Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Program initiation of
transfer. If a program initiates the involuntary transfer of a tenant
and the action is not the result of a monitoring, including a complaint
investigation or program-reported incident investigation, by the department and
if the tenant or tenant's legal representative contests the transfer, the
following procedures shall apply:
a. The
program shall notify the tenant or tenant's legal representative, in accordance
with the occupancy agreement, of the need to transfer the tenant and of the
reason for the transfer and shall include the contact information for the
office of long-term care ombudsman.
b. The program shall immediately provide to
the office of long-term care ombudsman, by certified mail, a copy of the
notification and notify the tenant's treating physician, if any.
c. Pursuant to statute, the office of
long-term care ombudsman shall offer the notified tenant or tenant's legal
representative assistance with the program's internal appeal process. The
tenant or tenant's legal representative is not required to accept the
assistance of the office of long-term care ombudsman.
d. If, following the internal appeal process,
the program upholds the transfer decision, the tenant or tenant's legal
representative may utilize other remedies authorized by law to contest the
transfer.
(2)
Transfer pursuant to results of monitoring or complaint or
program-reported incident investigation by the department. If one or
more tenants are identified as exceeding the admission and retention criteria
for tenants and need to be transferred as a result of a monitoring or a
complaint or program-reported incident investigation conducted by the
department, the following procedures shall apply:
a.
Program agreement with the
department'sfinding. If the program agrees with the department's
finding and the program begins involuntary transfer proceedings, the program's
internal appeal process in subrule 69.24(1) shall be utilized for
appeals.
b.
Program
disagreement with the department's finding. If the program does not
agree with the department's finding that the tenant exceeds admission and
retention criteria, the program may appeal the department's final report as
provided in rule
481-67.14
(17A,231B,231C,231D,85GA,HF2365). If an appeal is filed, the tenant who exceeds
admission and retention criteria shall be allowed to continue living at the
program until all administrative appeals have been exhausted. Appeals filed
that relate to the tenant's exceeding admission and retention criteria shall be
heard within 30 days of receipt, and appropriate services to meet the tenant's
needs shall be provided during that period of time.
c.
Request for waiver of criteria for
retention of a tenant in a program. To allow a tenant to remain in the
program, the program may request a waiver of criteria for retention of a tenant
pursuant to rule
481-67.7
(231B,231C,231D) from the department within 10 working days of the receipt of
the report.
