Section R. 325.45385 - Involuntary transfer or dischargeRule 385.
(1) When a nursing care facility provides a patient or the patients legal guardian with a notice of involuntary transfer or discharge, the facility shall provide a copy of the notice to the department and the state long-term care ombudsman at the time the notice is issued to the patient or the patients legal guardian and pursuant to the submission procedures established by the department.(2) A patient or the patients legal guardian or designated representative may submit a completed hearing request form, as required by section 21773 of the code, MCL 333.21773, and provided by the department on its website, or any written communication that clearly states a hearing is requested. The hearing request must be timely filed as described in section 21774(1) of the code, MCL 333.21774. Upon receipt of a timely filed hearing request, the department shall make arrangements for the scheduling of a hearing under section 21774 of the code, MCL 333.21774, through the Michigan Office of Administrative Hearings and Rules (MOAHR).(3) After a hearing is concluded under R 325.45247, R 325.45249, and R 325.45251, and only if there was a finding in the hearing decision or order that a permitted basis for transfer or discharge exists under section 21773 of the code, MCL 333.21773, or if no appeal request is received from the patient and the 10 day appeal period has expired, the nursing care facility shall submit to the department a proposed transfer or discharge plan, which must include all of the following: (a) Identification of the patient or other person, as identified by the patient, that participated in the selection of the new facility or setting.(b) A statement by the patients attending physician outlining how the new facility or setting meets the patients medical and psychosocial needs.(c) Identification of equipment or services that are needed for continued care of the patient in the new facility or setting and confirmation that those items have been prearranged by the transferring nursing care facility.(d) Verification that the floor plans, brochures, pictures, and other documents to familiarize the patient with the new facility or setting have been provided to the patient, unless the patient is returning to a setting that the patient is familiar with. The patient may also request to visit the new facility or setting. Verification of how the transferring nursing care facility accommodated this request must be included.(e) Identification of how the patients clothing and personal items are being moved to the new facility or setting. The nursing care facility shall not transfer or discharge the patient without department approval in writing of the proposed transfer or discharge plan.
Mich. Admin. Code R. 325.45385
2020 MR 4, Eff. 2/21/2020