Or. Admin. Code § 309-035-0170 - Standards for Residency Transfers and Discharges
(1) Each
provider's transfer and discharge policy and procedure must designate the
program staff responsible for each step of the process for transferring or
discharging residency. The provider must designate responsibilities organized
and assigned to promote a fair and efficient transfer and discharge process.
Unless otherwise designated as a condition of licensing or in contract language
approved by the Division, the program administrator is responsible for
initiating and coordinating transfer and discharge proceedings. The provider
must make reasonable efforts to prevent unnecessary transfer and discharges by
making reasonable accommodations within the program and setting.
(2) A resident or a resident's legal
representative as applicable, may terminate residency in a facility upon
providing at least 30-days' written notice. Upon mutual agreement between the
administrator and the resident or resident's legal representative as
applicable, less than 30 days' notice may be provided. This agreement may be
limited under a court, OHA, CMHP, or PSRB order. The provider must immediately
document the resident's notification of intent to voluntarily move in the
resident records.
(3) If a
resident's behavior poses a serious and immediate threat to the health or
safety of others in or near the program or setting, the program administrator,
after providing 24 hours advance written notice to the resident, the resident's
legal representative or the supervisory entity, if applicable, the CMHP and
Division specifying the cause(s), may initiate an involuntary transfer or
discharge. The notice must specify the resident's right to an administrative
hearing for involuntary transfer or discharge in accordance with these rules.
The resident has the right to remain in the facility until due process is
complete or supervisory entity has ordered otherwise.
(4) When other circumstances arise providing
grounds for issuing a notice of involuntary transfer or discharge under this
section, the program administrator must discuss these grounds with the
resident, the resident's legal representative or the supervising entity, if
applicable, and with the resident's or the resident's legal representative's
permission, other persons with an interest in the resident's circumstances. If
a decision is made to transfer or discharge the resident, the program
administrator must provide at least 30 days' written notice specifying the
cause(s) for the notice and the ODHS/OHA form MSC 0443, Administrative Hearing
Request, to the resident, the resident's legal representative or supervisory
entity, if applicable, the CMHP and the Division. This notice must also specify
the resident's right to an administrative hearing.
(5) Early transfer or discharge may occur
with less than 30 days advance notice with the mutual agreement of the program
administrator and the resident when the resident does not have a legal
representative and is not under the jurisdiction of a supervisory entity, or
the resident's legal representative, if applicable, when the resident is not
under the jurisdiction of a supervisory entity, or the supervisory entity, if
applicable.
(6) Grounds for
transfer or discharge include the following:
(a) The resident no longer needs or desires
services provided by the program and expresses a desire to move to an
alternative setting, unless the resident is placed with the provider by a
supervisory entity, or with the consent of the resident's legal
representative;
(b) The resident is
assessed by a Licensed Medical Professional or other qualified health
professional to require services such as continuous nursing care or extended
hospitalization that are not available or cannot be reasonably arranged at the
facility;
(c) The resident's
behavior is continuously and significantly disruptive or poses a threat to the
health or safety of self or others, and these behavioral concerns cannot be
adequately addressed with services available at the setting or with services
that can be arranged outside of the program setting;
(d) The resident cannot safely evacuate the
setting in accordance with the setting's Occupancy Classification after efforts
described in OAR 309-035-0145(6)(b) have been taken;
(e) Nonpayment of room and board fees in
accordance with program's fee policy; and
(7) Except in the case of emergency transfer
or discharge, or crisis-respite services, a pre-transfer and discharge meeting
must be held with the resident, the resident's legal representative or the
supervising entity, if applicable, the CMHP, and with the resident's or the
resident's legal representative's permission, others interested in the
resident's circumstances. The purpose of the meeting is to plan any
arrangements necessitated by the transfer and discharge decision. The meeting
must be scheduled to occur at least two weeks prior to the transfer or
discharge date. In the event a pre-transfer and discharge meeting is not held,
the reason must be documented in the resident service record.
(8) Documentation of discussions and meetings
held concerning transfer and discharge of a resident and copies of notices must
be maintained in the resident service record.
(9) Except when a facility has had its
license revoked, not renewed, suspended, voluntarily surrendered, or terminates
its Medicaid contract, a resident who received a notice of involuntary transfer
and discharge is entitled to an administrative hearing:
(a) Provided the resident or the resident's
legal representative, if applicable, completes and submits the administrative
hearing request (form MSC 0443) to the CMHP and the Division:
(A) Within ten (10) business days from the
date a 30-day notice of involuntary transfer and discharge was received;
or
(B) Within five (5) business
days from the date a less than 30-day notice of involuntary transfer and
discharge was received.
(b) The resident may receive assistance in
submitting the request for an administrative hearing. If requested by the
resident, program staff must be available to assist the resident.
(c) The program remains responsible for the
provision of care and services during the administrative hearing process unless
and until the resident has moved including the provision of one-to-one
supervision if necessary to ensure the safety of all residents.
