Current through Register Vol. 41, No. 3, September 23, 2024
A. The facility
shall adopt and conform to a written policy regarding the number of days'
notice that is required when a resident wishes to move from the facility. The
policy shall not require more than 30 days' notice for a resident-initiated
discharge.
B. When actions,
circumstances, conditions, care needs, or resident's preferences occur that
will result in the discharge of a resident, discharge planning shall begin
immediately. The date that discharge planning began shall be documented.
1. The facility shall assist the resident and
resident's legal representative, if any, in the discharge or transfer process.
The facility shall help the resident prepare for relocation, including
discussing the resident's destination.
2. The facility shall notify the resident,
the resident's legal representative, and designated contact person, if any, of
the reason of the discharge and the plan for the discharge to take
place.
3. The facility shall
provide written discharge notice to the resident, the resident's legal
representative, and contact person, if any, at least 30 days preceding the
actual discharge date.
4. The
discharge notice shall be dated and include the following:
a. Facility's decision to discharge the
resident;
b. Reasons for
discharge;
c. Date on which the
discharge will occur; and
d. Place
the resident will be discharged to.
5. If the discharge timeframe is not met,
although persistent efforts have been made, the facility shall document the
reason.
C. The assigned
staff at the local department of social services and the assessor for public
pay residents shall be notified at least 14 days prior to the date that the
resident will be discharged.
D.
Emergency discharge of residents.
1. The
resident's legal representative, designated contact person, family, caseworker,
social worker, or any other persons, as appropriate, shall be informed as
rapidly as possible of the reason for the move.
2. When an emergency discharge is necessary
due to an immediate and serious risk to the health, safety, or welfare of the
resident or others, the department's discharge notice form shall be provided as
soon as possible, but no later than five days after the emergency discharge.
The department's discharge notice form for emergency discharge shall be dated
and include the:
a. Facility's decision to
discharge the resident;
b. Reasons
for discharge;
c. Date on which the
discharge will occur;
d. Place the
resident will be discharged to; and
e. Information regarding the resident's right
to appeal within 30 days from the emergency discharge date. An additional five
days is permitted for the resident to appeal to allow time for the assisted
living facility to provide the department's discharge notice form pursuant to
§ 63.2-1805 A 5 of the Code of Virginia.
3. For public pay residents, the assigned
staff at the local department of social services and assessor shall be informed
as rapidly as possible of the reason to move. The 14-day advance notice of
planned discharge described in subsection C of this section does not apply when
a resident's condition presents an immediate and serious risk to the health,
safety, or welfare to the resident or others, necessitating an emergency
discharge.
4. The assisted living
facility shall provide a copy of the department's discharge notice form to the
regional licensing office and the State Long-Term Care Ombudsman within five
days after the emergency discharge.
E. Involuntary discharge of residents may
occur under the following circumstances:
1.
For nonpayment of contracted charges, provided that the resident has been given
at least 30 days to cure the delinquency after notice of such nonpayment was
provided to the resident and the resident's legal representative or designated
contact person.
2. For the
resident's failure to substantially comply with the terms and conditions, as
allowed by this chapter, of the resident agreement between the resident and
assisted living facility.
3. The
facility closes in accordance with regulations.
4. The resident develops a condition or care
need that is prohibited pursuant to § 63.2-1805 D of the Code of Virginia
and 22VAC40-73-310 H.
5. The assisted living facility has met the
following requirements and the facility has made reasonable efforts to meet the
needs of the resident:
a. The facility
administrator or designated staff member shall ensure that an evaluation of the
individual is or has been conducted by a qualified mental health professional
as defined in
22VAC40-73-10 if there are
observed behaviors or patterns of behavior indicative of mental illness,
intellectual disability, substance abuse, or behavioral disorders, as
documented in the uniform assessment instrument completed pursuant to §
63.2-1804 of the Code of Virginia.
b. If the evaluation indicates a need for
mental health, developmental, substance abuse, or behavioral disorder services,
the facility shall provide a notification of the resident's need for such
services to the designated contact person of record when available and a
notification of the resident's need for such services to the community services
board or behavioral health authority established pursuant to Title 37.2 of the
Code of Virginia that serves the city or county in which the facility is
located or other appropriate licensed provider.
c. Unless an emergency discharge is necessary
due to an immediate and serious risk to the health, safety, or welfare of the
resident or others, the facility shall, prior to involuntarily discharge of a
resident, make reasonable efforts, as appropriate, to resolve any issues with
the resident upon which the decision to discharge is based. The decision and
such efforts shall be documented in the resident's file.
d. The department shall not take adverse
action against a facility that has demonstrated and documented a continual good
faith effort to meet the requirements of this subsection.
6. The department's discharge notice form for
involuntary discharges shall include all requirements of subdivisions B 3 and B
4 of this section and shall include information regarding the resident's right
to appeal within the 30-day notice period.
7. The assisted living facility shall provide
a copy of the department's discharge notice form to the regional licensing
office and the State Long-Term Care Ombudsman at least 30 days prior to an
involuntary discharge.
F. For public pay residents, in the event of
a resident's death, the assisted living facility shall provide written
notification to the assigned staff at the local department of social services
and assessor within five days after the resident's death.
G. Discharge statement.
1. At the time of discharge, the assisted
living facility shall provide to the resident and, as appropriate, the
resident's legal representative and designated contact person a dated statement
signed by the licensee or administrator that contains the following
information:
a. The date on which the
resident, the resident's legal representative, or designated contact person was
notified of the planned discharge and the name of the legal representative or
designated contact person who was notified;
b. The reason for the discharge;
c. The actions taken by the facility to
assist the resident in the discharge and relocation process; and
d. The date of the actual discharge from the
facility and the resident's destination.
2. A copy of the discharge statement shall be
retained in the resident's record.
H. When the resident is discharged and moves
to another caregiving facility, the assisted living facility shall provide to
the receiving facility such information related to the resident as is necessary
to ensure continuity of care and services. Original information pertaining to
the resident shall be maintained by the assisted living facility from which the
resident was discharged. The assisted living facility shall maintain a listing
of all information shared with the receiving facility.
I. Within 60 days of the date of discharge,
each resident or resident's legal representative shall be given a final
statement of account, any refunds due, and return of any money, property, or
things of value held in trust or custody by the facility.
Statutory Authority: §§ 63.2-217, 63.2-1732,
63.2-1802, 63.2-1805, and 63.2-1808 of the Code of
Virginia.
