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Statutes Text

Article - Health - General


    (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.

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