§ 19-344. Admission requirements, rights of residents
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Health - General, § 19-344
§ 19-344. Admission requirements, rights of residents
(a) To carry out the policy set forth in § 19-343 of this subtitle, the following procedures are required for all services provided to a resident of a facility.
(b)(1) A facility may not require or solicit, as a condition of admission into the facility, the signature of another person, other than the applicant, on the application or contract for admission to the facility, unless:
2. The applicant's physician records, in the applicant's facility record, the specific reasons for the determination.
(2) If, in addition to the signature of an applicant, a facility requires the signature of another person on the application or contract for admission to the facility in accordance with the provisions of paragraph (1) of this subsection, the facility shall provide a written statement to be included in the document of the rights, duties, and liabilities of the signer of the document.
(3)(i) A facility may request an applicant for whom a second signature cannot be required or solicited under paragraph (1) of this subsection to execute valid durable powers of attorney designating an attorney in fact to make financial, medical, funeral, and burial decisions in the event of the applicant's disability.
(c)(1) In this subsection, “agent” means a person who manages, uses, or controls the funds or assets that legally may be used to pay the applicant's or resident's share of costs or other charges for the facility's services.
(2) Except as provided by the Department, a facility may not charge an applicant or resident who is a medical assistance beneficiary, or the applicant's or resident's agent, any amount in addition to the amounts determined by the medical assistance program for services that are covered by medical assistance.
(4)(i) A facility may require an applicant, a resident, or the agent of an applicant or resident to agree to distribute any funds, including income or assets of the applicant or resident, which the medical assistance program has determined to be available to pay for the cost of the applicant's or resident's care, to the facility, promptly when due, for the cost of the applicant's or resident's care.
(v) If a resident or agent of a resident who has not paid a current obligation for the resident's care fails to request a determination under subparagraph (iii) of this paragraph, the facility may, without requesting the appointment of a guardian, petition the appropriate circuit court for an order or injunction directing the resident or agent of the resident to request and pursue the determination with due diligence or granting other appropriate relief to enforce the obligations under this section.
(vi) If a resident or agent of the resident fails to pay for the cost of the resident's care from funds that the medical assistance program has determined to be available to pay for that care, the facility may, without requesting the appointment of a guardian, petition the appropriate circuit court for an order directing the resident or agent of the resident to pay the facility from the funds determined by the medical assistance program to be available.
(iii) If a resident or the agent of a resident fails to seek assistance from the medical assistance program or to cooperate fully in the eligibility determination process, a facility providing care to the resident may, without requesting the appointment of a guardian, petition the appropriate circuit court for an order or injunction requiring the resident or agent of the resident to seek assistance from the medical assistance program or to cooperate in the eligibility determination process with due diligence or granting other appropriate relief to enforce the obligations under this section.
(d) Each facility shall:
(e) Unless it is medically inadvisable, the resident physician of a facility or attending physician of its resident shall give the resident information about the diagnosis, treatment, and prognosis of the resident that is complete and current and is stated in language that the resident reasonably can be expected to understand.
(f)(1) A resident of a facility:
(g)(1) Any case discussion, consultation, examination, or treatment of a resident of a facility:
(2) Except as necessary for the transfer of a resident from the facility to another health care institution or as required by law or a third-party payment contract, the personal and medical records of a resident are confidential and may not be released without the consent of the resident to any individual who:
(h) If it is feasible to do so and not medically contraindicated, spouses or domestic partners who are both residents of the facility shall be given the opportunity to share a room.
(i) A resident of a facility alone or with other individuals is entitled to present any grievance or recommend a change in a policy or service to the staff or administrator of the facility, the Department of Aging, or any other person, without fear of reprisal, restraint, interference, coercion, or discrimination.
(j)(1) Each facility shall place at the bedside of each resident the name, address, and telephone number of a physician who is responsible for the resident's care.
(k)(1) Each married resident of a facility shall have privacy during a visit by the spouse.
(l) To a reasonable extent, a resident of a facility shall have the right to possess and use clothing and other personal effects and to have security for those effects.
(m) A resident of a facility may not be assigned to do any work for the facility without personal consent and without written approval of the attending physician of the resident.
(n) A resident of a facility shall receive a reasonable response from an administrator or staff to a personal request of the resident.
(p) The administrator of a facility is responsible for carrying out this section.
(q)(1) A resident of a facility or the next of kin or domestic partner or guardian of the person of a resident may file a complaint about an alleged violation of this section.
(r) If a resident is adjudicated a disabled person, is found to be medically incompetent by the attending physician of the resident, or is unable to communicate with others, the rights of the resident may be exercised by:
Credits
Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1982, c. 371, § 1, eff. July 1, 1982; Acts 1983, c. 583, § 2, eff. July 1, 1983; Acts 1985, c. 459, §§ 1, 2, eff. July 1, 1985; Acts 1988, c. 271, § 1, eff. July 1, 1988; Acts 1988, c. 452, § 2, eff. July 1, 1988; Acts 1995, c. 547, § 1, eff. Oct. 1, 1995; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 2000, c. 61, § 7, eff. April 25, 2000; Acts 2004, c. 506, § 1, eff. Oct. 1, 2004; Acts 2007, c. 70, § 1, eff. Oct. 1, 2007; Acts 2008, c. 590, § 1, eff. July 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2011, c. 433, § 1, eff. Oct. 1, 2011; Acts 2011, c. 434, § 1, eff. Oct. 1, 2011; Acts 2019, c. 545, § 1, eff. Oct. 1, 2019.
Formerly Art. 43, § 565C.
MD Code, Health - General, § 19-344, MD HEALTH GEN § 19-344
Current through legislation effective through July 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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