D.C. Mun. Regs. r. 22-A3861

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 22-A3861 - MHCRF TRANSFER, DISCHARGE, AND RELOCATION

3861.1

The MHCRF shall promptly notify the Director, the resident's CSA treatment team or other mental health care provider, and the resident's physician when the resident's physical or mental condition changes and the resident requires services or supports that may require discharging, or transferring the resident, or relocating the resident within the facility. Under no circumstances shall a resident be discharged, transferred, or relocated without notifying the Department.

3861.2

Every discharge, transfer, or relocation of any resident shall be in full compliance with title III of the Nursing Home and Community Residence Facility Residents' Protection Act, including the MHCRF's reasons for seeking to transfer, discharge, or relocate the resident, and all notice and hearing requirements.

3861.3

A discharge, transfer, or relocation of any resident shall be consistent with the resident's IRP.

3861.4

The discharge, transfer, or relocation of a resident of a MHCRF that receives contract funds from the Department shall be subject to prior approval by the Director in addition to the other requirements of this section. Failure to do so may result in the loss of contract funds.

3861.5

Ten (10) days prior to the issuance of a twenty-one (21) day notice for an involuntary transfer or discharge, the MHCRF shall schedule a case conference with the resident and a representative of the CSA and shall notify the Director and the LTCO of the date and time of the meeting.

3861.6

Residents who are hospitalized have a right to return to the facility in accordance with the terms and conditions of subsection 3861.9.

3861.7

In the event the resident's hospitalization does not meet the conditions of Subsection 3861.9 and the MHCRF seeks to transfer, discharge, or relocate the resident, the MHCRF shall comply with the Community Residence Facility Residents' Protection Act and this section.

3861.8

A MHCRF shall also comply with any additional requirements for transferring or discharging residents and for allowing residents to return to a facility after hospitalization or other absence from the facility, required by a current contract for MHCRF residential services between the Department and the MHCRF.

3861.9

A MHCRF shall coordinate with a resident's treatment team during periods of hospitalization to ensure the resident receives temporarily institutionalization benefits, if eligible. A resident who receives Supplemental Security Income and is admitted to a public institution, the primary purpose of which is the provision of medical or psychiatric care, or to a public or private Medicaid-certified medical treatment facility, shall be allowed to return to the MHCRF within ninety (90) days if:

(a) A physician has certified in writing to the Social Security Administration that he or she expects the recipient to be medically confined for ninety (90) consecutive days or less;

(b) The resident's Supplemental Security Income has been continued during the period of hospitalization so that the resident may continue to maintain a home or living arrangement;

(c) The MHCRF is receiving payment for the room occupied by or held for the resident ; and

(d) The resident's needs are consistent with services provided by the MHCRF as determined by the resident's treatment team in conjunction with the resident.

3861.10

In the case of an emergency situation caused by a natural disaster, extreme heat or cold, extended power outage, or other emergency where the MHCRF cannot safely care for residents at the facility and residents need to be temporarily moved to another location, the MHCRF shall immediately notify both the LTCO and the Department and advise them of the situation and the actions the MHCRF plans to take.

3861.11

If the MHCRF is not able to make direct contact, and time or conditions do not permit it to obtain advance authorization, the MHCRF shall leave a detailed message at both numbers, including the address or addresses to which residents are being relocated, and a phone number where the Operator can be reached. The MHCRF shall comply with the notice requirements in the Community Residence Facility Residents' Protection Act for any temporary move or relocation that is expected to exceed thirty (30) days.

3861.12

Where the MHCRF temporarily moves residents under the conditions described in § 3861.10, the MHCRF shall cooperate with the Department and the Ombudsman to facilitate immediate inspections, comply with legal requirements, and address resident needs.

3861.13

Whenever an Operator needs to temporarily move residents under the conditions described in § 3861.10, the Operator shall ensure that the temporary transfers:

(a) Do not exceed forty-eight (48) hours unless requested by the Operator in writing and approved in writing by the Department; and

(b) Are to locations that are:

(1) In the District of Columbia and in compliance with federal and District legal requirements;

(2) Safe for occupancy; and

(3) Equipped with adequate bathroom facilities and adequate accommodations for eating and sleeping.

3861.14

If occupancy limits are exceeded at another MHCRF to accommodate residents who have to be moved, the Operator shall ensure that the temporary increased occupancy does not create a hazard or danger for residents, and that resident needs are met.

3861.15

Once the emergency has abated, the MHCRF shall return the residents to the facility. No resident shall be permanently discharged, transferred or relocated under the emergency provisions unless the MHCRF or the Department has complied with Community Residence Facility Residents' Protection Act.

D.C. Mun. Regs. r. 22-A3861

Final Rulemaking published at 64 DCR 1633 (2/16/2018)