Md. Code Regs. 10.07.09.13 - Hearings for Transfers and Discharges, and Establishment of an Escrow Account
A. A resident
may request a hearing within 30 days of receiving a notice of an intended
involuntary transfer or discharge as provided in Regulation .10C of this
chapter,
B. Except in an emergency
or when the resident has resided in a facility for less than 30 days, after a
request for a hearing has been filed, a nursing facility may not discharge or
transfer the resident until:
(1) A final
decision is issued after the hearing and all requirements of Regulation .11 of
this chapter are met; or
(2) The
resident consents to the discharge or transfer and withdraws the request for a
hearing.
C. Procedure.
(1) The resident shall send a written request
for a hearing to the Office of Administrative Hearings by the 30th calendar day
after the resident receives the nursing facility's notice of the proposed
transfer or discharge.
(2) After
receiving the written request, the Office of Administrative Hearings shall
schedule a hearing.
(3) The Office
of Administrative Hearings shall conduct the hearing in accordance with COMAR
10.01.04 and 28.02.01.
(4) The
Department is not a party to a hearing conducted pursuant to this regulation.
The parties are the nursing facility and the resident. Therefore, a hearing
conducted pursuant to this regulation is not a contested case as defined in the
Administrative Procedure Act, State Government Article, §
10-202, Annotated
Code of Maryland.
D. A
facility may require that an escrow account be established when the:
(1) Basis for a resident's discharge is
nonpayment; and
(2) Resident
continues to reside in the facility pending a final decision.
E. If an escrow account is
required under §D of this regulation, the facility shall develop a policy
and procedure that is acceptable to the Department concerning the establishment
and disposition of funds from the escrow account.
Notes
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