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Section 19-342 – Hospitals

    (a)    In this section, “patient” includes an inpatient, an outpatient, and an emergency services patient.     (b)    The General Assembly intends to promote the health, safety, and well–being of patients and to foster better communication between patients and health care providers in hospitals through the use of a patient’s bill of rights that specifies the ethical and humane […]

Section 19-343 – Related Institutions

    (a)    In this section and §§ 19–344, 19–345, 19–345.1, 19–345.2, and 19–345.3 of this subtitle, “facility” means a related institution that, under the rules and regulations of the Department, is a comprehensive care facility or an extended care facility.     (b)    (1)    The General Assembly intends to promote the interests and well–being of each resident of a facility.         (2)    It […]

Section 19-344 – Procedures for Compliance

    (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 […]

Section 19-345 – Transfer or Discharge of Resident

    (a)    A resident of a facility may not be transferred or discharged from the facility involuntarily except for the following reasons:         (1)    The transfer or discharge is necessary for the resident’s welfare and the resident’s needs cannot be met in the facility;         (2)    The transfer or discharge is appropriate because the resident’s health has improved sufficiently so that […]

Section 19-345.1 – Notice of Discharge or Transfer

    (a)    A facility shall provide the resident with written notice of:         (1)    Any proposed discharge or transfer; and         (2)    The opportunity for a hearing in accordance with the provisions of this section before the discharge or transfer.     (b)    The Department shall prepare and provide each facility with a standardized form that provides, in clear and simple language, at least […]

Section 19-345.2 – Involuntary Discharge

    (a)    In addition to the provisions of §§ 19–345 and 19–345.1 of this subtitle, a facility may not involuntarily discharge or transfer a resident unless, within 48 hours before the discharge or transfer, the facility has:         (1)    Provided or obtained:             (i)    A comprehensive medical assessment and evaluation of the resident, including a physical examination, that is documented in […]

Section 19-345.3 – Penalties

    (a)    The Secretary may impose a civil money penalty not to exceed $10,000 for:         (1)    Each violation by a facility of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle; or         (2)    Each willful or grossly negligent violation by a resident’s agent or legal representative of § 19–345, § 19–345.1, or § 19–345.2 of this subtitle.     (b)    If […]

Section 19-346 – Property of Residents

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Abuse of funds” means using the assets or income of a resident:             (i)    Against the express wish of the resident, if the expenditure was not necessary for the direct and immediate benefit and welfare of the resident; or             (ii)    For the use or benefit of a person […]

Section 19-347 – Abuse Prohibited

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    (i)    “Abuse” means the non–therapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce or resulting in mental or emotional distress.             (ii)    “Abuse” does not include the performance of an accepted medical procedure that a physician orders.         (3)    “Law enforcement agency” means […]

Section 19-347.1 – Mandatory Reporting of Inappropriate Sexual Behavior in Private Residential Treatment Centers

    (a)    In this section, “inappropriate sexual behavior” has the meaning stated in COMAR 10.01.18.02.     (b)    A privately owned and operated residential treatment center shall be subject to the reporting requirements established by the Department under COMAR 10.01.18.05 that apply when a staff member observes, receives a complaint regarding, or otherwise has reason to believe that an individual […]

Section 19-348 – Examination for Cervical Cancer; Mammography Educational Materials

    (a)    (1)    Each hospital shall offer to each adult female inpatient of the hospital a Papanicolaou smear for detection of cervical cancer unless:             (i)    The attending physician orders otherwise; or             (ii)    The patient has had the examination within the preceding year.         (2)    A patient may refuse the examination.     (b)    (1)    Each hospital shall offer mammography educational materials to each female patient when […]

Section 19-349 – Notice of Increase in Charges

    At least 45 days before a related institution increases any fee or charge for a service of the related institution, the related institution shall give each resident or the authorized representative of the resident written notice of the amount of the increase.

Section 19-349.1 – Notice of Outpatient Status, Billing Implications, and Impact of Status

    (a)    A hospital shall provide oral and written notice to a patient of the patient’s outpatient status, the billing implications of the outpatient status, and the impact of the outpatient status on the patient’s eligibility for Medicare rehabilitation services if:         (1)    The patient receives on–site services from the hospital for more than 23 consecutive hours;         (2)    The on–site […]

Section 19-349.2 – Disclosure of Outpatient Facility Fees — Complaints

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Electronically” means a secure digital or electronic transmission in compliance with federal and State law, including by:             (i)    Patient Internet portal;             (ii)    Encrypted e–mail; or             (iii)    Text message with a link to an encrypted notice.         (3)    (i)    “Outpatient facility fee” means a hospital outpatient charge approved by the Commission for […]

Section 19-350 – Itemized Financial Statement

    (a)    (1)    This section applies only to:             (i)    Related institutions as defined in § 19–301 of this subtitle; and             (ii)    Hospitals as defined in § 19–301 of this subtitle.         (2)    Nothing in this section shall apply to charges for services that are set pursuant to § 16–201 of this article.     (b)    (1)    (i)    On request of a patient made before or during treatment, […]

Section 19-350.1 – Uniform Claims Forms

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Third party payor” means any person that administers or provides reimbursement for hospital benefits on an expense incurred basis including:             (i)    A health maintenance organization issued a certificate of authority in accordance with Subtitle 7 of this title;             (ii)    A health insurer or nonprofit health service plan […]

Section 19-351 – Staff

    (a)    Except as provided in subsections (b) and (d) of this section, this subtitle does not affect the right of a hospital or related institution to employ or appoint staff.     (b)    (1)    A hospital or related institution that provides services that licensed podiatrists are authorized to perform under Title 16 of the Health Occupations Article, other than incidental […]

Section 19-352 – Interest Penalties

    (a)    In this section, “nursing home” means a related institution that is classified as a nursing home.     (b)    A nursing home may not assess an interest penalty on charges for services provided to a resident until, whichever is later in time:         (1)    45 days after the nursing home mails an itemized statement of the charges to the person […]