Nev. Admin. Code § 449.74429

Current through October 11, 2024

Section 449.74429 - Transfer or discharge of patient

1. A facility for skilled nursing may transfer or discharge a patient from the facility only if:

(a) The facility can no longer provide for the needs of the patient and the transfer or discharge is necessary for the patient's welfare;

(b) The health of the patient has improved sufficiently so that the patient no longer requires the services provided by the facility;

(c) The health or safety of other persons in the facility is endangered if the patient remains in the facility;

(d) The charges for services provided to the patient by the facility have not been paid after the facility has given notice of those charges; or

(e) The facility ceases to operate.

2. Before a facility for skilled nursing may transfer or discharge a patient from the facility, the facility shall:

(a) Record the reasons for the transfer or discharge in the medical records of the patient. If a patient is transferred or discharged under the circumstances described in:

(1) Paragraph (a) or (b) of subsection 1, the reasons for the transfer or discharge must be recorded by the patient's physician.

(2) Paragraph (c) of subsection 1, the reasons for the transfer or discharge must be recorded by any physician.

(b) Give notice of the transfer or discharge to the patient and, if known, to the legal representative of the patient or a member of the patient's family. The notice must:

(1) Be in writing;

(2) Be in a language that is understood by the patient and his or her legal representative or a member of his or her family;

(3) Except as otherwise provided in subsection 3, be given at least 30 days before the effective date of the transfer or discharge;

(4) Include the reasons for the transfer or discharge;

(5) Include the effective date of the transfer or discharge;

(6) Specify the location to which the patient will be transferred or discharged;

(7) Include a statement that the patient has a right to appeal the transfer or discharge;

(8) Include the name, address and telephone number of the advocates for residents of facilities for long-term care appointed pursuant to chapter 427A of NRS; and

(9) If the patient is developmentally disabled or mentally ill, include the name, address and telephone number of persons who advocate for and are responsible for the protection of such persons.

3. The notice required by paragraph (b) of subsection 2 may be given less than 30 days before the effective date of the transfer or discharge if:

(a) The health or safety of other persons in the facility is endangered if the patient remains in the facility;

(b) The health of the patient has improved sufficiently to allow a more immediate transfer or discharge of the patient;

(c) The medical needs of the patient require a more immediate transfer or discharge; or

(d) The patient has not resided in the facility for at least 30 days.

4. Upon admission of a patient to a facility for skilled nursing and at the time the facility transfers the patient for hospitalization or therapeutic leave, the facility shall provide to the patient and to the legal representative of the patient or to a member of the patient's family, in writing:

(a) The time within which the patient may resume his or her residency in the facility without waiting for readmission; and

(b) The policy of the facility for readmitting a patient whose hospitalization or therapeutic leave exceeds the time within which he or she may resume his or her residency in the facility without waiting for readmission upon the first availability of a bed in a semiprivate room.

5. A facility for skilled nursing shall prepare a patient for his or her transfer or discharge in such a manner as to ensure the safe and orderly transfer or discharge of the patient from the facility.

6. As used in this section, "transfer" or "discharge" means the movement of a patient to a location outside of a facility for skilled nursing, whether or not that location is within the same physical area of the facility. The term does not include the movement of a patient to a bed located within the facility for skilled nursing.

Nev. Admin. Code § 449.74429

Added to NAC by Bd. of Health by R051-99, eff. 9-27-99

NRS 449.0302