Okla. Admin. Code § 340:100-6-85

Current through Vol. 42, No. 7, December 16, 2024

Section 340:100-6-85 - Transfer or discharge

(a) A group home provider must not involuntarily transfer or discharge a service recipient residing in a group home except for:

(1) medical reasons;

(2) the service recipient's safety or the safety of other residents;

(3) violations of the agreement between the service recipient and group home provider; or

(4) nonpayment for the service recipient's stay unless limited by the federal Social Security Act.

(b) Involuntary transfer or discharge of a service recipient for violations of the agreement must be subject to:

(1) review of the agreement and notification to the service recipient of specific violations;

(2) discharge only after all appropriate attempts are made to resolve violations. Attempts must be documented in the service recipient's record.

(c) When a service recipient changes provider agencies, only the out-going provider agency claims for services provided on the day the service recipient moves.

(d) Involuntary transfer or discharge of a service recipient from a group home must be preceded by a minimum written notice of 30-calendar days. The notice must inform the service recipient and service recipient's legal guardian or advocate:

(1) of the right to request an administrative inquiry, per Oklahoma Administrative Rules 340:1003-27.1 if the service recipient is aggrieved by the decision; and

(2) how such a request is made.

(e) The 30-calendar day requirement does not apply when:

(1) an emergency transfer or discharge is:

(A) mandated by the service recipient's health care needs; and

(B) per the written orders and medical justification of the attending physician; or

(2) the transfer or discharge is necessary due to imminent risk to the lives or health of other residents as documented in the service recipient's record.

(f) Oklahoma Human Services (OKDHS) may initiate the transfer or discharge of a service recipient when:

(1) the service recipient's health care needs are not being met according to a licensed medical authority;

(2) the transfer or discharge is necessary for the physical safety of other residents as observed or documented in the records, including incident reports, case management records, or other documentation the group home provider maintains; or

(3) it is determined, per applicable OKDHS rules, that a service recipient's rights have been violated or the service recipient has been abused, neglected, or exploited.

(g) The service recipient's wishes, in all situations, are given careful consideration in determining whether the health and safety aspects involved outweigh the wishes of a service recipient being transferred or discharged.

(h) A group home provider may not deny appropriate care on the basis of the resident's source of payment.

Okla. Admin. Code § 340:100-6-85

Added at 12 Ok Reg 409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Amended at 24 Ok Reg 1046, eff 5-11-07

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023