PT 5-05

Medical Care Programs

Maryland Department of Health and Mental Hygiene

201 W. Preston Street. Baltimore, Maryland 21201

Robert L. Ehrlich, Jr., Governor -Michael S. Steele, Lt. Governor -Nelson J. Sabatini, Secretary

MARYLAND MEDICAL ASSISTANCE PROGRAM

Nursing Home Transmittal No. 190

September 30, 2004

TO: Nursing Home administrators

FROM: Susan J. Tucker, Executive Director

Office of Health Services

~: Please ensure that appropriate staff members in your organization

are informed of the contents of this transmittal.

RE: House Bill 946/Senate Bill 620

House Bill 946/Senate Bill 620

House Bill 946/Senate Bill 620, passed during the 2004 legislative session,

places new requirements on nursing facilities and requires the Department of

Health and Mental Hygiene to reach out to nursing facility residents who have

indicated a preference to return to the community. This transmittal is intended to

explain the new legislative requirements. A copy of the bill is enclosed for your

reference.

Options Counseling for Nursing Facility Residents

Beginning in September 2004, registered nurses from the Delmarva Foundation for

Medical Care will seek out nursing facility residents who are eligible for Medicaid

and who have expressed a preference to live in the community. Upon identifying

appropriate residents, the Delmarva nurses will talk to residents about their

options for accessing home and community-based services. Where appropriate,

nurses will contact family members of the resident. In many cases, the nurses

will make referrals to community programs. The nurses will perform this service

in conjunction with quarterly on-site reviews of medical records.

A nursing facility resident may express a preference to return to the community at

any time, to any type of nursing facility staff. Section Q of the Minimum Data Set

also includes an indicator regarding preference to return to the community. State

law requires that nursing facilities refer all residents who have expressed a desire

to return to the community to the Department or its designee. Therefore, when

Toll Free 1-877-4MD-DHMH. TTY for Disabled -Maryland Relay Service 1-800-735-2258

Web Site: www.dhmh.state.rnd.us

Page 2

Delmarva arrives for the on-site reviews, social work staff at the facility should be

prepared to refer residents to Delmarva. Nursing facility staff may also make

immediate referrals at any time by contacting the facility's regular Delmarva

reviewer or calling Karen Mesko at 1-800-999-3362. Please note that this

process does not negate a nursing facility's ongoing responsibility to assist with

discharge planning for residents.

Information on Community-based Services

Since October 2002, State law has required that social workers in nursing homes

present residents with information on home and community-based services

waivers and other programs that might help them live in the community.

Specifically, social workers are required to share a document that describes

Medicaid programs that could enable the resident to live in the community. The

information sheet must be made available to residents "upon admission or

discharge of the resident," and "when the resident indicates a preference to

return to the community, either during the resident's quarterly assessment or at

any other time."

The law further requires that the social worker request that the resident sign an

acknowledgement of receipt of the information sheet. This acknowledgement

should be kept in the resident's medical record.

House Bill 946/Senate Bill 620 updates this section of statute and requires

DHMH to add additional information to the information sheet. A copy of the

updated information sheet is enclosed. You will be responsible for copying the

information sheet as necessary and continuing to ask each resident to sign an

acknowledgement of receipt of the information sheet.

Any questions regarding this transmittal should be directed to the Nursing Home

Section of the Division of Long Term Care Services at (410) 767-1444.

Enclosures

cc: Area Agencies on Aging

Centers for Independent Living

Delmarva Foundation for Medical Care

Department of Aging

Department of Disabilities

Department of Human Resources

Long Term Care Ombudsmen I

Nursing Home Liaison Committee i

Office of Health Care Quality

...~."--

If you want to go home,

there may be a way!

I wish I could get the

Get long term care services

in the community!

~~~~

If Medical Assistance pays for any part of your nursing home

care, you may be able to get care and services in your own

community home instead of in a nursing home.

In the last few years, hundreds of people have moved out of

nursing homes to receive services in the community. There

are several programs that provide services in the community.

We can help you decide which one may be right for you and

help you apply. Just let us know.

If you would like to learn more about services that may help

you move back to the community, ask a social worker at your

nursing home, or contact one of the places listed on the back

of this page.

This document is produced by the Maryland Department of Health and Mental Hygiene. By law, nursing homes must give

this information to every nursing home resident who indicates a preference to return to the community.

State Government

Department of Disabilities (NEW) 410-767-3660

Department of Human Resources 410-767-7479

Office of Personal Assistance Services

Maryland Department on Aging 1-800-AGE-DIAL

Adult Evaluation and Review Services (AERS) 410-767-6767

Developmental Disabilities Administration Central MD 410-902-4509

Western MD 301-791-4670

Southern MD 301-362-5100

Eastern Shore 410-334-6920

Advocacy

Making Choices for Independent Living (Central MD) 410-444-1400

Independence Now (PG & Montgomery Counties) 301-277-2839

Eastern Shore Center for Independent Living 800- 705- 7944

Southern MD Center for L.I.F .E. 301-884-4498/5110

Freedom Center (Frederick & Carroll Counties) 301-846- 7811

Resources for Independence (Western Maryland) 800-371-1986

Brain Injury Association of Maryland 800-221-6443

Statewide Independent Living Council 877-543-3344

Le al Resources

Legal Aid Bureau Assisted Maryland Disability Law Center

Living/Nursing Home Program (MDLC)

1-800-367-7563 1-800-233-7201

www.mdlab.org TDD number: 410-727-6387

www.mdlcbalto.org

The Assisted Living/Nursing Home MDLC is a non-profit legal services

Program provides legal assistance to established by federal and state law to

financially eligible nursing home residents advocate for the rights of persons with

anywhere in Ma land. disabilities in Ma land

This document is produced by the Maryland Department of Health and Mental Hygiene. By law, nursing homes must give

this information to every nursing home resident who indicates a preference to return to the community.

-~