Transfer and Discharge
(i) Residents shall receive a thirty (30) day written notice prior to any facility
initiated transfer or discharge, unless the resident imposes an imminent danger to self and/or
others or the resident’s level of care exceeds that which can be provided by an assisted living
facility. Residents shall have the right to object to the request, except where undue delay might
jeopardize the health, safety or well-being of the resident or others. The notice shall include
contact information for the Long Term Care Ombudsman.
(ii) Residents may be asked to leave only for the following reasons:
(A) The facility has had its license revoked, not renewed, or
voluntarily surrendered;
(B) The facility cannot meet the resident’s needs;
(C) The resident or responsible person has a documented established
pattern, in the facility, of not abiding by agreements necessary for assisted living;
(D) Non-payment of charges; or
(E) The resident engages in behavior which imposes an imminent
danger to self and/or to others.
(iii) Residents who object to the request to leave the facility shall be given the
opportunity of an informal conference. This informal conference must be requested within ten
(10) days of the resident’s notice to leave the facility. The purpose of the conference is to
determine if a satisfactory resolution can be reached. Participants in the conference may include
a facility representative, the resident, and at the resident’s request, a family member, and/or legal
representative of the resident, and the Long Term Care Ombudsman. The informal conference is
not to be considered an administrative hearing.
(iv) Residents transferred to another health care facility shall be given written
transfer/discharge notice which includes:
(A) The name of the resident;
(B) The reason for the transfer/discharge;
(C) The effective date of the transfer/discharge;
(D) The location to which the resident is transferred/discharged;
(E) The name, address, and telephone number of the Ombudsman; and
(F) A listing of all outside contracted services.
(v) The facility shall provide sufficient preparation and orientation to
residents to ensure an orderly transfer/discharge from the facility.
(vi) A copy of the written resident assistance plan shall be provided to the
resident prior to transfer/discharge.