Managing a resident transfer or discharge
In the state of Nevada, residential facilities have the right to discharge a resident based upon factors such as violation of resident agreement, inability to meet the residents needs and other issues such as behavioral tendencies. Be sure to be well versed in the following regulation provided by the Nevada Department of Health and Human Services before issuing a discharge notice to residents:
NAC 449.2706 Transfer of resident whose condition deteriorates. (NRS 449.0302)
1. If a resident’s condition deteriorates to such an extent that:
(a) The residential facility is unable to provide the services necessary to treat the resident properly; or
(b) The resident no longer complies with the requirements for admission to the facility,
Ê the facility shall plan for the transfer of the resident pursuant to NRS 449A.100 and 449A.103 to another facility that is able to provide the services necessary to treat the resident properly.
2. A resident, his or her next of kin and the responsible agency, if any, must be consulted and adequate arrangements must be made to meet the resident’s needs through other means before he or she permanently leaves the facility.
[Bd. of Health, Group Care Facilities §§ 10.1-10.3, eff. 12-18-75] — (NAC A 3-6-86; R003-97, 10-30-97; R073-03, 1-22-2004)
NAC 449.2707 Transfer of resident: Effective date. (NRS 449.0302) The transfer of a resident from a residential facility occurs:
1. Except as otherwise provided in subsection 2, on the date that the resident is admitted to the facility to which he or she is moved; or
2. If the resident is moved to a unit or department of a hospital, other than the emergency department of the hospital, on the date that the resident is accepted at the hospital for care or observation.
(Added to NAC by Bd. of Health by R071-04, eff. 8-4-2004)
NAC 449.2708 Discharge of resident; notice of discharge; issuance of notice to quit to resident for improper or harmful behavior. (NRS 449.0302)
1. A resident may be discharged from a residential facility without his or her approval if:
(a) The resident fails to pay his or her bill within 5 days after it is due;
(b) The resident fails to comply with the rules or policies of the facility; or
(c) The administrator of the facility or the Bureau determines that the facility is unable to provide the necessary care for the resident.
2. Except as otherwise provided in this section, before a resident may be discharged from a residential facility without his or her approval pursuant to this section, the facility must provide the resident, his or her representative and the person who pays the bill on behalf of the resident, if any, with written notice that the resident will be discharged.
3. A residential facility shall discharge a resident who is transferred pursuant to NRS 449A.100 and 449A.103 and admitted to another facility for a higher level of care. Written notice pursuant to subsection 2 that the resident will be discharged is not required if the condition of the resident necessitates immediate transfer to receive emergency care.
4. If the resident or any of his or her visitors are engaging in behavior which is a threat to the mental or physical health or safety of the resident or other persons in the facility, the facility may issue a notice to quit to the resident. The notice to quit must include:
(a) The reasons for its issuance, with specific facts relating to the date, time and place of the incidents that posed a threat to the physical or mental health or safety of the resident or other persons in the facility; and
(b) The names of persons who witnessed the incidents and the circumstances under which the incidents occurred.
Ê If the resident or his or her visitors do not comply with the notice to quit, the resident may be discharged from the facility without his or her approval pursuant to subsection 2.
- A resident, his or her next of kin and the responsible agency, if any, must be consulted and adequate arrangements must be made to meet the resident’s needs through other means before he or she permanently leaves the facility.
It is best to work with the resident family to find placement for them upon giving a notice of discharge. You do not want to be accused of “dumping” a resident or not assisting them with finding proper arrangements.