(d) The Division will review the notice of
transfer or discharge to verify the notice meets the regulatory criteria. If
the notice does not meet the regulatory criteria, the Division will notify the
provider they must withdraw the notice.
(10) If the notice of transfer and discharge
meets the regulatory criteria, the Division will notify the Office of
Administrative Hearings of the request for an administrative hearing and for
less than 30-day notices, will request an expedited hearing be held within five
(5) business days.
(11) At the time
of transfer or discharge of a resident, the resident must be provided a written
statement of account, any balance of funds held by the program, and all
property held in trust or custody by the program. In the case of a resident's
property being left at the setting for longer than seven days after resident
has moved, the program must make a reasonable attempt to contact the resident
or the resident's legal representative, if applicable. The program must allow
the resident or the resident's legal representative, if applicable, at least 15
calendar days to make arrangements concerning the property. If the program
determines that the resident has abandoned the property, the program may then
dispose of the property. If the property is sold, proceeds of the sale minus
the amount of any expenses incurred and any amounts owed the program by or on
behalf of the resident must be forwarded to the resident or the resident's
legal representative, if applicable.
(12) As placement pursuant to a court, OHA,
CMHP, or PSRB order is contingent on the continued jurisdiction of a
supervisory entity, the end of services or the resident's revocation ordered by
that supervisory entity is not considered an automatic termination of
residency.
(13) If a resident moves
out of the setting without providing notice or is absent without notice for
more than seven consecutive days, the provider may initiate transfer or
discharge process. The provider must make an attempt to contact the resident
and must contact the resident's legal representative or supervisory entity, if
applicable, and with the resident's or the resident's legal representative's
permission, if applicable, others interested in the resident's circumstances to
confirm the resident's intent to discontinue residency.
(14) If a resident is incarcerated and the
provider is notified by the supervisory entity that the resident will remain
incarcerated for longer than 30 days, the provider may initiate the transfer or
discharge process. The resident must be permitted to return to the facility if
they are released prior to the final date indicated on the notice.
(15) When a resident's right to an
administrative hearing for involuntary transfer or discharge is initiated, the
Division may determine the notice was issued wrongfully, and take action on the
facility's license up to and including revocation as outlined in OAR
309-035-0280.
(16) Upon transfer or
discharge from the facility, program staff must offer two doses of an
FDA-approved short-acting, non-injectable, opioid antagonist medication to the
resident. If the resident accepts, program staff must:
(a) Provide the resident with an instruction
card on the use of short-acting, non-injectable, opioid antagonist medication;
and
(b) Document distribution of
the short-acting, non-injectable, opioid antagonist medication in the
resident's record.
Notes
Statutory/Other Authority: ORS 413.042 & 443.450
Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Each provider 's transfer and discharge policy and procedure must designate the program staff responsible for each step of the process for transferring or discharging residency. The provider must designate responsibilities organized and assigned to promote a fair and efficient transfer and discharge process. Unless otherwise designated as a condition of licensing or in contract language approved by the Division , the program administrator is responsible for initiating and coordinating transfer and discharge proceedings. The provider must make reasonable efforts to prevent unnecessary transfer and discharges by making reasonable accommodations within the program and setting .
(2) A resident or a resident 's legal representative as applicable, may terminate residency in a facility upon providing at least 30-days' written notice. Upon mutual agreement between the administrator and the resident or resident 's legal representative as applicable, less than 30 days' notice may be provided. This agreement may be limited under a court, OHA , CMHP , or PSRB order. The provider must immediately document the resident 's notification of intent to voluntarily move in the resident records.
(3) If a resident 's behavior poses a serious and immediate threat to the health or safety of others in or near the program or setting , the program administrator , after providing 24 hours advance written notice to the resident , the resident 's legal representative or the supervisory entity , if applicable, the CMHP and Division specifying the cause(s), may initiate an involuntary transfer or discharge. The notice must specify the resident 's right to an administrative hearing for involuntary transfer or discharge in accordance with these rules. The resident has the right to remain in the facility until due process is complete or supervisory entity has ordered otherwise.
(4) When other circumstances arise providing grounds for issuing a notice of involuntary transfer or discharge under this section, the program administrator must discuss these grounds with the resident , the resident 's legal representative or the supervising entity, if applicable, and with the resident 's or the resident 's legal representative 's permission, other persons with an interest in the resident 's circumstances. If a decision is made to transfer or discharge the resident , the program administrator must provide at least 30 days' written notice specifying the cause(s) for the notice and the ODHS/OHA form MSC 0443, Administrative Hearing Request, to the resident , the resident 's legal representative or supervisory entity , if applicable, the CMHP and the Division . This notice must also specify the resident 's right to an administrative hearing.
(5) Early transfer or discharge may occur with less than 30 days advance notice with the mutual agreement of the program administrator and the resident when the resident does not have a legal representative and is not under the jurisdiction of a supervisory entity , or the resident 's legal representative , if applicable, when the resident is not under the jurisdiction of a supervisory entity , or the supervisory entity , if applicable.
