Section 11-94.2-36 - Admission, transfer, and discharge(a) There shall be written policies and procedures available to staff, residents, and the public that govern:(1) All services provided by the facility;(2) The admission, transfer, and discharge of residents; and.(3) Notification to the resident, resident's representative, and the state long term care ombudsman of transfer or discharge initiated by the facility.(b) These policies shall ensure that: (1) The facility shall not discriminate against admission of any individual as per all federal and state civil rights and anti-discrimination regulations. Should the facility not be able to provide care and services to individuals based on their age, i.e., infants and youth, or specific disability, the facility will need to indicate so in their policies and procedures and by-laws;(2) The facility shall accept only those residents whose needs can be met by the facility directly or in cooperation with community resources or other providers of care with which it is affiliated or has contracts;(3) As changes occur in a resident's physical or mental condition necessitating a different level of service or care that cannot be adequately provided by the facility, the residents shall be transferred promptly to a facility capable of providing an appropriate level of care;(4) Except in the case of an emergency, the resident or the resident's legal guardian, family, or surrogate and the attending physician shall be informed in advance of the transfer or discharge to another facility; and(5) The facility's buildings are constructed, equipped, and maintained to protect the resident's health, and assure the safety of residents, personnel, and visitors.(c) The facility shall permit each resident to remain in the facility and shall not transfer or discharge the resident from the facility unless:(1) The transfer or discharge is necessary for the resident's welfare, or the resident's needs cannot be met in the facility;(2) The transfer or discharge is appropriate because the resident's health has improved sufficiently such that the services provided by the facility are no longer needed;(3) The health and safety of individuals in the facility are, or would otherwise be, endangered;(4) The resident has failed, after reasonable and appropriate notice, to pay for all costs attendant to residency at the facility; or(5) The facility license is terminated, revoked, or suspended.(d) The facility shall provide supportive counseling and preparation to the resident to ensure safe and orderly transfer or discharge from the facility to mitigate possible relocation stress.(e) At the time of transfer for hospitalization or therapeutic leave, the facility shall provide written information to the resident concerning the facility's bed hold policy.Haw. Code R. § 11-94.2-36
[Eff 9/16/2022] (Auth: HRS §§ 321-9, 321-11) (Imp: HRS §§ 321-9, 321-11)