1. (a) In this section, “leave of absence” includes:

   1. (1) A visit with friends or relatives; and
   2. (2) A leave to participate in a State approved therapeutic or rehabilitative program.
2. (b) 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.

3. (c)

   1. (1) Payments under subsection (b) of this section may not be made for more than 18 days in any calendar year.
   2. (2) 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.

4. (d) Payments required under this section:

   1. (1) Shall be made according to the per diem payment procedures that the Department sets; and
   2. (2) May not include payment for nursing services.
5. (e) A nursing facility may not make additional charges against a Program recipient because the Program recipient is absent temporarily from the nursing facility.

Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1983, c. 95, § 1, eff. July 1, 1983; Acts 1988, c. 6, § 1, eff. July 1, 1988; Acts 1999, c. 382, § 1, eff. July 1, 1999; Acts 1999, c. 383, § 1, eff. July 1, 1999; Acts 2003, c. 345, § 1, eff. May 13, 2003; Acts 2012, 1st Sp. Sess., c. 1, § 1, eff. June 1, 2012.

Formerly Art. 43, § 566B.