(6) Grounds for transfer or discharge include the following:
(a) The resident no longer needs or desires services provided by the program and expresses a desire to move to an alternative setting , unless the resident is placed with the provider by a supervisory entity , or with the consent of the resident 's legal representative ;
(b) The resident is assessed by a Licensed Medical Professional or other qualified health professional to require services such as continuous nursing care or extended hospitalization that are not available or cannot be reasonably arranged at the facility ;
(c) The resident 's behavior is continuously and significantly disruptive or poses a threat to the health or safety of self or others, and these behavioral concerns cannot be adequately addressed with services available at the setting or with services that can be arranged outside of the program setting ;
(d) The resident cannot safely evacuate the setting in accordance with the setting 's Occupancy Classification after efforts described in OAR 309-035-0145(5)(b) have been taken;
(e) Nonpayment of room and board fees in accordance with program 's fee policy; and
(7) Except in the case of emergency transfer or discharge, or crisis-respite services , a pre-transfer and discharge meeting must be held with the resident , the resident 's legal representative or the supervising entity, if applicable, the CMHP , and with the resident 's or the resident 's legal representative 's permission, others interested in the resident 's circumstances. The purpose of the meeting is to plan any arrangements necessitated by the transfer and discharge decision. The meeting must be scheduled to occur at least two weeks prior to the transfer or discharge date. In the event a pre-transfer and discharge meeting is not held, the reason must be documented in the resident service record .
(8) Documentation of discussions and meetings held concerning transfer and discharge of a resident and copies of notices must be maintained in the resident service record .
(9) Except when a facility has had its license revoked, not renewed, suspended, voluntarily surrendered, or terminates its Medicaid contract , a resident who received a notice of involuntary transfer and discharge is entitled to an administrative hearing:
(a) Provided the resident or the resident 's legal representative , if applicable, completes and submits the administrative hearing request (form MSC 0443) to the CMHP and the Division :
(A) Within ten (10) business days from the date a 30-day notice of involuntary transfer and discharge was received; or
(B) Within five (5) business days from the date a less than 30-day notice of involuntary transfer and discharge was received.
(b) The resident may receive assistance in submitting the request for an administrative hearing. If requested by the resident , program staff must be available to assist the resident .
(c) The program remains responsible for the provision of care and services during the administrative hearing process unless and until the resident has moved including the provision of one-to-one supervision if necessary to ensure the safety of all residents.
(d) The Division will review the notice of transfer or discharge to verify the notice meets the regulatory criteria. If the notice does not meet the regulatory criteria, the Division will notify the provider they must withdraw the notice.
(10) If the notice of transfer and discharge meets the regulatory criteria, the Division will notify the Office of Administrative Hearings of the request for an administrative hearing and for less than 30-day notices, will request an expedited hearing be held within five (5) business days.
(11) At the time of transfer or discharge of a resident , the resident must be provided a written statement of account, any balance of funds held by the program , and all property held in trust or custody by the program . In the case of a resident 's property being left at the setting for longer than seven days after resident has moved, the program must make a reasonable attempt to contact the resident or the resident 's legal representative , if applicable. The program must allow the resident or the resident 's legal representative , if applicable, at least 15 calendar days to make arrangements concerning the property. If the program determines that the resident has abandoned the property, the program may then dispose of the property. If the property is sold, proceeds of the sale minus the amount of any expenses incurred and any amounts owed the program by or on behalf of the resident must be forwarded to the resident or the resident 's legal representative , if applicable.
(12) As placement pursuant to a court, OHA , CMHP , or PSRB order is contingent on the continued jurisdiction of a supervisory entity , the end of services or the resident 's revocation ordered by that supervisory entity is not considered an automatic termination of residency.
(13) If a resident moves out of the setting without providing notice or is absent without notice for more than seven consecutive days, the provider may initiate transfer or discharge process. The provider must make an attempt to contact the resident and must contact the resident 's legal representative or supervisory entity , if applicable, and with the resident 's or the resident 's legal representative 's permission, if applicable, others interested in the resident 's circumstances to confirm the resident 's intent to discontinue residency.
(14) If a resident is incarcerated and the provider is notified by the supervisory entity that the resident will remain incarcerated for longer than 30 days, the provider may initiate the transfer or discharge process. The resident must be permitted to return to the facility if they are released prior to the final date indicated on the notice.
(15) When a resident 's right to an administrative hearing for involuntary transfer or discharge is initiated, the Division may determine the notice was issued wrongfully, and take action on the facility 's license up to and including revocation as outlined in OAR 309-035-0280.
(16) Upon transfer or discharge from the facility , program staff must offer two doses of an FDA-approved short-acting, non-injectable, opioid antagonist medication to the resident . If the resident accepts, program staff must:
(a) Provide the resident with an instruction card on the use of short-acting, non-injectable, opioid antagonist medication ; and
(b) Document distribution of the short-acting, non-injectable, opioid antagonist medication in the resident 's record.
Notes
Statutory/Other
Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991