A. Mandatory Transfer or Discharge
The Director shall, in consultation with the resident and the representative, if applicable, assist in planning and implementing the transfer or discharge of the resident when:
1. the resident’s physician certifies that the resident needs continuous nursing care, other than on a temporary basis not to exceed ninety (90) days, as allowed under
8823.A.2, and the resident or responsible person is unable or unwilling to provide private duty care and assumes full responsibility for such care. In this
the situation, plans for other placement must be made as soon as possible;
2. the resident’s condition is such that he or she is a danger to self or others or is consistently disruptive to the peace and order of the facility, staff services, or other
3. the resident gives the notice to vacate the facility.
B. Optional Transfer or Discharge
1. The Director may, in consultation with the resident and the representative, if applicable, plan and implement the transfer or discharge of the resident when:
a. the resident’s adjustment to the facility is not satisfactory as determined by the Director in consultation with the resident or his or her representative.
It is the responsibility of the Director to contact the resident’s representative, if applicable, and request assistance to help the resident in
adjusting. This request is to be made at the first indication of an adjustment problem;
b. the resident or representative has failed to pay all fees and costs stated in the admission agreement or otherwise materially breached the admission agreement.
2. It is the responsibility of the Adult Residential Facility to assure that needed services are provided, even if those services are to be provided by the resident’s
family or by an outside source under contract with the resident. When it comes to the attention of a Provider that a resident is being neglected (as defined under
8813.A) due to the failure of the family or the contracted outside agency to provide needed services, the Adult Residential Facility may initiate a transfer or
discharge of the resident.
C. Requirements for Discharge or Transfer
1. When a discharge or transfer is initiated by the Provider, the Director must provide the resident, and his/her representative, if applicable, with thirty (30) days
prior written notice citing the reason for the discharge or transfer, except shorter notice may be given in cases where the resident is a danger to self or others or is
in need of services that the Provider cannot provide.
2. At the request of the resident or representative, copies of all pertinent information shall be given to the Director of the licensed facility to which the resident moves.
D. Discharge Records
1. The following discharge information shall be recorded in the resident’s record:
a. date of discharge;
b. destination, if known; and,
c. reason(s) for leaving, if known.
2. Discharge records shall be retained for at least three (3) years