481—57.13(135C) Admission, transfer, and discharge.
57.13(1) General admission policies.
a. No resident shall be admitted to or retained in a residential care facility who is in need of greater
services than the facility can provide. (II, III)
b. No residential care facility shall admit more residents than the number of beds for which it is
licensed. (II, III)
c. There shall be no more beds erected than is stipulated on the license. (II, III)
d. There shall be no more beds erected in a room than its size and other characteristics will permit.
e. The admission of a resident to a residential care facility shall not give the facility or any
employee of the facility the right to manage, use, or dispose of any property of the resident except with
the written authorization of the resident or the resident’s legal representative. (III)
f. The admission of a resident shall not grant the residential care facility the authority or
responsibility to manage the personal affairs of the resident except as may be necessary for the safety
of the resident and safe and orderly management of the residential care facility as required by these
g. A residential care facility shall provide for the safekeeping of personal effects, funds, and other
property of its residents. The facility may require that items of exceptional value or which would convey
unreasonable responsibilitiesto the licensee be removed from the premises of the facility forsafekeeping.
h. Rescinded, effective 7/14/82.
i. Funds or properties received by the residential care facility, belonging to or due a resident,
expendable for the resident’s account, shall be trust funds. (III)
j. Infants and children under the age of 16 shall not be admitted to health care facilities for adults
unless given prior written approval by the department. A distinct part of a health care facility, segregated
from the adult section, may be established based on a program of care submitted by the licensee or
applicant which is commensurate with the needs of the residents of the health care facility and has
received the department’s review and approval. (III)
k. No health care facility, and no owner, administrator, employee or representative thereof shall
act as guardian, trustee, or conservator for any resident’s property, unless such resident is related to the
person acting as guardian within the third degree of consanguinity. (III)
l. Upon the verified petition of the county board of supervisors, the district court may appoint the
administrator of a county care facility as conservator or guardian or both of a resident of such county care
facility. Such administrator shall serve as conservator or guardian or both without fee. The administrator
may establish either separate or common bank accounts for cash funds of such resident wards. (III)
57.13(2) Discharge or transfer.
a. Prior notification shall be made to the next of kin, legal representative, attending physician, and
sponsoring agency, if any, prior to transfer or discharge of any resident. (III)
b. Proper arrangements shall be made by the residential care facility for the welfare of the resident
prior to the transfer or discharge in the event of an emergency or inability to reach the next of kin or legal
c. The licensee shall not refuse to discharge or transfer a resident when the physician, family,
resident, or legal representative requests such transfer or discharge. (II, III)
d. Advance notification by telephone will be made to the receiving facility prior to the transfer of
any resident. (III)
e. When a resident is transferred or discharged, the appropriate record as set forth in 57.16(1) will
accompany the resident. (II, III)
f. Prior to the transfer or discharge of a resident to another health care facility, arrangements to
provide for continuity of care shall be made with the facility to which the resident is being sent. (II, III)