Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.09 - Residents' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities
Section 10.07.09.10 - Resident Transfers and Discharges
Universal Citation: MD Code Reg 10.07.09.10
Current through Register Vol. 51, No. 19, September 20, 2024
A. A nursing facility may not involuntarily transfer or discharge a resident from the nursing facility unless the:
(1) Transfer or discharge is necessary for
the resident's welfare and the resident's needs cannot be met in the nursing
facility;
(2) Transfer or discharge
is appropriate because the resident's health has improved sufficiently so that
the resident no longer needs the health care or services provided by the
nursing facility;
(3) Resident's
presence endangers the health or safety of other individuals in the nursing
facility;
(4) Resident has failed,
after reasonable and appropriate notice, to pay, or to have paid under
third-party payers, for a stay at the nursing facility; or
(5) Nursing facility ceases to operate or, in
the case of a resident who receives Medicare or Medicaid services, when the
nursing facility has been decertified or has withdrawn from the Medicare or
Medicaid Program.
B. A resident has a right to request a hearing on the proposed transfer or discharge, except when the transfer or discharge is being taken pursuant to §A(5) of this regulation.
C. Notice.
(1) Transfer and Discharge. Except in
emergency situations such as a hospitalization, or if the resident has not
resided in the facility for 30 days, the nursing facility shall notify the
resident, representative, or interested family member, the State Long-Term Care
Ombudsman, and the Department at least:
(a) 30
days before any proposed transfer or discharge if the nursing facility is not
part of a continuing care retirement community as defined in Article 70B,
Annotated Code of Maryland; or
(b)
60 days before any proposed transfer or discharge if the nursing facility is
part of a continuing care retirement community.
(2) Emergency Transfers, Discharges, and
Relocations. In an emergency situation, a nursing facility shall notify the
resident, representative, or interested family member of a transfer as soon as
possible.
D. Contents of Notice. The required notice to a resident under this regulation shall be on a form developed by the Department and shall include:
(1) Each reason for the proposed transfer or
discharge;
(2) A statement that the
resident has the right to request a hearing on a proposed transfer or
discharge, and how to request a hearing pursuant to Regulation .13 of this
chapter, except in the case of a discharge made pursuant to §A(5) of this
regulation;
(3) The name, address,
and telephone number of the State's Office on Aging and local office on aging
long-term care ombudsman;
(4) The
right of a resident to consult with any lawyer the resident chooses;
(5) The name, address, and telephone number
of the Legal Aid Bureau, The Older American Act Senior Legal Assistance
Programs, and other agencies that may provide assistance to individuals who
need legal counsel;
(6) For nursing
facility residents with developmental disabilities, the mailing address and
telephone number of the agency responsible for the protection and advocacy of
developmentally disabled individuals;
(7) For nursing facility residents who are
mentally ill, the mailing address and telephone number of the agency
responsible for the protection and advocacy of mentally ill
individuals;
(8) The effective date
of the proposed transfer or discharge which, except as set forth in §C of
this regulation, is at least 30 days after receiving the notice and at least 60
days after receipt of the notice if the nursing facility is part of a
continuing care retirement center; and
(9) The resident's rights concerning
discharge, as set forth in Regulation .11 of this chapter.
E. Documentation.
(1) In the event of a discharge or transfer
of a resident, a nursing facility shall ensure that the following appears in
the resident record:
(a) The circumstances
surrounding the discharge or transfer, including interventions initiated by the
facility before proposing the discharge;
(b) The notice described in C and D of this
regulation; and
(c) If applicable,
any express consent given by the resident or, when applicable, the resident's
representative.
(2) When
a resident is transferred or discharged pursuant to §A(1) and (2) of this
regulation, the resident's physician shall document in the resident's clinical
records the reason or reasons why the transfer or discharge is
necessary.
(3) When a resident is
transferred or discharged pursuant to §A(3) of this regulation, a
physician shall document in the resident's clinical records the reason or
reasons why the transfer or discharge is necessary.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
