Discharge or Transfer of Residents

In the state of Maryland, Assisted Living Facilities have the right to discharge a resident based upon
factors such as; violation of the resident agreement, no longer being able to meet the resident’s needs and
other situations. Be sure to be well versed in the regulation below before issuing a 30-day notice to

.33 Relocation and Discharge.

A. Relocation within the Facility.
(1) The assisted living program may not relocate a resident within the facility except in accordance with the
terms and conditions of the resident agreement.
(2) An assisted living program shall notify a resident and the resident’s representative at least 5 days before a
nonemergency relocation within the facility and obtain the consent of the resident or resident’s representative.
(3) A licensee shall document in the resident’s record how the requirements of this regulation have been met.

B. Discharge.
(1) Discharge of a resident or transfer to another facility or address without the consent of the resident or the
resident’s representative shall be in accordance with the resident agreement.
(2) An assisted living program shall notify a resident or the resident’s representative within 30 days before a
non-emergency discharge.
(3) In the event of an emergency, the program shall notify the resident or the resident’s representative as quickly
as possible and document the reason for the emergency and abbreviated notice.

C. When the resident is discharged to another facility, the assisted living program shall provide to the receiving
facility any information related to the resident that is necessary to ensure continuity of care and services, including at
a minimum, the:
(1) Current physician’s orders;
(2) Medication administration records; and
(3) Most current resident assessment.

D. In the event of a health emergency requiring the transfer to an acute care facility, a copy of an emergency data
sheet shall accompany the resident to an acute care facility. This data sheet shall include at least:
(1) The resident’s full name, date of birth, Social Security number, if known, and insurance information;
(2) The name, telephone number, and address of the resident’s representative;(3) The resident’s current documented diagnoses;
(4) Current medications are taken by the resident;
(5) The resident’s known allergies if any;
(6) The name and telephone number of the resident’s physician;
(7) Any relevant information concerning the event that precipitated the emergency; and
(8) Appended copies of:
(a) Advance directives;
(b) Emergency Medical Services (EMS/DNR) Form; and
(c) Guardianship orders or powers of attorney, if any.

E. Within 30 days of the date of discharge, the assisted living program shall:
(1) Give each resident or resident’s agent:
(a) A final statement of account; and
(b) Any refunds due; and
(2) Return any money, property, or valuables held in trust or custody by the program.

F. If requested by an individual during the process of discharging a resident, or on its own initiative, the Office of
the Attorney General may:
(1) Investigate whether an abuse of a resident’s funds contributed to the decision to discharge the resident; and
(2) Make appropriate referrals of the matter to other government agencies.

Pro Tip:
• If you cannot meet the residents needs or their behavior has exceeded the level you can
handle there MUST be documentation on the instances of noncompliance