§ 19-345. Transfer or discharge of resident

   (a) Transfer or discharge restricted. -- 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 the resident no longer needs the services provided by the facility;

   (3) The health or safety of an individual in a facility is endangered;

   (4) The resident has failed, after reasonable and appropriate notice, to pay for, or under Medicare or Medicaid or otherwise, to have paid for a stay at the facility; or

   (5) The facility ceases to operate.

(b) Medicaid benefits recipient. --

   (1) A Medicaid certified facility may not:

      (i) Include in the admission contract of a resident any requirement that, to stay at the facility, the resident will be required to pay for any period of time or amount of money as a private pay resident for any period when the resident is eligible for Medicaid benefits; or

      (ii) Transfer or discharge a resident involuntarily because the resident is a Medicaid benefits recipient.

   (2) (i) Except as provided in subparagraph (ii) of this paragraph, a Medicaid certified facility is presumed to be transferring or discharging a resident in violation of this subsection, if the resident is or becomes eligible for Medicaid benefits.

      (ii) A Medicaid certified facility is not presumed to be transferring or discharging a resident in violation of this subsection for transferring or discharging a resident for nonpayment for services while the resident was ineligible for assistance under the medical assistance program.

HISTORY: An. Code 1957, art. 43, § 565C; 1982, ch. 21, § 2; ch. 371; 1995, ch. 547; 2010, ch. 72.