(A) A resident may be transferred or
discharged from a nursing facility only when:
(1) the transfer or discharge is necessary
for the resident's welfare and the resident's needs cannot be met in the
nursing facility;
(2) the transfer
or discharge is appropriate because the resident's health has improved
sufficiently so that the resident no longer needs the services provided by the
nursing facility;
(3) the safety of
individuals in the nursing facility is endangered;
(4) the health of individuals in the nursing
facility would otherwise be endangered;
(5) the resident has failed, after reasonable
and appropriate notice, to pay for (or failed to have the MassHealth agency or
Medicare pay for) a stay at the nursing facility; or
(6) the nursing facility ceases to
operate.
(B) When the
facility transfers or discharges a resident under any of the circumstances
specified in 130 CMR 610.028(A)(1) through (5), the resident's clinical record
must be documented. The documentation must be made by
(1) the resident's physician when a transfer
or discharge is necessary under 130 CMR 610.028(A)(1) or (2); and
(2) a physician when the transfer or
discharge is necessary under 130 CMR 610.028(A)(3) or (4).
(C) Before a nursing facility discharges or
transfers any resident, the nursing facility must hand-deliver to the resident
and mail to a designated family member or legal representative, if the resident
has made such a person known to the facility, a notice written in 12-point or
larger type that contains the following, in a language the member understands:
(1) the action to be taken by the nursing
facility;
(2) the specific reason
or reasons for the discharge or transfer;
(3) the effective date of the discharge or
transfer;
(4) the location to which
the resident is to be discharged or transferred;
(5) a statement informing the resident of his
or her right to request a hearing before the MassHealth agency, including:
(a) the address to send a request for a
hearing;
(b) the time frame for
requesting a hearing as provided for under
130 CMR
610.029; and
(c) the effect of requesting a hearing as
provided for under
130
CMR 610.030;
(6) the name, address, and telephone number
of the local long-term-care ombudsman office;
(7) for nursing facility residents with
developmental disabilities, the address and telephone number of the agency
responsible for the protection and advocacy of developmentally disabled
individuals established under Part C of the Developmental Disabilities
Assistance and Bill of Rights Act (
42 U.S.C. §
6041
et seq.);
(8) for nursing facility residents who are
mentally ill, the mailing address and telephone number of the agency
responsible for the protection and advocacy of mentally ill individuals
established under the Protection and Advocacy for Mentally Ill Individuals Act
(
42 U.S.C. §
10801
et seq.);
(9) a statement that all residents may seek
legal assistance and that free legal assistance may be available through their
local legal services office. The notice should contain the address of the
nearest legal services office; and
(10) the name of a person at the nursing
facility who can answer any questions the resident has about the notice and who
will be available to assist the resident in filing an appeal.
(D) As provided in
130 CMR
456.429: Medical Leave of Absence:
Failure to Readmit, a nursing facility's failure to readmit a resident
following a medical leave of absence will be deemed a transfer or discharge
(depending on the resident's circumstances). Upon determining that it will not
readmit the resident, the nursing facility must issue notice to the resident
and an immediate family member or legal representative, if the resident has
made such a person known to the facility, in accordance with
130
CMR 456.701(A) through (C),
456.702:
Time Frames for Notices Issued by Nursing Facilities, and 130
CMR 610.028 through
610.030.
