§ 20-10-1005 — Procedure for transfer or discharge of residents - Violations

(a) The Department of Human Services shall prescribe through rule the procedure for transfer or discharge of residents to be followed by long-term care facilities. The procedure shall include: (1) Provisions for a written notice to be furnished to the resident, sponsor, and other appropriate parties thirty (30) days before any involuntary transfer or discharge and for rules setting forth the following circumstances for which the written notice need not be furnished: (A) The transfer or discharge is necessary to meet the resident's welfare, and the resident's welfare cannot be met in the facility; (B) The transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility; (C) The safety of individuals in the facility is endangered; (D) The health of individuals in the facility would otherwise be endangered; (E) The resident has failed, after reasonable and appropriate notice, to pay or to have paid under state-administered programs on the resident's behalf an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with federal and state laws, rules, and regulations; or (F) The facility ceases to operate; (2) (A) An appeals process for residents objecting to an involuntary transfer or discharge that places the burden of proof for justification of the transfer or discharge on the facility. (B) The appeals process for objections to transfer or discharge shall include provisions for the resident or sponsor, within seven (7) days upon receipt of the written notice of transfer or discharge, to file a written objection to the transfer. (C) Unless otherwise agreed to by the parties: (i) A hearing shall be scheduled within fourteen (14) days following the filing of the objection; and (ii) A final determination shall be rendered within seven (7) days following the hearing; and (3) The contents of the written notice, including a statement in clear and concise language of the appeals process to be followed by the resident and the time periods in which: (A) The resident must request an appeal; (B) The appeal must be heard; and (C) The earliest date a transfer would be allowed if the decision is against the resident. (b) A request for a hearing shall stay a transfer pending a final determination. (c) If the facility prevails and the final determination is not rendered within seven (7) days of the conclusion of the hearing, the department shall bear the cost of the resident's continued stay in the long-term care facility until such time as the decision is rendered. (d) The facility shall provide preparation and orientation to residents to ensure a safe and orderly transfer or discharge. (e) Failure to comply with the transfer or discharge procedures as prescribed by the department shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.

Legislative History

Amended by Act 2021, No. 1017,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 1017,§ 9, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1895, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1894, eff. 7/24/2019. Acts 1988 (4th Ex. Sess.), No. 17, § 1; 2001, No. 1763, § 1; 2007, No. 827, § 153.