When you have issued a notice to discharge towards a resident or you can no longer provide the care they require to live in your community, you must give due diligence to assist them in the coordination of their move to a safe location of their choosing. For more information check out the regulation below provided by ALLHRD:
144G.55 COORDINATED MOVES.
Subdivision 1. Duties of the facility.
(a) If a facility terminates an assisted living contract, reduces services to the extent that a resident needs to move, or conducts a planned closure under section 144G.57, the facility:
(1) must ensure, subject to paragraph (c), a coordinated move to a safe location that is appropriate for the resident and that is identified by the facility prior to any hearing under section 144G.54;
(2) must ensure a coordinated movement of the resident to an appropriate service provider identified by the facility prior to any hearing under section 144G.54, provided services are still needed and desired by the resident; and
(3) must consult and cooperate with the resident, legal representative, designated representative, case manager for a resident who receives home and community-based waiver services under chapter 256S and section 256B.49, relevant health professionals, and any other persons of the resident’s choosing to make arrangements to move the resident, including consideration of the resident’s goals.
(b) A facility may satisfy the requirements of paragraph (a), clauses (1) and (2), by moving the resident to a different location within the same facility, if appropriate for the resident.
(c) A resident may decline to move to the location the facility identifies or to accept services from a service provider the facility identifies and may choose instead to move to a location of the resident’s choosing or receive services from a service provider of the resident’s choosing within the timeline prescribed in the termination notice.
(d) Sixty days before the facility plans to reduce or eliminate one or more services for a particular resident, the facility must provide written notice of the reduction that includes:
(1) a detailed explanation of the reasons for the reduction and the date of the reduction;
(2) the contact information for the Office of Ombudsman for Long-Term Care and the name and contact information of the person employed by the facility with whom the resident may discuss the reduction of services;
(3) a statement that if the services being reduced are still needed by the resident, the resident may remain in the facility and seek services from another provider; and
(4) a statement that if the reduction makes the resident need to move, the facility must participate in a coordinated movement of the resident to another provider or caregiver, as required under this section.
(e) In the event of an unanticipated reduction in services caused by extraordinary circumstances, the facility must provide the notice required under paragraph (d) as soon as possible.
(f) If the facility, a resident, a legal representative, or a designated representative determines that a reduction in services will make a resident need to move to a new location, the facility must ensure a coordinated move in accordance with this section, and must provide notice to the Office of Ombudsman for Long-Term Care.
(g) Nothing in this section affects a resident’s right to remain in the facility and seek services from another provider.
Subd. 2.Safe location.
A safe location is not a private home where the occupant is unwilling or unable to care for the resident, a homeless shelter, a hotel, or a motel. A facility may not terminate a resident’s housing or services if the resident will, as the result of the termination, become homeless, as that term is defined in section 116L.361, subdivision 5, or if an adequate and safe discharge location or adequate and needed service provider has not been identified. This subdivision does not preclude a resident from declining to move to the location the facility identifies.
Subd. 3.Relocation plan required.
The facility must prepare a relocation plan to prepare for the move to the new location or service provider.
Top Takeaways:
- (b) A facility may satisfy the requirements of paragraph (a), clauses (1) and (2), by moving the resident to a different location within the same facility, if appropriate for the resident.
This could be an instance when a resident is an elopement risk or showing signs of dementia related diseases and may be appropriate for a secure dementia unit. If they are appropriate for this setting it would behoove the resident to remain in the community due to familiarity with staff and setting.
- 2.Safe location.
A safe location is not a private home where the occupant is unwilling or unable to care for the resident, a homeless shelter, a hotel, or a motel. A facility may not terminate a resident’s housing or services if the resident will, as the result of the termination, become homeless, as that term is defined in section 116L.361, subdivision 5, or if an adequate and safe discharge location or adequate and needed service provider has not been identified. This subdivision does not preclude a resident from declining to move to the location the facility identifies.
No matter why the resident is leaving your community it your duty to discharge them to a safe location. A safe location is somewhere that will be able to meet their needs. If you cannot find a safe location, you may not be able to discharge the resident.