Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.106 - HEALTH CARE FACILITIES
Subchapter 37.106.28 - Assisted Living Facilities
Rule 37.106.2824 - INVOLUNTARY DISCHARGE CRITERIA
Universal Citation: MT Admin Rules 37.106.2824
Current through Register Vol. 18, September 20, 2024
(1) Residents shall be given a written 30 day notice when they are requested to move out. The administrator or designee shall initiate transfer of a resident through the resident's physician or practitioner, appropriate agencies, and the resident's legal representative, as applicable, when:
(a) the resident's needs exceed the level of
ADL services the facility provides;
(b) the resident exhibits behavior or actions
that repeatedly and substantially interfere with the rights, health, safety, or
well-being of other residents and the facility has tried prudent and reasonable
interventions;
(i) documentation of the
interventions attempted by the facility shall become part of the resident's
record;
(c) the resident,
due to severe cognitive decline, is not able to respond to verbal instructions,
recognize danger, make basic care decisions, express needs, or summon
assistance, except as permitted by ARM
37.106.2891
through
37.106.2898;
(d) the resident has a medical condition that
is complex, unstable, or unpredictable and treatment cannot be appropriately
developed in the assisted living environment;
(e) the resident has had a significant change
in condition that requires medical or psychiatric treatment outside the
facility and at the time the resident is to be discharged from that setting to
move back into the assisted living facility, appropriate facility staff have
re-evaluated the resident's needs and have determined the resident's needs
exceed the facility's level of service. Temporary absence for medical treatment
is not considered a move out;
(f)
the resident has failed to pay charges after reasonable and appropriate notice;
or
(g) the facility ceases to
operate.
(2) The resident's 30 day written move out notice shall, at a minimum, include the following:
(a) the reason for transfer or
discharge;
(b) the effective date
of the transfer or discharge;
(c)
optional discharge locations;
(d) a
statement that the resident has the right to appeal the action to the
department; and
(e) the name,
address, and telephone number of the state long term care
ombudsman.
(3) A written notice of discharge in less than 30 days may be issued for the following reasons:
(a) if a resident has a medical
emergency;
(b) the resident
exhibits behavior that poses an immediate danger to self or others;
or
(c) if the resident has not
resided in the facility for 30 days.
(4) A resident has a right to a fair hearing to contest an involuntary transfer or discharge.
(a) Involuntary transfer or discharge is
defined in ARM
37.106.2805.
(b) A resident may exercise his or her right
to appeal an involuntary transfer or discharge by submitting a written request
for fair hearing to the Department of Public Health and Human Services, Office
of Inspector General, Office of Fair Hearings, P.O. Box 202953, 2401 Colonial
Drive, Helena, MT 59620-2953, within 30 days of notice of transfer or
discharge.
(c) The parties to a
hearing regarding a contested transfer or discharge are the facility and the
resident contesting the transfer or discharge. The department is not a party to
such a proceeding, and relief may not be granted to either party against the
department in a hearing regarding a contested transfer or discharge.
(d) Hearings regarding a contested transfer
or discharge shall be conducted in accordance with ARM
37.5.304,
37.5.305,
37.5.307,
37.5.313,
37.5.322,
37.5.325, and
37.5.334, and a
resident shall be considered a claimant for purposes of these rules.
(e) The request for appeal of a transfer or
discharge does not automatically stay the decision of the facility to transfer
or discharge the resident. The hearing officer may, for good cause shown, grant
a resident's request to stay the facility's decision pending a
hearing.
(f) The hearing officer's
decision following a hearing shall be the final decision for the purposes of
judicial review under ARM 37.5.334.
(5) The facility must assist with discharge to ensure safe and appropriate placement of the resident.
AUTH: 50-5-103, 50-5-226, 50-5-227, MCA IMP: 50-5-225, 50-5-226, 50-5-227, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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