22H .0202 - TRANSFER AND DISCHARGE REQUIREMENTS

22H .0202. TRANSFER AND DISCHARGE REQUIREMENTS

(a) To transfer or discharge a resident, a facility shall comply with all of the requirements of 42 C.F.R. 483.15, which is adopted and incorporated by reference with subsequent changes or amendments and available free of charge at https://www.ecfr.gov/.

(b) In addition to the requirements in Paragraph (a) of this Rule, a resident and, if contact information is available, a family member or legal representative of the resident, shall be notified in writing of a facility's decision to transfer or discharge the resident. The Notice of Transfer or Discharge form shall be used by a facility when giving notice of a transfer or discharge.

(c) Failure to complete the Notice of Transfer or Discharge form shall result in the notice of the transfer or discharge being invalid.

(d) The resident shall be handed the Notice of Transfer or Discharge form on the same day that it is dated.

(e) A copy of the notice of Transfer or Discharge form shall be mailed to the family member or legal representative, if contact information is available, on the same day that it is dated.

(f) The facility shall provide a Nursing Home Hearing Request Form to the resident and to the family member or legal representative, if contact information is available, at the same time as providing the Notice of Transfer or Discharge form.

(Authority G.S. 108A-25(b); 42 USCS 1396r(e)(3), (f)(3); 42 C.F.R. 483.5; 42 C.F.R. 483.12; 42 C.F.R. 483.202; 42 C.F.R. 483.206; Eff. April 1, 1994. Readopted by North Carolina Register Volume 33, Issue 03, August 01, 2018 effective July 1, 2018.)

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