Okla. Admin. Code § 770:10-5-3

Current through Vol. 42, No. 8, January 2, 2025

Section 770:10-5-3 - Involuntary transfer or discharge of resident - grounds

(a) Pursuant to 38 C.F.R. §51.80, a resident may be transferred or discharged from a Center for the following reasons:

(1) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the Center, as documented by the attending physician, in consultation with the medical director if the medical director and attending physician are not the same person.

(2) 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 Center, as documented by the attending physician, in consultation with the medical director if the medical director and attending physician are not the same person.

(3) The health and/or safety of the resident or the safety of other residents is endangered, as documented by the clinical record. The Center shall show through medical records that:

(A) the resident has had a comprehensive assessment by an interdisciplinary team and alternative measures have been attempted unsuccessfully; or

(B) the resident is a danger to himself, herself or other resident as documented by the medical record and the Center is not capable of managing that resident.

(4) The non-payment of charges for the resident's care, as documented by the Center's business records for services for more than thirty (30) days.

(b) Prior to discharge, the Center Administrator must do the following:

(1) Provide written notice to the resident and, if known, a family member or legal representative of the resident, or an advocate for the resident if no legal representative exists, of the transfer or discharge and the reasons for the move, and in a language and manner they understand.

(2) Record the reasons in the resident's clinical record.

(3) Provide a copy of the notice to the Executive Director of the Oklahoma Department of Veterans Affairs, the Oklahoma long-term care ombudsman, and the Oklahoma State Department of Health.

(c) The notice of transfer or discharge must be given at least thirty (30) days before the resident is transferred or discharged, except notice may be made as soon as practicable before transfer or discharge for the following reasons:

(1) An emergency transfer is mandated by the resident's health care needs and is in accordance with the attending physician's written orders and medical justification; or

(2) The transfer or discharge is necessary for the physical safety or health of other residents, as documented in the clinical record.

(3) The resident's health improves sufficiently so the resident no longer needs the services provided by the facility, as documented in the clinical record.

(d) The facility shall not use a discharge to a hospital as a reason for failing to re-admit a resident after release from the hospital to the first available bed. Such action shall be considered to be an involuntary discharge subject to all the requirements of this section.

(e) The written notice must include the following:

(1) A full explanation for transfer or discharge;

(2) The date of the notice;

(3) The date notice was given to the resident, a family member or legal representative of the resident, or an advocate for the resident if no legal representative exists;

(4) The date by which the resident must leave the facility; and

(5) Information that a family member or legal representative of the resident, or an advocate for the resident if no legal representative exists, may file within ten (10) days of notice a written request for a hearing with the Oklahoma State Health Department by sending a letter to the Hearing Clerk, Oklahoma State Department of Health, 1000 N. E. Tenth Street, Oklahoma City, OK 73117.

Okla. Admin. Code § 770:10-5-3

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014