Idaho Admin. Code r. 21.01.01.980

Current through September 2, 2024
Section 21.01.01.980 - NOTICE OF RESIDENT TRANSFER OR DISCHARGE AND NOTICE OF DENIAL OF AN APPLICATION FOR RESIDENCY

The Home Administrator or his designee must notify the applicant or resident of any action to be taken regarding rejection of an application or involuntary transfer or discharge from a Home. The Home does not need to provide notice of voluntary transfer or discharge pursuant to Subsection 350.04 of these rules.

01.Form of Notice. Notices of denial of application or ineligibility for residency; transfer; or discharge must be in writing.
02.Content of Notice of Transfer or Discharge. The notice must state the following:
a. The reason for the impending action and a reference to the pertinent rules under which the action is being brought or decision has been made;
b. The effective date of the action;
c. The location to which the resident is transferred or discharge, which is established for Nursing Care transfers and discharges only;
d. The applicant's or resident's right to request a hearing according to the deadlines in Section 982 of these rules; and
e. The procedure for requesting a hearing, as provided in Subsection 982.02 of these rules.
f. The name, address, and telephone number of the State long term care ombudsman;
g. The name, address, and telephone number of the State Disability Rights agency responsible for the protection and advocacy for those residents with developmental disabilities or mental illness.
03.Notification Deadlines. Notice shall be provided to the applicant or resident according to the following deadlines:
a. Denial of application or findings of ineligibility. Notice of a denial of application or findings of ineligibility for residency must be mailed to the applicant within three (3) working days after receipt of the completed application citing the reasons for rejection.
b. Domiciliary Care. Discharge or transfer notices to residents receiving Domiciliary Care must be sent to the resident three (3) days prior to the intended effective date of the action, except under the conditions noted in Subsections 350.01, 350.03 and 350.04 of these rules.
c. Residential Care. Discharge or transfer notices to residents receiving Residential Care must be sent to the resident fifteen (15) days prior to the intended effective date of the action, except under the conditions noted in Subsections 350.01, 350.03 and 350.04 of these rules.
d. Nursing Care. Residents receiving Nursing Care must receive notice as follows:
i. Notices of general discharge or transfer pursuant to Subsection 350.02 of these rules must be sent to the resident thirty (30) days prior to the intended effective date of the action.
ii. Notices of emergency discharge or transfer pursuant to Subsection 350.01 of these rules must be sent to the resident as soon as practical.
iii. Notices of discharge or transfer during absence pursuant to Subsection 350.03 of these rules must be sent to the resident within three (3) working days of the Home's determination to transfer or discharge.
iv. Notice of discharge or transfer for unauthorized absences pursuant to Paragraph 350.02.g. of these rules must be sent to the resident within three (3) days of the last unauthorized absence establishing a basis for discharge.

Idaho Admin. Code r. 21.01.01.980

Effective April 6, 2023