Mich. Admin. Code R. 400.14302 - Resident admission and discharge policy; house rules; emergency discharge; change of residency; restricting resident's ability to make living arrangements prohibited; provision of resident records at time of discharge
Rule 302.
(1) A
home shall have a written admission and discharge policy. The policy shall be
made available to a resident and his or her designated
representative.
(2) A licensee may
establish house rules. House rules, if established, shall be provided, in
writing, to the resident or the resident's designated representative and
responsible agency upon admission to the home or, if established after a
resident's admission to the home, immediately thereafter. House rules shall not
conflict with these rules.
(3) A
licensee shall provide a resident and his or her designated representative with
a 30-day written notice before discharge from the home. The written notice
shall state the reasons for discharge. A copy of the written notice shall be
sent to the resident's designated representative and responsible agency. The
provisions of this subrule do not preclude a licensee from providing other
legal notice as required by law.
(4)
A licensee may discharge a resident before the 30-day notice when the licensee
has determined and documented that any of the following exists:
(a) Substantial risk to the resident due to
the inability of the home to meet the resident's needs or assure the safety and
well-being of other residents of the home.
(b) Substantial risk, or an occurrence, of
self-destructive behavior.
(c)
Substantial risk, or an occurrence, of serious physical assault.
(d) Substantial risk, or an occurrence, of
the destruction of property.
(5) A licensee who proposes to discharge a
resident for any of the reasons listed in subrule (4) of this rule shall take
the following steps before discharging the resident:
(a) The licensee shall notify the resident,
the resident's designated representative, the responsible agency, and the adult
foster care licensing consultant not less than 24 hours before discharge. The
notice shall be in writing and shall include all of the following information:
(i) The reason for the proposed discharge,
including the specific nature of the substantial risk.
(ii) The alternatives to discharge that have
been attempted by the licensee.
(iii) The location to which the resident will
be discharged, if known.
(b) The licensee shall confer with the
responsible agency or, if the resident does not have a responsible agency, with
adult protective services and the local community mental health emergency
response service regarding the proposed discharge. If the responsible agency
or, if the resident does not have a responsible agency, adult protective
services does not agree with the licensee that emergency discharge is
justified, the resident shall not be discharged from the home. If the
responsible agency or, if the resident does not have a responsible agency,
adult protective services agrees that the emergency discharge is justified,
then all of the following provisions shall apply:
(i) The resident shall not be discharged
until an appropriate setting that meets the resident's immediate needs is
located.
(ii) The resident shall
have the right to file a complaint with the department.
(iii) If the department finds that the
resident was improperly discharged, the resident shall have the right to elect
to return to the first available bed in the licensee's adult foster care
home.
(6) A
licensee shall not change the residency of a resident from one home to another
without the written approval of the resident or the resident's designated
representative and responsible agency.
(7) A licensee shall not restrict the
resident's ability to make his or her own living arrangements.
(8) At the time of discharge, a licensee
shall provide copies of resident records to the resident and his or her
designated representative when requested, and as determined appropriate, by the
resident or his or her designated representative. A fee that is charged for
copies of resident records shall not be more than the cost to the licensee of
making the copies available.
Notes
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