Section Ve-H 402.02 - Transfer or Discharge at the Request of the Home(a) The home shall not transfer or discharge a resident without the agreement of the resident or the resident's legal representative with the authority to agree unless:(1) The resident has knowingly misrepresented, during the admission application process, any fact material to the determination of eligibility in accordance with Ve-H 302.01;(2) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the home;(3) The transfer or discharge is appropriate because the resident's health has improved sufficiently so the resident no longer needs the services provided by the home;(4) The safety of residents is endangered;(5) The health of residents would otherwise be endangered;(6) The resident has failed to pay accrued room and board charges after reasonable notice of the arrears; or(7) The home ceases to operate.(b) The home shall give the resident, any legal representative of the resident and any known family member of the resident, written notice of its intent to transfer or discharge the resident involuntarily, including in the notice: (1) The reason for the transfer or discharge;(2) The effective date of the transfer or discharge;(3) The location to which the resident is to be transferred or discharged;(4) The name, address, and telephone number of the long term care ombudsman;(5) The bed holding policies of the home and the period during which the resident is permitted to return without making a new application for admission; and(6) A brief description of the right to appeal the proposed transfer or discharge pursuant to Ve-H 205 through Ve-H 216.(c) Notice shall be given:(1) At least 30 calendar days before transfer or discharge for reasons stated in (a)(1), (a)(6) and (a)(7) above; and(2) As soon as practicable before the transfer or discharge for reasons stated in (a)(2), (a)(3), (a)(4), or (a)(5) above.(d) If, after transfer or discharge at the request of the home, the resident or the resident's legal representative with authority to re-admit the resident wishes the resident to be re-admitted and the re-admission is not covered by the bed holding policies set forth in Ve-H 402.03, the resident or the legal representative shall:(1) Make a new application for admission in accordance with Ve-H 300; and(2) Pay in full any unpaid charges accrued during the previous residency.N.H. Admin. Code § Ve-H 402.02
Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12712, Effective 1/15/2019, Expires 1/15/2029.