Section R432-150-21 - Admission, Transfer, and Discharge(1) Each licensee shall develop written admission, transfer, and discharge policies and make these policies available to the public upon request.(2) The licensee shall permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless: (a) the transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;(b) 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 facility;(c) the health or safety of an individual in the facility is endangered;(d) the resident has failed, after reasonable and appropriate notice, to pay for a stay at the facility; or(e) the licensee ceases to operate the facility.(3) The licensee shall ensure resident transfers or discharges are documented under any of the circumstances specified in Subsection R432-150-22(1), in the resident's medical record. The licensee shall ensure the transfer or discharge documentation is made by:(a) the resident's physician if transfer or discharge is necessary under Subsections R432-150-22(1)(a) and (b); or(b) a physician if transfer or discharge is necessary under Subsection R432-150-22(1)(c).(4) Before the transfer or discharge of a resident, the licensee shall ensure: (a) a written notification of the transfer or discharge and the reasons for the transfer or discharge to the resident is provided in a language and manner the resident understands, and, if known, to a family member or legal representative of the resident;(b) the reasons are recorded in the resident's clinical record; and(c) the notice includes the following: (i) the reason for transfer or discharge;(ii) the effective date of transfer or discharge;(iii) the location where the resident is transferred or discharged; and(iv) the name, address, and telephone number of the state and local long term care ombudsman programs.(5)(a) Except when specified in Subsection R432-150-21(6)(a), the licensee shall ensure the notice of transfer or discharge required under Subsection R432-150-(21)(4), is made by the licensee at least 30 days before the resident is transferred or discharged.(b) The licensee may issue the notice of transfer or discharge as soon as practicable before transfer or discharge if: (i) the safety or health of individuals in the facility would be endangered if the resident is not transferred or discharged sooner;(ii) the resident's health improves sufficiently to allow a more immediate transfer or discharge;(iii) an immediate transfer or discharge is required by the resident's urgent medical needs; or(iv) a resident has not resided in the facility for 30 days.(c) The licensee shall ensure that the notice for nursing facility residents with developmental disabilities contains the mailing address and telephone number of the Disability Law Center that is responsible for the protection and advocacy of developmentally disabled individuals; and(d) The licensee shall ensure that the notice for nursing facility residents who are mentally ill contains the mailing address and telephone number of the Disability Law Center who is responsible for the protection and advocacy of mentally ill individuals established under the Protection and Advocacy for Mentally Ill Individuals Act.(6) The licensee shall provide discharge planning to prepare and orient a resident to ensure safe and orderly transfer or discharge from the facility.(7) Before a licensee transfers a resident to a hospital or allows a resident to go on therapeutic leave, the licensee shall ensure:(a) written notification and information is provided to the resident and a family member or legal representative that specifies:(i) the policies regarding bed-hold periods permitting a resident to return; and(ii) the duration of the bed-hold policy, if any, and the resident is permitted to return and resume residence in the facility;(b) written notice is provided to the resident and a family member or legal representative, that specifies the duration of the bed-hold policy at the time of transfer of a resident to a hospital or for therapeutic leave;(c) notification is provided as soon as possible following a transfer necessitated by a medical emergency; and(d) a written policy is established and followed for when a resident whose hospitalization or therapeutic leave exceeds the bed-hold period may be readmitted to the facility.(8) The licensee shall establish and maintain identical policies and practices regarding transfer, discharge, and the provision of services for each individual regardless of pay source.(9) The licensee shall have a written transfer agreement in effect with one or more hospitals to ensure that: (a) residents are transferred from the facility to the hospital and ensured of timely admission to the hospital when transfer is medically necessary as determined by the attending physician;(b) medical and other information needed for care and treatment of residents is exchanged between facilities including documentation of reasons for a less expensive setting; and(c) security and accountability of personal property of the individual transferred is maintained.Utah Admin. Code R432-150-21
Amended by Utah State Bulletin Number 2024-01, effective 12/12/2023