R432-270-11. Transfer or Discharge Requirements

  (1) A resident may be discharged, transferred, or evicted for one or more of the following reasons:

  (a) The facility is no longer able to meet the resident's needs because the resident poses a threat to health or safety to self or others, or the facility is not able to provide required medical treatment.

  (b) The resident fails to pay for services as required by the admission agreement.

  (c) The resident fails to comply with written policies or rules of the facility.

  (d) The resident wishes to transfer.

  (e) The facility ceases to operate.

  (2) Prior to a facility initiated transfer or discharge of a resident, the facility shall serve a transfer or discharge notice upon the resident and the resident's responsible person.

  (a) The notice shall be either hand-delivered or sent by certified mail.

  (b) The notice shall be made at least 30 days before the day on which the facility plans to transfer or discharge the resident, unless;

  (i) notice for a shorter period of time is necessary to protect:

  (A) the safety of individuals in the facility from endangerment due to the medical or behavioral status of the resident;

  (B) the health of the individuals in the facility from endangerment due to the resident's continued residency;

  (C) an immediate transfer or discharge is required by the resident's urgent medical needs; or

  (D) the resident has not resided in the facility for at least 30 days.

  (3) The notice of transfer or discharge shall:

  (a) be in writing with a copy placed in the resident file;

  (b) be phrased in a manner and in a language that is most likely to be understood by the resident and the resident's responsible person;

  (c) detail the reasons for transfer or discharge;

  (d) state the effective date of transfer or discharge;

  (e) state the location to which the resident will be transferred or discharged, if known;

  (f) state that the resident may request a conference to discuss the transfer or discharge; and

  (g) contain the following information:

  (i) the name, mailing address, email address and telephone number of the State Long Term Care Ombudsman;

  (ii) for facility residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under part C of the Developmental Disabilities Assistance and Bill of Rights Act; and

  (iii) for facility residents who are mentally ill, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under the Protection and Advocacy for Mentally Ill Individuals Act.

  (4) The facility shall:

  (i) update the transfer or discharge notice as soon as practicable before the transfer or discharge if information in the notice changes before the transfer or discharge;

  (ii) orally explain to the resident, the services available through the ombudsman and the contact information for the ombudsman;

  (iii) send a copy, in English, of the notice described in Subsection (2) to the State Long Term Care Ombudsman:

  (A) on the same day on which the facility delivers the notice described in Subsection (2) to the resident and the resident's responsible person; and

  (B) provide the notice described in Subsection (2) at least 30 days before the day on which the resident is transferred or discharged, unless notice for a shorter period of time is necessary to protect the safety of individuals in the facility from endangerment due to the medical or behavioral status of the resident.

  (5) The facility shall provide and document the provisions of preparation and orientation, in a language and manner the resident is most likely to understand, for a resident to ensure a safe and orderly transfer or discharge from the facility.

  (6) The resident or the resident's responsible person may contest a transfer or discharge. If the transfer or discharge is contested, the facility shall provide an informal conference, except where undue delay might jeopardize the health, safety, or well-being of the resident or others.

  (a) The resident or the resident's responsible person must request the conference within five calendar days of the day of receipt of notice of discharge to determine if a satisfactory resolution can be reached.

  (b) Participants in the conference shall include the facility representatives, the resident or the resident's responsible person, and any others requested by the resident or the resident's responsible person.

  (7) In the event of a facility closure, provide written notification of the closure to the State Long Term Care Ombudsman, each resident of the facility, and each resident's responsible person.

  (8) The facility may not discharge a resident for the sole reason that the resident or the resident's legal representative requests to install or operate a monitoring device in the individual's room in accordance with UCA Section 26-21-304.