Ch. 19, § 4. Screening for Mental Illness and Intellectual Disability

(a) Mental Illness. (i) A nursing facility must not admit an individual with a mental illness unless before admission, the SMHA determines, based on a physical and mental evaluation performed by an entity other than SMHA, that the individual requires nursing facility services because of the individual's physical and mental condition. (ii) If an individual requires nursing facility services, the SMHA must also determine whether the individual requires specialized services. (b) Intellectual disability. (i) A nursing facility must not admit an individual with an intellectual disability unless, before admission, the SIDA determines, based on a physical and mental evaluation performed by an entity other than the SIDA, that the individual requires nursing facility services because of the individual's physical and mental condition. (ii) If an individual requires nursing facility services, the SIDA must also determine whether the individual requires specialized services. (c) A nursing facility that admits an individual with a mental illness or an individual with an intellectual disability before a determination of appropriate placement is subject to: (i) Denial of Medicaid payment for an otherwise Medicaid-eligible individual; and (ii) Regardless of the individual's source of payment for nursing facility services, the Department may impose any of the remedies specified in Chapter 5