38 CFR 52.80 - Enrollment, transfer and discharge rights.
(a) Participants in the adult day health care program must meet the provisions of this part that apply to participants and -
(1) Must meet at least two of the following indicators:
(i) Dependence in two or more activities of daily living (ADLs).
(ii) Dependence in three or more instrumental activities of daily living (IADLs).
(iii) Advanced age, i.e., 75 years old or over.
(iv) High use of medical services, i.e., three or more hospitalizations in past 12 months; or 12 or more hospitalizations, outpatient clinic visits; or emergency evaluation unit visits, in the past 12 months.
(v) Diagnosis of clinical depression.
(vi) Recent discharge from nursing home or hospital.
(vii) Significant cognitive impairment, particularly when characterized by multiple behavior problems;
(2) Must have a supportive living arrangement sufficient to meet their health care needs when not participating in the adult day health care program; and
(3) Must be able to benefit from the adult day health care program.
(b)Transfer and discharge -
(1)Definition. Transfer and discharge includes movement of a participant to a program outside of the adult day health care program whether or not that program or facility is in the same physical plant.
(2)Transfer and discharge requirements. All participants' preparedness for discharge from adult day health care must be a part of a comprehensive care plan. The possible reasons for discharge must be discussed with the participant and family members at the time of intake screening. Program management must permit each participant to remain in the program, and not transfer or discharge the participant from the program unless -
(i) The transfer or discharge is necessary for the participant's welfare and the participant's needs cannot be met in the adult day health care setting;
(ii) The transfer or discharge is appropriate because the participant's health has improved sufficiently so the participant no longer needs the services provided in the adult day health care setting;
(iii) The safety of individuals in the program is endangered;
(iv) The health of individuals in the program would otherwise be endangered;
(v) The participant has failed, after reasonable and appropriate notice, to pay for participation in the adult day health care program; or
(vi) The adult day health care program ceases to operate.
(3)Documentation. When the facility transfers or discharges a participant under any of the circumstances specified in paragraphs (b)(2)(i) through (vi) of this section, the primary physician must document the reason for such action in the participant's clinical record.
(4)Notice before transfer. Before a facility transfers or discharges a participant, the program management must -
(i) Notify the participant and a family member or legal representative of the participant of the transfer or discharge and the reasons for the move in writing and in a language and manner they can understand;
(ii) Record the reasons in the participant's clinical record; and
(iii) Include in the notice the items described in paragraph (a)(6) of this section.
(5)Timing of the notice.
(i) The notice of transfer or discharge required under paragraph (b)(4) of this section must be made by program management at least 30 days before the participant is transferred or discharged, except when specified in paragraph (b)(5)(ii) of this section.
(ii) Notice may be made as soon as practicable before transfer or discharge when -
(A) The safety of individuals in the program would be endangered;
(B) The health of individuals in the program would be otherwise endangered;
(C) The participant's health improves sufficiently so the participant no longer needs the services provided by the adult day health care program;
(D) The resident's needs cannot be met in the adult day health care program.
(6)Contents of the notice. The written notice specified in paragraph (b)(4) of this section must include the following:
(i) The reason for transfer or discharge;
(ii) The effective date of transfer or discharge;
(iii) The location to which the participant is transferred or discharged, if any;
(v) The name, address and telephone number of the State long-term care ombudsman.
(7)Orientation for transfer or discharge. The program management must provide sufficient preparation and orientation to participants to ensure safe and orderly transfer or discharge from the program.
(c)Equal access to quality care. The program management must establish and maintain identical policies and practices regarding transfer, discharge, and the provision of services for all individuals regardless of source of payment.
(d)Enrollment policy. The program management must not require a third party guarantee of payment to the program as a condition of enrollment or expedited enrollment, or continued enrollment in the program. However, program management may require a participant or an individual who has legal access to a participant's income or resources to pay for program care from the participant's income or resources, when available.
(e)Hours of operation. Each adult day health care program must provide at least 8 hours of operation five days a week. The hours of operation must be flexible and responsive to caregiver needs.
(f)Caregiver support. The adult day health care program must develop a Caregiver Program which offers mutual support, information and education.