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<section article="ghg" article_name="Health - General" number="15-117" title_number="15" title_name="Assistance Programs" subtitle_number="1" subtitle_name="Medical and Pharmacy Assistance Programs">
  <level label="a">
    <text>In this section, “leave of absence” includes:</text>
    <level label="1">
      <text>A visit with friends or relatives; and</text>
    </level>
    <level label="2">
      <text>A leave to participate in a State approved therapeutic or rehabilitative program.</text>
    </level>
  </level>
  <level label="b">
    <text>To ensure that a bed is reserved for a Program recipient who is on leave of absence from a nursing facility that has made a provider agreement with the Department, 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.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Payments under subsection (b) of this section may not be made for more than 18 days in any calendar year.</text>
    </level>
    <level label="2">
      <text>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 calendar year.</text>
    </level>
  </level>
  <level label="d">
    <text>Payments required under this section:</text>
    <level label="1">
      <text>Shall be made according to the per diem payment procedures that the Department sets; and</text>
    </level>
    <level label="2">
      <text>May not include payment for nursing services.</text>
    </level>
  </level>
  <level label="e">
    <text>A nursing facility may not make additional charges against a Program recipient because the Program recipient is absent temporarily from the nursing facility.</text>
  </level>
</section>
