Section 610.028 - Notice Requirements Regarding Actions Initiated by a Nursing Facility(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. § 6041et 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. § 10801et 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.Amended by Mass Register Issue 1354, eff. 12/18/2017.Amended by Mass Register Issue 1397, eff. 8/9/2019.