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<section article="ghg" article_name="Health - General" number="19-345" title_number="19" title_name="Health Care Facilities" subtitle_number="3" subtitle_name="Hospitals and Related Institutions">
  <level label="a">
    <text>A resident of a facility may not be transferred or discharged from the facility involuntarily except for the following reasons:</text>
    <level label="1">
      <text>The transfer or discharge is necessary for the resident’s welfare and the resident’s needs cannot be met in the facility;</text>
    </level>
    <level label="2">
      <text>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;</text>
    </level>
    <level label="3">
      <text>The health or safety of an individual in a facility is endangered;</text>
    </level>
    <level label="4">
      <text>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</text>
    </level>
    <level label="5">
      <text>The facility ceases to operate.</text>
    </level>
  </level>
  <level label="b">
    <text>A resident of a facility that is transferred or discharged from the facility involuntarily may not be transferred or discharged:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>Before the facility to which the resident is to be transferred has confirmed that:</text>
      <level label="i">
        <text>The resident may be transferred to the facility; and</text>
      </level>
      <level label="ii">
        <text>The facility is prepared to accept the resident.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A Medicaid certified facility may not:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>Transfer or discharge a resident involuntarily because the resident is a Medicaid benefits recipient.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
</section>
