N.H. Code Admin. R. He-E 802.16

Current through Register No. 25, June 20, 2024

Section He-E 802.16 - Transfer or Discharge of Residents

(a) The NF shall not transfer or discharge a resident except as allowed in accordance with 42 CFR 483.10, RSA 151:21, V, and RSA 151:26.

(b) Transfer or discharge of a resident shall be preceded by written notice in accordance with RSA 151:26, II, relative to what shall be included in the notice and to whom the notice shall be sent, including the long-term care ombudsman's office.

(c) Written notice shall also include information regarding the resident's right to an administrative hearing pursuant to He-C 200, including:

(1) A statement that the hearing is required to be requested in writing by the resident or his or her representative within 30 days of receiving the notice;

(2) A statement indicating that if a request for a hearing is filed within 20 days of receipt of the notice:

a. The resident shall be allowed to remain in the NF until a final decision is made by the administrative appeals unit, except as may be allowable under the provisions of RSA 151:26, II(b); and

b. That if the resident receives Medicaid, payments to the NF shall continue while the appeal is pending; and

(3) With regard to transfers or discharges involving less than 30 days' notice, a statement informing the resident of his or her right to an expedited hearing, as described in He-E 802.17(d).

(d) No resident shall be transferred or discharged with less than 30 days' notice from the date the notice of transfer or discharge is received by the resident except as allowed by RSA 151:26, II(b).

(e) When the written notice is delivered to the resident, NF staff shall:

(1) Communicate orally to the resident, in a language he or she understands, all information contained in the written notice, or, if the resident is hearing-impaired or cannot communicate orally due to a disability, consult with the bureau on how to make reasonable accommodation for communicating with the resident;

(2) Offer to help the resident contact a family member, legal representative, the office of the state long term care ombudsman, or any of the organizations identified in the notice; and

(3) Document the date and time of the notification and offer of assistance in the resident's record.

(f) At the time of notice, the NF shall provide the resident with written material that describes residents' rights, including the rights of a resident in the event of a proposed transfer or discharge from the facility, and for residents who are 60 years or older, contact information of the provider(s) of legal services under 42 USC 3058 et. seq.

(g) The NF shall document delivery of the notice to the resident by:

(1) Requesting the signature of the resident on a dated statement of receipt, if the resident is able and willing to sign a receipt;

(2) Recording the date of delivery to the resident in the resident's record; and

(3) Recording whether and when the notice was mailed to the resident's legal representative or family members.

(h) If less than 30 days' notice of a transfer or discharge is given as allowed by RSA 151:26, II(b), the facility, in addition to all other requirements in this section, shall:

(1) Provide verbal notice to the resident and his legal representative and to family members in accordance with any instructions or limitations given by the resident;

(2) As soon as possible, follow the verbal notice with written notice to the above-mentioned parties; and

(3) Document the date and time of the notification in the resident's record.

(i) The NF shall make, and document in the resident's record, reasonable efforts to work with the resident, the resident's legal representative, or the resident's family to resolve any payment problem prior to transfer or discharge.

(j) No resident shall be transferred or discharged unless there is a written transfer or discharge plan, which includes the following:

(1) The circumstances surrounding the discharge or transfer, including alternative interventions initiated by the NF before the facility proposed the discharge or transfer;

(2) All efforts made to locate the resident to the setting of his or her choice, and if the resident's wishes could not be accommodated, the reasons why;

(3) The location of the new setting and, if a facility, confirmation that the facility has accepted the resident;

(4) A comprehensive description of the medical, social, and rehabilitative needs of the resident and how the resident's needs will be met in the new setting;

(5) Documentation of consultation with the resident, family, or other interested parties, if and to the extent that this has been reasonably possible; and

(6) Documentation of consultation with the resident's personal physician or APRN regarding the transfer or discharge.

(k) A copy of the transfer or discharge plan shall be provided to:

(1) The resident and his or her legal representative; and

(2) The office of the state long term care ombudsman.

N.H. Code Admin. R. He-E 802.16

#7751, eff 8-17-02, EXPIRED: 8-17-10

New. #9786, INTERIM, eff 9-20-10; ss and renumbered by #9888-A, eff 3-19-11 (formerly He-E 802.15-He-E 802.17 )

Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12741, Effective 3/20/2019, Expires 9/16/2019.

Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13130, Effective 10/30/2020, Expires 10/29/2030.