Utah Admin. Code R432-150-20 - Admission, Transfer, and Discharge
(1)
Each licensee shall develop written admission, transfer, and discharge policies
and make these policies available to the public upon request.
(2) The licensee shall permit each resident
to remain in the facility, and not transfer or discharge the resident from the
facility unless:
(a) the health or safety of
an individual in the facility is endangered;
(b) the licensee ceases to operate the
facility;
(c) the resident has
failed, after reasonable and appropriate notice, to pay for a stay at the
facility;
(d) the transfer or
discharge is appropriate because the resident's health has improved
sufficiently so the resident no longer needs the services provided by the
facility; or
(e) the transfer or
discharge is necessary for the resident's welfare and the resident's needs
cannot be met in the facility.
(3) The licensee may not deny an individual
admission to a secure memory care unit for the sole reason that the individual
or the individual's legal representative requests to install or operate a
monitoring device in the individual's room in accordance with Section
26B-2-236.
(4) The licensee may not discharge an
individual 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 secure memory care unit room in accordance with Section
26B-2-236.
(5)
(a) The licensee shall ensure resident
transfers or discharges are documented under any of the circumstances specified
in Subsection R432-150-22(1),
in the resident's medical record.
(b) The licensee shall ensure the transfer or
discharge documentation is made by:
(i) a
physician if transfer or discharge is necessary under Subsection
R432-150-22(1)(c);
or
(ii) the resident's physician if
transfer or discharge is necessary under Subsections
R432-150-22(1)(a) and
(b).
(6) Before the transfer or discharge of a
resident, the licensee must ensure:
(a) a
written notification of the transfer or discharge and the reasons for the
transfer or discharge to the resident is provided in a language and manner the
resident understands, and, if known, to a family member or legal representative
of the resident;
(b) the notice
includes:
(i) the effective date of transfer
or discharge;
(ii) the location
where the resident is transferred or discharged;
(iii) the name, address, and telephone number
of the state and local long term care ombudsman programs; and
(iv) the reason for transfer or discharge;
and
(c) the reasons are
recorded in the resident's clinical record.
(7)
(a)
Except when specified in Subsection
R432-150-21(6)(a),
the licensee must ensure the notice of transfer or discharge required under
Subsection R432-150-(21)(4), is made by the licensee at least 30 days before
the resident is transferred or discharged.
(b) The licensee may issue the notice of
transfer or discharge as soon as practicable before transfer or discharge if:
(i) a resident has not resided in the
facility for 30 days;
(ii) an
immediate transfer or discharge is required by the resident's urgent medical
needs;
(iii) the resident's health
improves sufficiently to allow a more immediate transfer or discharge;
and
(iv) the safety or health of
individuals in the facility would be endangered if the resident is not
transferred or discharged sooner.
(c) The licensee shall ensure that the notice
for a resident with developmental disabilities contains the mailing address and
telephone number of the Disability Law Center that is responsible for the
protection and advocacy of developmentally disabled individuals.
(d) The licensee shall ensure that the notice
for a resident who is mentally ill contains the mailing address and telephone
number of the Disability Law Center who is responsible for the protection and
advocacy of mentally ill individuals established under the Protection and
Advocacy for Mentally Ill Individuals Act.
(8) The licensee shall provide discharge
planning to prepare and orient a resident to ensure safe and orderly transfer
or discharge from the facility.
(9)
Before a licensee transfers a resident to a hospital or allows a resident to go
on therapeutic leave, the licensee must ensure:
(a) a written policy is established and
followed for when a resident whose hospitalization or therapeutic leave exceeds
the bed-hold period may be readmitted to the facility;
(b) notification is provided as soon as
possible following a transfer necessitated by a medical emergency;
(c) written notice is provided to the
resident and a family member or responsible person, that specifies the duration
of the bed-hold policy at the time of transfer of a resident to a hospital or
for therapeutic leave; and
(d)
written notification and information is provided to the resident and a family
member or legal representative that specifies:
(i) the duration of the bed-hold policy, if
any, and the resident is permitted to return and resume residence in the
facility; and
(ii) the policies
regarding bed-hold periods permitting a resident to return.
(10) The licensee shall
establish and maintain identical policies and practices regarding transfer,
discharge, and the provision of services for each individual regardless of pay
source.
(11) The licensee shall
have a written transfer agreement in effect with one or more hospitals to
ensure that:
(a) medical and other
information needed for care and treatment of the resident is exchanged between
facilities including documentation of reasons for a less expensive setting;
(b) security and accountability of
personal property of the individual transferred is maintained; and
(c) the resident is transferred from the
facility to the hospital and ensured of timely admission to the hospital when
transfer is medically necessary as determined by the attending
physician.
Notes
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.
No prior version found.