1. (a) A resident of a facility may not be transferred or discharged from the facility involuntarily except for the following reasons:

   1. (1) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;
   2. (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. (3) The health or safety of an individual in a facility is endangered;
   4. (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. (5) The facility ceases to operate.

2. (b)

   1. (1) A Medicaid certified facility may not:

      1. (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
      2. (ii) Transfer or discharge a resident involuntarily because the resident is a Medicaid benefits recipient.

   2. (2)

      1. (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.
      2. (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.

Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1982, c. 371, § 1, eff. July 1, 1982; Acts 1995, c. 547, § 1, eff. Oct. 1, 1995; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2019, c. 545, § 1, eff. Oct. 1, 2019.

Formerly Art. 43, § 565C.