Idaho Admin. Code r. 16.03.22.217

Current through September 2, 2024
Section 16.03.22.217 - REQUIREMENTS FOR TERMINATION OF ADMISSION AGREEMENT
01.Conditions for Termination of the Admission Agreement. The admission agreement cannot be terminated, except under Section 39-3313, Idaho Code, as follows:
a. Giving the other party thirty (30) calendar days written notice;
b. The resident's death;
c. Emergency conditions that require the resident to be transferred to protect the resident or other residents in the facility from harm;
d. The resident's mental or medical condition deteriorates to a level requiring care as described in Section 39-3307, Idaho Code, and Section 152 of these rules;
e. Nonpayment of the resident's fees;
f. When the facility cannot meet resident needs due to changes in services, in-house or contracted, or inability to provide the services; or
g. Other written conditions as may be mutually established between the resident, the resident's legal guardian or conservator, and the administrator of the facility at the time of admission.
02.Facility Responsibility During Resident Discharge. The facility is responsible to assist the resident with transfer by providing a list of skilled nursing facilities, other residential assisted living facilities, and certified family homes that may meet the needs of the resident. The facility must provide a copy of the resident record, as described in Section 330 of these rules, within two (2) business days of receipt of a request signed and authorized by the resident or legal representative.
03.Resident's Appeal of Involuntary Discharge. A resident may appeal all discharges, with the exception of an involuntary discharge in the case of nonpayment or emergency conditions that require the resident to be transferred to protect the resident or other residents in the facility from harm.
a. Before a facility discharges a resident, the facility must notify the resident and their representative of the discharge and the cause.
b. This notice must be in writing and in a language and manner the resident or their representative can understand.
04.Written Notice of Discharge. The written notice of discharge must include the following:
a. The specific reason for the discharge;
b. The effective date of the discharge;
c. A statement that the resident has the right to appeal the discharge to the Department within thirty (30) calendar days of receipt of written notice of discharge;
d. The Residential Assisted Living Facilities Program website, where the appeal must be submitted;
e. The name, address, and telephone number of the local ombudsman;
f. The name, address, and telephone number of Disability Rights Idaho;
g. If the resident fails to pay fees to the facility, as agreed to in the admission agreement, during the discharge appeal process, the resident's appeal of the involuntary discharge becomes null and void and the discharge notice applies; and
h. When the notice does not contain all the above required information, the notice is void and must be reissued.
05.Receipt of Appeal. Request for an appeal must be received by the Department within thirty (30) calendar days of the resident's or resident's representative's receipt of written notice of discharge to stop the discharge before it occurs.

Idaho Admin. Code r. 16.03.22.217

Effective March 15, 2022