# Health - General (GHG)

## Title 19. Health Care Facilities

### Subtitle 3. Hospitals and Related Institutions

#### Section 19-345

(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 Sec. 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.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)