Oklahoma Administrative Code
Title 770 - Oklahoma Department of Veterans Affairs
Chapter 10 - Center Division Program
Subchapter 5 - Resident Rights and Responsibilities
Section 770:10-5-3 - Involuntary transfer or discharge of resident - grounds
Universal Citation: OK Admin Code 770:10-5-3
Current through Vol. 42, No. 7, December 16, 2024
(a) Pursuant to 38 C.F.R. §51.80, a resident may be transferred or discharged from a Center for the following reasons:
(1) The transfer or discharge is necessary
for the resident's welfare and the resident's needs cannot be met in the
Center, as documented by the attending physician, in consultation with the
medical director if the medical director and attending physician are not the
same person.
(2) The transfer or
discharge is appropriate because the resident's health has improved
sufficiently so the resident no longer needs the services provided by the
Center, as documented by the attending physician, in consultation with the
medical director if the medical director and attending physician are not the
same person.
(3) The health and/or
safety of the resident or the safety of other residents is endangered, as
documented by the clinical record. The Center shall show through medical
records that:
(A) the resident has had a
comprehensive assessment by an interdisciplinary team and alternative measures
have been attempted unsuccessfully; or
(B) the resident is a danger to himself,
herself or other resident as documented by the medical record and the Center is
not capable of managing that resident.
(4) The non-payment of charges for the
resident's care, as documented by the Center's business records for services
for more than thirty (30) days.
(b) Prior to discharge, the Center Administrator must do the following:
(1)
Provide written notice to the resident and, if known, a family member or legal
representative of the resident, or an advocate for the resident if no legal
representative exists, of the transfer or discharge and the reasons for the
move, and in a language and manner they understand.
(2) Record the reasons in the resident's
clinical record.
(3) Provide a copy
of the notice to the Executive Director of the Oklahoma Department of Veterans
Affairs, the Oklahoma long-term care ombudsman, and the Oklahoma State
Department of Health.
(c) The notice of transfer or discharge must be given at least thirty (30) days before the resident is transferred or discharged, except notice may be made as soon as practicable before transfer or discharge for the following reasons:
(1) An
emergency transfer is mandated by the resident's health care needs and is in
accordance with the attending physician's written orders and medical
justification; or
(2) The transfer
or discharge is necessary for the physical safety or health of other residents,
as documented in the clinical record.
(3) The resident's health improves
sufficiently so the resident no longer needs the services provided by the
facility, as documented in the clinical record.
(d) The facility shall not use a discharge to a hospital as a reason for failing to re-admit a resident after release from the hospital to the first available bed. Such action shall be considered to be an involuntary discharge subject to all the requirements of this section.
(e) The written notice must include the following:
(1) A full
explanation for transfer or discharge;
(2) The date of the notice;
(3) The date notice was given to the
resident, a family member or legal representative of the resident, or an
advocate for the resident if no legal representative exists;
(4) The date by which the resident must leave
the facility; and
(5) Information
that a family member or legal representative of the resident, or an advocate
for the resident if no legal representative exists, may file within ten (10)
days of notice a written request for a hearing with the Oklahoma State Health
Department by sending a letter to the Hearing Clerk, Oklahoma State Department
of Health, 1000 N. E. Tenth Street, Oklahoma City, OK 73117.
Disclaimer: These regulations may not be the most recent version. Oklahoma 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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