Current through Register Vol. 46, No. 39, September 25, 2024
Effective January 1, 1970 the admission, discharge or
transfer of any patient or resident from each facility having an operating
certificate under the provisions of any Article of Subchapter C of this Chapter
to a facility issued an operating certificate under any other Article of
Subchapter C of this Chapter or to a certified home health agency shall conform
to the following provisions:
(a) The
governing authority or operator of each such facility shall have in effect a
transfer and/or affiliation agreement acceptable to the department with:
(1) one or more facilities having a valid
operating certificate under Articles 2, 4 and 5 of this Subchapter and located
in or near the same community; and
(2) one or more home health agencies
certified by the department and serving a geographic area of coverage
appropriate to the area of coverage of this facility.
(b) The governing authority or operator of
each such facility shall:
(1) maintain in the
administrator's office and available to the department a written copy of each
transfer or affiliation agreement;
(2) include in such agreement reasonable
assurance that there will be transfer of the patient or resident whenever
deemed medically appropriate and mutually agreed upon by the physician
responsible for the medical care in the referring facility, or by the midwife
responsible for the medical care in the case of a referring midwifery birth
center, and by the physician who will become responsible for the medical care
in the receiving facility, or, in the case of a certified home health agency,
by the physician who will become responsible for the medical care when such
patient or resident is to receive services from the certified home health
agency;
(3) include in such
agreement reasonable assurance that the originating facility will transfer
promptly such medical and other information as is relevant to proper care by
the receiving facility or home health agency including medical, social, nursing
and other care plans; and
(4)
include in the agreement reasonable assurance that there is sharing of
diagnostic and other services when the department finds that such sharing is in
the interest of efficiency, economy and quality of care.
(c) For each admission to or transfer or
discharge from each such facility, the governing authority or operator shall
assure that:
(1) the personal, alternate or
staff physician requests or agrees to the admission, transfer or discharge
unless the patient or resident signs out or is signed out against medical
advice;
(2) admission information
is obtained and transfer and discharge information is furnished as required by
the provisions of this Chapter;
(3)
the method of physically transporting the patient or resident is safe and
medically approved by the responsible physician; and
(4) the patient's or resident's personal
effects, especially his monies and valuables, are transported and stored safely
in a place known and reasonably accessible to the patient or resident or to a
person or agency legally authorized to act in his behalf and full information
about same is on file and readily available in the administrator's office or
other site acceptable to the department.
(d) If the personal, alternate or staff
physician or the director or acting or assistant director of nursing approves
an emergency or unusual admission, transfer or discharge, the requirements of
paragraph (c)(1) of this section may be waived providing the circumstances and
reasons are recorded in the medical record.
(e) The governing authority or operator of
each facility having a valid operating certificate under the provisions of
Article 6 of Subchapter C of this Chapter shall have an affiliation agreement
with at least one facility having an operating certificate under the provisions
of Article 2, 4 or 5 of this Subchapter which includes assurance that:
(1) the affiliating facility has the
capability of providing strong backup support, including but not limited to
medical, diagnostic, emergency and other services; and
(2) the affiliating facility furnishes such
backup support by providing, as needed, medical, medically related and other
supportive services to enhance the effectiveness of operation of the treatment
center and diagnostic center.
(f) Where it is in the interest of the
community and where it is essential to assure that inpatient or resident care
will continue to be available for those requiring such care, the department may
except the governing authority or operator from specific requirements of this
section when the operator or governing authority provides documented
verification acceptable to the department that all reasonable attempts have
been made in good faith to make such an agreement.
