§ 19–345
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 19-345 (2026)
Title 19. Health Care Facilities
Subtitle 3. Hospitals and Related Institutions
§ 19–345LinkCopy Citation
(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)
A resident of a facility that is transferred or discharged from the facility involuntarily may not be transferred or discharged:
(1)
To a location other than the location identified in the notice required under § 19–345.1(b)(3) of this subtitle, such as a hotel, shelter, or other temporary housing;
(2)
Before the facility to which the resident is to be transferred has confirmed that:
(i)
The resident may be transferred to the facility; and
(ii)
The facility is prepared to accept the resident.
(c)
(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.