Current through Register Vol. 43, No. 12, March 20,
2024
(a) The adult care
home shall permit each resident to remain in the adult care home, and shall not
transfer or discharge the resident from the adult care home unless:
(1) The transfer or discharge is necessary
for the resident's welfare and the resident's needs cannot be met in the
current adult care home;
(2) the
safety of other individuals in the adult care home is endangered;
(3) the health of other individuals in the
adult care home is endangered;
(4)
the resident has failed, after reasonable and appropriate notice, to pay the
rates and charges imposed by the adult care home; or
(5) the adult care home ceases to operate.
(b) Before the adult
care home transfers or discharges a resident involuntarily, the adult care home
shall:
(1) Notify the resident and if known,
a family member or legal representative of the resident, of the transfer or
discharge and the reasons;
(2)
document in the resident's clinical record the reason for the transfer or
discharge under any of the circumstances specified in subsection (a) (1)
through (4) of this regulation. The documentation shall be made by:
(A) The resident's physician when transfer or
discharge is necessary for the resident's welfare and the resident's needs
cannot be met by the adult care home;
(B) the resident's physician when transfer or
discharge is appropriate because the resident's health has improved
sufficiently so that resident no longer needs the services provided by the
adult care home; or
(C) any
physician when transfer or discharge is necessary because the health or safety
of other individuals in the adult care home is endangered.
(c) A notice of
transfer or discharge shall be provided in writing to the resident or legal
representative 30 days before the resident is transferred or discharged
involuntarily except in an emergency when:
(1) the safety of other individuals in the
adult care home would be endangered; or
(2) the resident's urgent medical needs
require an immediate transfer to another health care facility.
(d) The written transfer or
discharge notice shall include the following:
(1) The reason for the transfer or discharge;
(2) the effective date of the
transfer or discharge;
(3) the
address and telephone number of the complaint program of the Kansas department
of health and environment where a complaint related to involuntary transfer or
discharge may be registered;
(4)
the address and telephone number of the long-term care ombudsman for the Kansas
department on aging; and
(5) for
residents who have developmental disabilities or who are mentally ill, the
address and telephone number of the Kansas advocacy and protection services,
inc.
(e) Each adult
care home shall provide sufficient preparation and orientation to a resident to
ensure safe and orderly transfer and discharge from the adult care home.
(f) The adult care home shall
develop a discharge plan with the involvement of the resident, family or legal
representative when practicable.
(g) If the resident is transferred or
discharged to another health care facility, sufficient information shall
accompany the resident to assure continuity of care in the new facility.
(h) Before a nursing facility,
assisted living, residential health care, or home plus facility transfers a
resident to a hospital or a resident goes on therapeutic leave, the facility
shall provide written information to the resident and if known, a family member
or legal representative that specifies the following:
(1) The period of time during which the
resident is permitted to return and resume residence in the facility;
(2) the cost to the resident, if
any, to hold the resident's bedroom, apartment, individual living unit or slot
in adult day care until the resident's return; and
(3) that when the resident's hospitalization
or therapeutic leave exceeds the period identified in the policy of a nursing
facility, the resident will be readmitted to the nursing facility immediately
upon the first availability of a bed in a semiprivate room if the resident
requires the services provided by the nursing facility.
(i) Admission policy. Each licensee shall
have written admission policies regarding admission of residents. The admission
policy shall meet the following requirements.
(1) The adult care home shall admit only
those persons whose physical, mental and psychosocial needs can be met within
the accommodations and services available in the adult care home.
(A) Each resident in a nursing facility shall
be admitted under the care of a physician licensed to practice in Kansas.
(B) The adult care home shall not
admit children under the age of 16.
(C) Any person in need of specialized
services for mental illness shall be admitted only to an adult care home which
can provide the accommodations and treatment which will assist that person to
achieve and maintain the highest practicable level of physical, mental and
psychosocial functioning.
(2) Before admission, the adult care home
shall inform the prospective resident or legal representative in writing of the
rates and charges for the adult care home's services and of the resident's
obligations regarding payment. This information shall include the refund policy
of the adult care home.
(3) At the
time of admission, the adult care home shall execute a written agreement with
the resident or legal representative which describes in detail the services and
goods which the resident will receive, and sets forth the obligations that the
resident has toward the adult care home.
(4) An admission agreement shall not include
a general waiver of liability for the health and safety of residents.
(5) Each admission agreement shall
be written in clear and unambiguous language and printed clearly in black type
which is not less than 12-point type.
(j) At the time of admission, the adult care
home shall inform the resident or legal representative in writing of the state
statutes related to advance medical directives.
(1) A copy of any advance medical directives
executed by the resident shall be on file in the resident's record.
(2) The adult care home shall develop and
implement policies and procedures related to the advance medical directives.
(k) The adult care home
shall provide a copy of resident rights, the adult care home's policies and
procedures for advance medical directives and the adult care home's grievance
policy to each resident or the resident's legal representative before the
prospective resident signs any admission agreement.
