10.07.02.11

.11 Admission and Discharge.

A. Written Policy. The nursing home shall develop written policies, consistent with this chapter and COMAR 10.07.09, to govern the nursing care, related medical, and other services that the nursing home provides regarding:

(1) Admissions, transfers, and discharges;

(2) Acceptable payment sources; and

(3) Medical Assistance program information.

B. The nursing home shall make its admission and discharge policies available for review by residents, the resident’s representative, and the long-term care ombudsman.

C. Discrimination Prohibited. A nursing home licensed under this chapter may not discriminate in admitting or providing care to an individual because of the individual’s:

(1) Race;

(2) Color;

(3) National origin;

(4) Sexual orientation;

(5) Gender identity;

(6) Religion;

(7) Physical disability; or

(8) Mental disability.

D. Contract. Before or at admission, a contract shall be executed by the administrator and resident, guardian, or responsible agency which is consistent with the requirements of Health-General Article, §19-344, Annotated Code of Maryland, “Rights of Individuals”.

E. Registry. A nursing home shall maintain a permanent resident registry in which the name of each resident is entered in chronological order with the date and number of entry.

F. Admission Record. A copy of the clinical record, identification, and summary sheet described in Regulation .32 shall be used as an admission record.

G. Before discharge the nursing home shall:

(1) Verify that the transfer and discharge is to a licensed assisted living facility and appropriate to meet the needs of the resident; and

(2) Document the verification in the resident’s medical record.

H. Notification of Responsible Persons When Resident Moves. When the resident is transferred from the nursing home for any reason or at time of death, the administrator or the administrator’s designee shall notify the attending physician and the:

(1) Private agency;

(2) Public agency; or

(3) Responsible party designated by the resident.

I. Restrictions on Admission and Retention of Residents. Residents may not be admitted or retained if, in the judgment of the attending physician, they are:

(1) Acutely ill and require medical, surgical, or nursing care beyond the capabilities of the facility; or

(2) Dangerous to themselves or others.