State Website Full Text (most recent version):
http://www.multistatetech.com/cgi/citesource?sctnys=MDHB7582009
Last Action:
03/27/2009 In House; Unfavorable Report by Health and Government Operations Withdrawn
Primary Synopsis:
FOR the purpose of requiring certain hospitals or related institutions or long-term care facilities to report certain never events within a certain period of time; specifying that a failure to report the never event as required will result in a certain rebuttable presumption; prohibiting a hospital or related institution that has been deemed responsible for a never event from receiving certain reimbursement or payment; requiring a long-term care facility that has been deemed responsible for a never event to make certain reimbursements; requiring the Secretary of Health and Mental Hygiene to seek certain authorizations and approvals from the United States Department of Health and Human Services; specifying that any action taken to enforce the provisions of this Act are in addition to other action allowed under State or federal law; defining certain terms; and generally relating to the reporting of and reimbursement for never events.
Additional Bill Information:
February 11, 2009 Introduced Language-
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article – Health – General
15-146.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
(2) “HOSPITAL” HAS THE MEANING STATED IN SECTION 19-301 OF THIS ARTICLE.
(3) “LONG-TERM CARE FACILITY” MEANS A SKILLED NURSING FACILITY, INTERMEDIATE CARE FACILITY, INTERMEDIATE CARE FACILITY-MENTAL RETARDATION, CHRONIC HOSPITAL, TUBERCULOSIS HOSPITAL, OR MENTAL HOSPITAL.
(4) “NEVER EVENT” MEANS ANY OCCURRENCE OR CONDITION IDENTIFIED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES AS A NEVER EVENT.
(5) “RELATED INSTITUTION” HAS THE MEANING STATED IN SECTION 19-301 OF THIS ARTICLE.
(B) (1) IF A HOSPITAL OR RELATED INSTITUTION ADMITS OR TREATS A PATIENT FROM A LONG-TERM CARE FACILITY FOR A NEVER EVENT, THE HOSPITAL OR RELATED INSTITUTION SHALL REPORT THE NEVER EVENT TO THE SECRETARY AND THE CENTERS FOR MEDICARE AND MEDICAID SERVICES NO LATER THAN 10 DAYS AFTER THE ADMISSION OR TREATMENT.
(2) IF A HOSPITAL OR RELATED INSTITUTION FAILS TO MAKE THE REPORT REQUIRED BY PARAGRAPH (1) OF THIS SUBSECTION, THERE IS A REBUTTABLE PRESUMPTION THAT THE NEVER EVENT OCCURRED AT THE HOSPITAL OR RELATED INSTITUTION UNLESS THE NEVER EVENT WAS PREVIOUSLY REPORTED BY THE LONG-TERM CARE FACILITY.
(C) (1) IF A LONG-TERM CARE FACILITY ADMITS OR READMITS A PATIENT WHO HAS EXPERIENCED A NEVER EVENT IN A HOSPITAL OR RELATED INSTITUTION, THE LONG-TERM CARE FACILITY SHALL REPORT THE NEVER EVENT TO THE SECRETARY AND THE CENTERS FOR MEDICARE AND MEDICAID SERVICES NO LATER THAN 10 DAYS AFTER THE ADMISSION OR READMISSION.
(2) IF A LONG-TERM CARE FACILITY FAILS TO MAKE THE REPORT REQUIRED BY PARAGRAPH (1) OF THIS SUBSECTION, THERE IS A REBUTTABLE PRESUMPTION THAT THE NEVER EVENT OCCURRED AT THE LONG-TERM CARE FACILITY UNLESS THE NEVER EVENT WAS PREVIOUSLY REPORTED BY THE HOSPITAL OR RELATED INSTITUTION.
(D) IF A HOSPITAL OR RELATED INSTITUTION IS DEEMED RESPONSIBLE FOR A NEVER EVENT, THE HOSPITAL OR RELATED INSTITUTION MAY NOT RECEIVE REIMBURSEMENT FROM THE PROGRAM OR MEDICARE FOR ANY TREATMENT RELATED TO THE NEVER EVENT.
(E) IF A LONG-TERM CARE FACILITY IS DEEMED RESPONSIBLE FOR A NEVER EVENT, THE LONG-TERM CARE FACILITY:
(1) MAY NOT RECEIVE REIMBURSEMENT FROM THE PROGRAM OR MEDICARE FOR ANY TREATMENT RELATED TO THE NEVER EVENT; AND
(2) SHALL REIMBURSE THE PROGRAM OR MEDICARE FOR ANY PAYMENTS MADE BY THE PROGRAM OR MEDICARE TO A HOSPITAL OR RELATED INSTITUTION FOR TREATMENT RELATED TO THE NEVER EVENT.
(F) THE SECRETARY SHALL SEEK ANY AUTHORIZATIONS OR APPROVALS REQUIRED TO IMPLEMENT THIS SECTION FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(G) ANY ACTION TAKEN TO ENFORCE THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO AND NOT IN PLACE OF ANY OTHER ACTION ALLOWED UNDER STATE OR FEDERAL LAW. …
Status:
02/11/2009 In House; First Reading Health and Government Operations
02/25/2009 In House; Hearing 3/5
03/27/2009 In House; Unfavorable Report by Health and Government Operations Withdrawn
Sponsor:
Eckardt
