§ 15-117. Reimbursement -- Reserved beds

   (a) "Leave of absence" defined. -- In this section, "leave of absence" includes:

   (1) A visit with friends or relatives; and

   (2) A leave to participate in a State approved therapeutic or rehabilitative program.

(b) Payments for reserved beds. -- To ensure that a bed is reserved for a Program recipient who is on leave of absence from a nursing facility that has made a provider agreement with the Department, the facility shall receive payment for each day that the Program recipient is absent and a bed is reserved and made available for the return of that Program recipient.

(c) Limitations on payments. --

   (1) Payments under subsection (b) of this section may not be made for more than 18 days in any calendar year.

   (2) Notwithstanding any rule or regulation, a leave of absence is not subject to any requirement that it may not exceed a particular number of days a visit, except that the leave of absence may not exceed a total of 18 days during any calendar year.

(d) Rate of payments; excluded services. -- Payments required under this section:

   (1) Shall be made according to the per diem payment procedures that the Department sets; and

   (2) May not include payment for nursing services.

(e) Prohibition on additional charges. -- A nursing facility may not make additional charges against a Program recipient because the Program recipient is absent temporarily from the nursing facility.

HISTORY: An. Code 1957, art. 43, § 566B; 1982, ch. 21, § 2; 1983, ch. 95; 1988, ch. 6, § 1; 1999, ch. 382, § 1; ch. 383, § 1; 2003, ch. 345; 2012 1st Sp. Sess., ch. 1, § 1.