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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) A resident of a facility may not be transferred or discharged from the facility involuntarily except for the following reasons:
(1) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;
(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) 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 will be required to pay for any period of time or amount of money as a private pay resident for any period when the resident is eligible for Medicaid benefits; or
(ii) Transfer or discharge a resident involuntarily because the resident is a Medicaid benefits recipient.
(2)(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.
Cite this article: FindLaw.com - Maryland Code, Health-General § 19-345 - last updated January 01, 2025 | https://codes.findlaw.com/md/health-general/md-code-health-gen-sect-19-345/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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