Rule 111-8-62-.28 - Immediate Transfer of Residents(1) The administrator or on-site manager of the home must initiate immediate transfer if the resident develops a physical or mental condition requiring continuous medical care or nursing care or if a resident's continuing behavior or condition directly and substantially threatens the health, safety and welfare of the resident or any other resident.(2) In the event such immediate transfer is required, the administrator or on-site manager of the home must advise both the resident and the resident's representative or legal surrogate and case manager, if any, and immediate arrangements must be made based on the written admission agreement to transfer such resident to an appropriate facility. The administrator or on-site manager must document in the resident's file the reasons for the transfer.(3) Where immediate transfer is to be made pursuant to paragraphs (1) and (2), the administrator or on-site manager must make arrangements for transfer in accordance with the admission agreement and shall transfer the resident to an appropriate facility where the resident's needs can be met. Prior to making such transfer, the administrator or on-site manager must: (a) Inform the resident and representative or legal surrogate and case manager, if any, of the reason for the immediate transfer.(b) Inquire as to any preference of the resident and representative or legal surrogate, if any, regarding the facility to which the resident is to be transferred.(c) Inform the representative or legal surrogate, if any, of the resident's choice regarding such transfer.(d) Inform the resident and the representative or legal surrogate, if any, of the place to which the resident is to be transferred.(e) Provide a copy of the resident file to the receiving facility within 24 hours of transfer.(f) Document in the resident's file the following:1. The reason for the immediate transfer.2. The manner in which the resident and the representative or legal surrogate, if any, were informed pursuant to this paragraph.3. The name, address, and telephone number of the place to which the resident is to be transferred or discharged.(4) Upon immediate transfer of the resident, the home must refund to the resident or representative or legal surrogate, if applicable, any security deposit made to the home by or on behalf of the resident in compliance with O.C.G.A. § 44-7-30et seq.Ga. Comp. R. & Regs. R. 111-8-62-.28
O.C.G.A. Secs. 31-2-7, 31-2-9, 31-7-2.1, 44-7-30et seq.
Original Rule entitled "Death of a Resident" adopted. F. Nov. 19, 2009; eff. Dec. 9, 2009.Amended: New Title "Immediate Transfer of Residents". F. Dec. 19, 2012; eff. Jan. 8, 2013.