Discharge or Transfer of Residents

In the state of Virginia, Assisted Living Facilities have the right to discharge a resident based upon factors such as violation of resident agreement, no longer being able to meet the residents needs and any other reason they deem fit. Be sure to be well versed in the regulation below before issuing a 30-day notice to residents:

22VAC40-73-430. Discharge of residents.

  1. When actions, circumstances, conditions, or care needs occur that will result in the discharge of a resident, discharge planning shall begin immediately, and there shall be documentation of such, including the beginning date of discharge planning. The resident shall be moved within 30 days, except that if persistent efforts have been made and the time frame is not met, the facility shall document the reason and the efforts that have been made.
  2. As soon as discharge planning begins, the assisted living facility shall notify the resident, the resident’s legal representative, and designated contact person if any, of the planned discharge, the reason for the discharge, and that the resident will be moved within 30 days unless there are extenuating circumstances relating to the inability to place the resident in another setting within the time frame referenced in subsection A of this section. Written notification of the actual discharge date and place of discharge shall be given to the resident, the resident’s legal representative and contact person, if any, and additionally for public pay residents, the eligibility worker, and assessor, at least 14 days prior to the date that the resident will be discharged.
  3. The assisted living facility shall adopt and conform to a written policy regarding the number of days notices that are required when a resident wishes to move from the facility. Any required notice of intent to move shall not exceed 30 days.
  4. The facility shall assist the resident and his legal representative, if any, in the discharge or transfer process. The facility shall help the resident prepare for relocation, including discussing the resident’s destination. Primary responsibility for transporting the resident and his possessions rests with the resident or his legal representative.
  5. When a resident’s condition presents an immediate and serious risk to the health, safety, or welfare of the resident or others and emergency discharge is necessary, the 14-day advance notification of planned discharge does not apply, although the reason for the relocation shall be discussed with the resident and, when possible, his legal representative prior to the move.
  6. Under emergency conditions, the resident’s legal representative, designated contact person, family, caseworker, social worker, or any other persons, as appropriate, shall be informed as rapidly as possible, but no later than the close of the day following discharge, of the reasons for the move. For public pay residents, the eligibility worker and assessor shall also be so informed of the emergency discharge within the same time frame. No later than five days after discharge, the information shall be provided in writing to all those notified.
  7. For public pay residents, in the event of a resident’s death, the assisted living facility shall provide written notification to the eligibility worker and assessor within five days after the resident’s death.
  8. Discharge statement
  9. At the time of discharge, the assisted living facility shall provide to the resident and, as appropriate, his legal representative and designated contact person a dated statement signed by the licensee or administrator that contains the following information:
  10. The date on which the resident, his legal representative, or designated contact person was notified of the planned discharge and the name of the legal representative or designated contact person who was notified;
  11. The reason or reasons for the discharge;
  12. The actions were taken by the facility to assist the resident in the discharge and relocation process; and
  13. The date of the actual discharge from the facility and the resident’s destination.
  14. A copy of the written statement shall be retained in the resident’s record.
  15. When the resident is discharged and moves to another caregiving facility, the assisted living facility shall provide to the receiving facility such information related to the resident as is necessary to ensure continuity of care and services. Original information pertaining to the resident shall be maintained by the assisted living facility from which the resident was discharged. The assisted living facility shall maintain a listing of all information shared with the receiving facility.
  16. Within 60 days of the date of discharge, each resident or his legal representative shall be given a final statement of account, any refunds due, and return of any money, property, or things of value held in trust or custody by the facility.

Top Takeaways:

  • When actions, circumstances, conditions, or care needs occur that will result in the discharge of a resident, discharge planning shall begin immediately, and there shall be documentation of such, including the beginning date of discharge planning. The resident shall be moved within 30 days, except that if persistent efforts have been made and the time frame is not met, the facility shall document the reason and the efforts that have been made.

As soon as it is recognized that a resident requires to be discharged from the facility you must begin documenting the circumstances surrounding the DC as well as the plan for how the discharge shall be handled. Make sure you take into consideration to any factors that will delay the discharge.

  • Within 60 days of the date of discharge, each resident or his legal representative shall be given a final statement of account, any refunds due, and return of any money, property, or things of value held in trust or custody by the facility

If you do not provide the resident with the final disposition of the discharge within the 60-day time frame you could find your facility at the subject of an investigation. Be prompt in any delivery of refund, statement of account or items of value.

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