Termination of residency
In the state of Arizona, Assisted Living Facilities have the right to discharge a resident based upon factors such as violation of resident agreement, the facility no longer being able to meet the resident’s needs or any other reason they deem fit. Be sure to be well versed in the regulation below before issuing a notice to discharge residents:
- A manager may terminate residency of a resident as follows:
- Without notice, if the resident exhibits behavior that is an immediate threat to the health and safety of the resident or other individuals in an assisted living facility;
- With a 14-calendar-day written notice of termination of residency:
- For nonpayment of fees, charges, or deposit; or
- Under any of the conditions in subsection (C); or
- With a 30-calendar-day written notice of termination of residency, for any other reason.
- A manager shall ensure that the written notice of termination of residency in subsection (G) includes:
- The date of notice;
- The reason for termination;
- The policy for refunding fees, charges, or deposits;
- The deposition of a resident’s fees, charges, and deposits; and
- Contact information for the State Long-Term Care Ombudsman.
- A manager shall provide the following to a resident when the manager provides the written notice of termination of residency in subsection (G):
- A copy of the resident’s current service plan, and
- Documentation of the resident’s freedom from infectious tuberculosis.
- If an assisted living facility issues a written notice of termination of residency as provided in subsection (G) to a resident or the resident’s representative because the resident needs services the assisted living facility is either not licensed to provide or is licensed to provide but not able to provide, a manager shall ensure that the written notice of termination of residency includes a description of the specific services that the resident needs that the assisted living facility is either not licensed to provide or is licensed to provide but not able to provide.
Top Takeaways:
- With a 14-calendar-day written notice of termination of residency:
- For nonpayment of fees, charges, or deposit; or
- Under any of the conditions in subsection (C);
(1. The individual requires continuous: a. Medical services; b. Nursing services, unless the assisted living facility complies with A.R.S. § 36- 401(C); or c. Behavioral health services; 2. The primary condition for which the individual needs assisted living services is a behavioral health issue; 3. The services needed by the individual are not within the assisted living facility’s scope of services and a home health agency or hospice service agency is not involved in the care of the individual; 4. The assisted living facility does not have the ability to provide the assisted living services needed by the individual; or 5. The individual requires restraints, including the use of bedrails.)
While the default length of a discharge notice is 30 days there are instances where you are able to expedite the discharge is certain considerations are met. If you have a resident who is in default of payment or if you no longer are able to meet their clinical needs, you can issue the resident a 14 days’ notice. It is suggested you have documentation to back up your case as to why you want to speed up the discharge process.
- A manager shall ensure that the written notice of termination of residency in subsection (G) includes:
- The date of notice;
- The reason for termination;
- The policy for refunding fees, charges, or deposits;
- The deposition of a resident’s fees, charges, and deposits; and
- Contact information for the State Long-Term Care Ombudsman.
When issuing a notice of termination, you need to be sure to include the information above to ensure you are compliant with The Bureau of Residential Facilities Licensing. If you do not provide the resident with this information and an appeal is filed, you may risk being cited.