is reserved for a Program recipient who is
absent temporarily from a nursing facility, the Program shall include the following
payments for nursing facilities that have made a provider agreement with the
Department.

(2)     If the Program recipient is absent from a nursing facility due to
hospitalization for an acute condition, the facility shall receive payment for each day
that the Program recipient is hospitalized and a bed is reserved and made available
for the return of that Program recipient.

(3)     If a Program recipient is on leave of absence from a nursing facility,
the facility shall receive payment for each day that the Program recipient is absent
and a bed is reserved and made available for the return of that Program recipient.

(c)      (1) Payments under subsection (b)(2) of this section may not be made for
more than 15 days for any single hospital stay.

(2) (i) Payments under subsection (b)(3) of this section may not be
made for more than 18 days in any calendar year.

(ii) Notwithstanding any rule or regulation, a leave of absence is
not subject to any requirement that it may not exceed a particular number of days a
visit, except that the leave of absence may not exceed a total of 18 days during any
[12-month period] CALENDAR YEAR.

(d)     Payments required under this section:

(1)      [shall] SHALL be made according to the per diem payment
procedures that the Department sets [and may not be less than the per diem
payments made to the nursing facility for days when the Program recipient is present
in the facility]; AND

(2)      MAY NOT INCLUDE PAYMENT FOR NURSING SERVICES.

(e)     A nursing facility may not make additional charges against a Program
recipient because the Program recipient is absent temporarily from the nursing
facility.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply retroactively and shall be applied to and interpreted to affect

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