MarylandHB 10022026 Regular SessionHouseWALLET

Nursing Facilities - Involuntary Discharge or Transfer

Sponsored By: Lesley J. Lopez (Democratic)

Signed by Governor

Health Care Facilities and RegulationAddressesCivil Rights and Social EquityCognitive DisabilitiesDevelopmental DisabilitiesDisabilitiesFormsHealth, Department ofHearingsLong-Term Care -see also- Continuing Care; Nursing HomesMental and Behavioral Health -see also- Aut; Cogn; Dev; etc.NamesNoticesNursing Homes -see also- AsstLiving; ContinCare; LTCareOmbudsmenRules and RegulationsTelephonesTermination of ServicesTimeVulnerable Adults -see also- DevDisab; EldPers; PhysDisab

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 0 costs, 1 mixed.

Right to a hearing and escrow

Beginning October 1, 2026, you can request a hearing when a home plans to transfer or discharge you. An administrative law judge decides the case, and the decision is final unless appealed. Filing an appeal does not automatically stop the decision. If the issue is nonpayment and you stay during the appeal, regulations may allow disputed charges to go into escrow while you appeal.

Safe discharge plan before any move

Beginning October 1, 2026, before any move the home must create a written post‑discharge care plan. It must list your medical and basic needs, your next address, and steps for a safe, stable setting. A social worker or qualified staff coordinates the plan and meets with you within 10 days. The plan is made with your doctor, a registered nurse, and other needed staff; if you cannot join, the home must document why.

Stronger Medicaid protections in nursing homes

Beginning October 1, 2026, a Medicaid‑certified home cannot make you pay as a private resident during any time you are Medicaid‑eligible. The home also cannot discharge you just because you receive Medicaid. If you are or become Medicaid‑eligible, a discharge is presumed illegal. This presumption does not apply to a nonpayment discharge when you were not eligible for medical assistance at the time.

Tighter rules on forced nursing home moves

Beginning October 1, 2026, nursing homes can only force a move for five reasons: the home cannot meet your needs, your health improved, someone’s safety is at risk, you did not pay after notice, or the home closes. The home must send you only to the place named in the written notice. It cannot move you until the new facility confirms it will accept you and is ready.

Clear notices and timelines before discharge

Beginning October 1, 2026, homes must use a plain‑language notice that lists the date, reasons, place, planner contact, and how to ask for a hearing. They must give it at least 30 days before a non‑emergency move and also send it to your representative, the Ombudsman, and the Department. In a true emergency that puts health or safety in serious danger, the home must still give written notice as soon as possible. If details change, the home must send an updated notice; most updates pause the move for 30 days. A 7‑day hold applies if the new place is another licensed nursing facility. Updated notices must say what changed and, in most cases, restate how to appeal; small date‑only changes may not include full appeal info.

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Sponsors & Cosponsors

Sponsor

Lesley J. Lopez
Democratic • House

Cosponsors

Tiffany T. Alston
Democratic • House
Heather Bagnall
Democratic • House
Bonnie Cullison
Democratic • House
Linda Foley
Democratic • House
Guy Guzzone
Democratic • Senate
Terri L. Hill
Democratic • House
Thomas S. Hutchinson
Republican • House
Aaron M. Kaufman
Democratic • House
Nicholaus R. Kipke
Republican • House
Todd B. Morgan
Republican • House
Ashanti Martinez
House
Teresa E. Reilly
Republican • House
Samuel I. Rosenberg
Democratic • House
Kim Ross
Democratic • House
Steve Johnson
Democratic • House
Kathy Szeliga
Republican • House
Deni Taveras
Democratic • House
Jennifer White Holland
Democratic • House
Greg Wims
Democratic • House
Teresa Woorman
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 171 • No: 0

Senate vote • 4/6/2026

Third Reading Passed

Yes: 46 • No: 0 • Other: 1

House vote • 3/21/2026

Third Reading Passed

Yes: 125 • No: 0 • Other: 8

Actions Timeline

Approved by the Governor - Chapter 24
4/14/2026
Returned Passed
4/7/2026House
Third Reading Passed (46-0)
4/6/2026Senate
Favorable Adopted Second Reading Passed
3/31/2026Senate
Favorable Report by Finance
3/30/2026Senate
Referred Finance
3/23/2026Senate
Third Reading Passed (125-0)
3/21/2026House
Second Reading Passed with Amendments
3/20/2026House
Favorable with Amendments {193327/1 Adopted
3/20/2026House
Favorable with Amendments Report by Health
3/20/2026House
Hearing 2/25 at 1:00 p.m.
2/9/2026House
First Reading Health
2/6/2026House

Bill Text

Enacted
4/14/2026
PDF
Third Reading
3/20/2026
PDF
First Reading
2/6/2026
PDF

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