MarylandSB 04932026 Regular SessionSenate

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

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

30-day notice and updated move rules

Beginning October 1, 2026, a nursing facility must give at least 30 days’ written notice before any involuntary transfer or discharge. It must also notify your next of kin or representative, the Long-Term Care Ombudsman, and the Department. The state provides a simple standard form that lists the date, reasons, the place, who will plan your discharge, and how to request a hearing or legal help. If details change, a new notice is required. In most cases, you get at least 30 more days. If the new place is a different licensed nursing facility, you get at least seven days. If it changes to a nonlicensed but clinically safe place, you get at least 30 days. If only the date changes and the original place was a licensed nursing facility, you can be moved as soon as a bed opens. In an emergency that puts health or safety in imminent, serious danger, notice may be shorter but must be given as soon as practicable.

Hearing rights and escrow in payment disputes

Starting October 1, 2026, you have a right to a hearing before an involuntary discharge or transfer. The Secretary sets the hearing rules, and an administrative law judge decides the case. The judge’s decision is final unless you appeal in court; filing an appeal does not automatically pause the decision. For nonpayment cases, the regulations may allow disputed payments to be held in an escrow account while you remain in the facility during your appeal.

Medicaid residents shielded from forced moves

Starting October 1, 2026, a Medicaid-certified nursing facility cannot make you pay privately for any time you are eligible for Medicaid. The facility cannot transfer or discharge you just because you receive Medicaid. If you are or become Medicaid-eligible, the law presumes a violation unless the issue is nonpayment from a time you were not eligible for medical assistance.

Safe placement and care planning first

Starting October 1, 2026, a facility cannot involuntarily move you to a hotel, shelter, or other temporary housing. It may only move you to the place named in the notice, and only after that place confirms it will accept you and is ready. Before any discharge or transfer, the facility must make a post-discharge care plan. The plan lists your goals, care needs, equipment and supports, the address where you will live, and how the setting will be safe and sustainable. A social worker or qualified staff coordinates the plan, meets with you within 10 days when possible, and consults your doctor and nurse.

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: 1

Senate vote • 3/20/2026