MarylandSB 04932026 Regular SessionSenateWALLET

Nursing Facilities - Involuntary Discharge or Transfer

Sponsored By: Pamela Beidle (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; LTCareOmbudsmenResidency -see also- Immigrants and CitizenshipTelephonesTermination of ServicesTimeVulnerable Adults -see also- DevDisab; EldPers; PhysDisab

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Stronger protections for Medicaid nursing home residents

Beginning October 1, 2026, Medicaid‑certified nursing homes cannot require you to pay privately for any time you are eligible for Medicaid. They also cannot discharge you because you are a Medicaid recipient. If you become Medicaid‑eligible, any later discharge is presumed illegal unless the facility proves a valid reason. This presumption does not apply to unpaid bills from a time you were not eligible for Medicaid.

Tighter limits on forced nursing home moves

Beginning October 1, 2026, nursing homes can force a move only for five reasons: the facility cannot meet your needs; your health improves; there is a safety danger; nonpayment after proper notice; or the facility closes. You must be moved only to the place named in the notice, not a hotel or shelter. The new place must confirm it can and is ready to accept you before any move.

Care plan required before nursing home discharge

Beginning October 1, 2026, before any discharge or transfer, the facility must make a written post‑discharge care plan. A social worker or qualified staff must coordinate it and try to meet with you within 10 days after the notice. The plan must list your goals, your medical and basic needs, how they will be met, and the address where you will live. If you cannot take part, the facility must note why and consult your doctor and nurse.

Hearing rights and escrow in discharge disputes

Beginning October 1, 2026, you can ask for a hearing to challenge a forced move. An administrative law judge hears the case under state and Medicaid fair‑hearing rules. The judge’s decision is final unless you appeal, and appealing does not automatically pause the decision. For nonpayment cases, the Secretary may set rules to place disputed payments in an escrow account while you stay during the appeal.

More notice before a nursing home move

Beginning October 1, 2026, facilities must use a plain, standard notice that lists the date, reasons, destination, staff contact, a meeting within 10 days, and how to ask for a hearing. It also gives contacts for Legal Aid, the Long-Term Care Ombudsman, and Disability Rights Maryland. The notice must go to you, your family or representative, the Ombudsman, and the Department at least 30 days before a forced move. If the facility sends a new or updated notice, the move is generally delayed at least 30 days; some changes have shorter waits: seven days for a change to another licensed facility, or the earliest available bed if only the date changes. In an immediate health or safety emergency, the facility may move you right away but must give the written notice as soon as possible.

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Sponsors & Cosponsors

Sponsor

  • Pamela Beidle

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 179 • No: 0

House vote 4/7/2026

Third Reading Passed

Yes: 137 • No: 0 • Other: 3

Senate vote 3/20/2026

Third Reading Passed

Yes: 42 • No: 0 • Other: 4

Actions Timeline

  1. Approved by the Governor - Chapter 25

    4/14/2026
  2. Returned Passed

    4/8/2026Senate
  3. Third Reading Passed (137-0)

    4/7/2026House
  4. Favorable Adopted Second Reading Passed

    4/3/2026House
  5. Favorable Report by Health

    4/3/2026House
  6. Hearing 4/01 at 1:00 p.m.

    3/23/2026House
  7. Referred Health

    3/21/2026House
  8. Third Reading Passed (42-0)

    3/20/2026Senate
  9. Second Reading Passed with Amendments

    3/19/2026Senate
  10. Favorable with Amendments {923426/1 Adopted

    3/19/2026Senate
  11. Favorable with Amendments Report by Finance

    3/19/2026Senate
  12. Hearing 2/24 at 1:00 p.m.

    2/9/2026Senate
  13. Hearing canceled

    2/9/2026Senate
  14. Hearing 2/17 at 1:00 p.m.

    2/3/2026Senate
  15. First Reading Finance

    2/2/2026Senate

Bill Text

  • Enacted

    4/14/2026

  • Third Reading

    3/19/2026

  • First Reading

    2/2/2026

Related Bills

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