44-106.08. Discharge and transfer.
(a) When a resident wishes to be discharged from an ALR, the resident or surrogate shall give
30 days written notice to the ALR.
(b) When a sudden, unexpected, and life-threatening medical emergency arises necessitating
the immediate transfer of the resident to an acute care facility, the ALR shall immediately
notify the surrogate and the resident’s healthcare provider of the transfer. The ALR shall
provide the surrogate and healthcare provider with information concerning cause of the
transfer and the name and location of the acute care facility.
(c) After a resident is transferred pursuant to subsection (b) of this section, his or her return
to the ALR shall be determined by the renegotiation of the ISP with the resident or surrogate,
the resident’s healthcare provider, and the ALR. If, in renegotiating the ISP, the interested
parties determine that the resident can no longer safely reside at the ALR, discharge planning
shall take place in consultation with the resident or surrogate, the resident’s healthcare
provider, and the ALR. Under these circumstances the ALR shall waive the 30 day notice
(d) Before a resident may be discharged on an involuntary basis, the ALR shall provide 30
days written notice to the resident and surrogate of the planned discharge, and make
arrangements for the discharge in consultation with the resident, the surrogate, and the
healthcare provider. Any involuntary discharge shall conform to the notice and process
established in subchapter III of Chapter 10 of this title.
(e) Although an ALR shall make every effort to avoid discharge, grounds for involuntary
discharge may include the following:
(1) Failure to pay all fees and costs as specified in the contract; and
(2) Inability of the ALR to meet the care needs of the resident as provided in the ISP.
(f) An involuntary discharge shall be canceled upon the occurrence of one of the following:
(1) The payment of all monies owed at any time prior to discharge; or
(2) The negotiation of a new ISP.