Relocation and Discharge | MD

Relocation and Discharge.

  1. Relocation within the Facility.

(1) The [assisted living program] licensee 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] A licensee 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.

  1. 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.

  1. 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] medication and treatment orders;

(2)  Medication administration records; and

(3) Most current [resident assessment] Resident Assessment Tool.

  1. 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 name and telephone number of the resident’s health care practitioner;

(4) The resident’s current documented diagnoses;

(5) Current medications taken by the resident;

(6) The resident’s known allergies, if any;

[(6) The name and telephone number of the resident’s physician;]

(7) The resident’s dietary restrictions, if any;

(8) Any relevant information concerning the event that precipitated the emergency; and

(9) Appended copies of:

(a) Advance directives;

(b) Medical Orders for Life-Sustaining Treatment (MOLST) form

(c) Emergency Medical Services (EMS/DNR) Form; and

(d) Guardianship orders or powers of attorney, if any.

  1. Within 30 days of the date of discharge, the assisted living program shall:

(1) Give each resident or resident’s [agent] representative:

(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.

  1. 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.

10.07.14.34

 .30 Resident’s Representative.

  1. [An assisted living program] A licensee shall recognize the authority of:

(1) A guardian of the person under Estates and Trusts Article, §13-705, Annotated Code of Maryland;

(2) A guardian of the property under Estates and Trusts Article, §13-201, Annotated Code of Maryland;

(3) An advance directive that meets the requirements of Health-General Article, §5-602, Annotated Code of Maryland;

(4) A surrogate decision maker with authority under Health-General Article, §5-605, Annotated Code of Maryland;

(5) A power of attorney that meets the requirements of Estates and Trusts Article, §13-601, Annotated Code of Maryland;

(6) A representative payee or other similar fiduciary; or

(7) Any other person, if that person was designated by a resident who was competent at the time of designation, and the resident or representative has provided the assisted living program with documentation of the designation.

  1. An assisted living program shall document in the resident’s record the name of the person, if any, with the authority identified in §A of this regulation or include the documentation in the record.
  2. An assisted living program may not recognize the authority of a resident’s representative if the representative attempts to exceed the authority:

(1) Stated in the instrument that grants the representative authority; or

(2) Established by State law.

[D. A licensee who commits financial exploitation of a resident shall be in violation of this chapter as well as applicable civil and criminal laws.]