Utah Admin. Code R432-270-12 - Transfer or Discharge Requirements
(1)
The licensee may discharge, transfer, or evict a resident for one or more of
the following reasons:
(a) the resident's
needs are no longer able to be met because the resident poses a threat to the
health or safety to self or others, or the resident's required medical
treatment is no longer able to be provided;
(b) the resident fails to pay for services as
required by the admission agreement;
(c) the resident fails to comply with written
policies or rules of the facility;
(d) the resident wishes to transfer;
or
(e) the facility ceases to
operate.
(2) Before a
resident transfer or discharge is initiated, the licensee shall ensure a
transfer or discharge notice is served upon the resident and the resident's
responsible person. Before a resident transfer or discharge is initiated, the
licensee shall:
(a) ensure the notice is
delivered either by hand or by certified mail; and
(b) ensure the notice is served at least 30
days before the day of planned resident transfer or discharge, unless notice
for a shorter period of time is necessary to protect:
(i) the safety of individuals in the facility
from endangerment due to the medical or behavioral status of the
resident;
(ii) the health of the
individuals in the facility from endangerment due to the resident's continued
residency;
(iii) an immediate
transfer or discharge is required by the resident's urgent medical needs;
or
(iv) the resident has not
resided in the facility for at least 30 days.
(3) The licensee shall ensure that the notice
of transfer or discharge:
(a) is in writing
with a copy placed in the resident file;
(b) is phrased in a manner and in a language
that is most likely to be understood by the resident and the resident's
responsible person;
(c) details the
reasons for transfer or discharge;
(d) states the effective date of transfer or
discharge;
(e) states the location
where the resident will be transferred or discharged, if known;
(f) states that the resident may request a
conference to discuss the transfer or discharge; and
(g) contains the following information:
(i) the name, mailing address, email address,
and telephone number of the state long term care ombudsman;
(ii) for facility residents with
developmental disabilities, the mailing address and telephone number of the
agency responsible for the protection and advocacy of developmentally disabled
individuals established under the Developmental Disabilities Assistance and
Bill of Rights Act, Part C; and
(iii) for facility residents who are mentally
ill, the mailing address and telephone number of the agency responsible for the
protection and advocacy of mentally ill individuals established under the
Protection and Advocacy for Mentally Ill Individuals Act.
(4) The licensee shall:
(a) update the transfer or discharge notice
as soon as practicable before the transfer or discharge if information in the
notice changes before the transfer or discharge;
(b) verbally explain to the resident, the
services available through the ombudsman and the contact information for the
ombudsman; and
(c) send a copy of
the notice described in Subsection
R432-270-12(2)
to the state long- term care ombudsman:
(i)
on the same day that the facility delivers the notice described in Subsection
R432-270-12(2)
to the resident and the resident's responsible person; and
(ii) provide the notice described in
Subsection R432-270-12(2)
at least 30 days before the day that the resident is transferred or discharged,
unless notice for a shorter period is necessary to protect the safety of
individuals in the facility from endangerment due to the medical or behavioral
status of the resident.
(5) The licensee shall ensure the preparation
and orientation is provided and documented, in a language and manner the
resident is most likely to understand, for a resident to ensure a safe and
orderly transfer or discharge from the facility.
(6)
(a) The
resident or the resident's responsible person may contest a transfer or
discharge. If the transfer or discharge is contested, the licensee shall
provide an informal conference, except where undue delay might jeopardize the
health, safety, or well-being of the resident or others.
(b) The resident or the resident's
responsible person shall request the conference within five calendar days of
the day of receipt of notice of discharge to determine if a satisfactory
resolution can be reached.
(c)
Participants in the conference shall include the facility representatives, the
resident or the resident's responsible person, and any others requested by the
resident or the resident's responsible person.
(7) In the event of a facility closure, the
licensee shall provide written notification of the closure to the state
long-term care ombudsman, each resident of the facility, and each resident's
responsible person.
(8) The
licensee may not discharge a resident for the sole reason that the resident or
the resident's legal representative requests to install or operate a monitoring
device in the individual's room in accordance with Section
26B-2-236 Monitoring Device --
Installation, notice, and consent--Liability.
Notes
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