Md. Code Regs. 10.07.09.05 - Admission Prohibitions
A. The
acts in §B of this regulation are admission prohibitions.
B. A nursing facility may not:
(1) Require or solicit, as a condition of
admission into the nursing facility, the signature of an individual other than
the applicant on the application or contract for admission to the nursing
facility, unless the:
(a) Applicant is
adjudicated disabled in accordance with Estates and Trusts Article, §
13-701, Annotated
Code of Maryland, or
(b)
Applicant's physician determines that the applicant is incapable of
understanding or exercising the applicant's rights and responsibilities and
records, in the applicant's nursing facility record, the specific reasons for
the determination;
(2)
Require an individual, including an agent, to incur personal financial
liability by signing the contract, although the nursing facility may require
the individual to pay for nursing facility care for the resident to the extent
of the resident's available income and assets;
(3) Charge, solicit, accept, or receive, in
addition to any amount otherwise required to be paid under Medicaid, a gift,
money, donation, or other consideration as a precondition of admission or
expedited admission to, or continued stay in, the nursing facility;
(4) Require residents or applicants to waive
their rights to Medicare or Medicaid;
(5) Require oral or written assurances that
residents or applicants are not eligible for, or will not apply for, Medicare
or Medicaid benefits;
(6) Charge
individuals who are eligible for Medicaid more than the rates established by
the Medical Assistance Program for these services;
(7) Increase any charge and make the resident
liable for the increase until the 46th day after the facility notifies the
resident in writing;
(8) Impose an
interest penalty on charges for items and services provided to a resident until
the later of the following:
(a) 45 days after
the nursing facility mails an itemized statement of charges to the resident or
the resident's agent, or
(b) 30
days after the end of the period covered by the itemized statement of
charges;
(9) Condition
providing care or otherwise discriminate against a resident based on whether
the resident has or has not executed an advance directive;
(10) Except for contributions toward cost of
care as determined by the Medical Assistance Program, charge a resident who is
eligible for Medicaid for services, unless the resident or the resident's agent
knowingly has requested and received noncovered services, and the nursing
facility:
(a) Has given proper notice of the
availability and cost of the services to residents, and
(b) Does not condition the resident's
admission or continued stay on the request for and receipt of additional
services; and
(11)
Solicit, accept, or receive a charitable, religious, or philanthropic
contribution from an organization or an individual related to the resident or
applicant unless the nursing facility makes clear that the contribution is not
a condition of admission to, expedited admission to, or continued stay in the
nursing facility.
Notes
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No prior version found.