Section R432-270-12 - Transfer or Discharge Requirements(1) The licensee may discharge, transfer, or evict a resident for one or more of the following reasons: (a) the resident's needs are no longer able to be met because the resident poses a threat to the health or safety to self or others, or the resident's required medical treatment is no longer able to be provided;(b) the resident fails to pay for services as required by the admission agreement;(c) the resident fails to comply with written policies or rules of the facility;(d) the resident wishes to transfer; or(e) the facility ceases to operate.(2) Before a resident transfer or discharge is initiated, the licensee shall ensure a transfer or discharge notice is served upon the resident and the resident's responsible person. Before a resident transfer or discharge is initiated, the licensee shall: (a) ensure the notice is delivered either by hand or by certified mail; and(b) ensure the notice is served at least 30 days before the day of planned resident transfer or discharge, unless notice for a shorter period of time is necessary to protect: (i) the safety of individuals in the facility from endangerment due to the medical or behavioral status of the resident;(ii) the health of the individuals in the facility from endangerment due to the resident's continued residency;(iii) an immediate transfer or discharge is required by the resident's urgent medical needs; or(iv) the resident has not resided in the facility for at least 30 days.(3) The licensee shall ensure that the notice of transfer or discharge: (a) is in writing with a copy placed in the resident file;(b) is phrased in a manner and in a language that is most likely to be understood by the resident and the resident's responsible person;(c) details the reasons for transfer or discharge;(d) states the effective date of transfer or discharge;(e) states the location where the resident will be transferred or discharged, if known;(f) states that the resident may request a conference to discuss the transfer or discharge; and(g) contains the following information: (i) the name, mailing address, email address, and telephone number of the state long term care ombudsman;(ii) for facility residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under the Developmental Disabilities Assistance and Bill of Rights Act, Part C; and(iii) for facility residents who are mentally ill, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under the Protection and Advocacy for Mentally Ill Individuals Act.(4) The licensee shall: (a) update the transfer or discharge notice as soon as practicable before the transfer or discharge if information in the notice changes before the transfer or discharge;(b) verbally explain to the resident, the services available through the ombudsman and the contact information for the ombudsman; and(c) send a copy of the notice described in Subsection R432-270-12(2) to the state long- term care ombudsman: (i) on the same day that the facility delivers the notice described in Subsection R432-270-12(2) to the resident and the resident's responsible person; and(ii) provide the notice described in Subsection R432-270-12(2) at least 30 days before the day that the resident is transferred or discharged, unless notice for a shorter period is necessary to protect the safety of individuals in the facility from endangerment due to the medical or behavioral status of the resident.(5) The licensee shall ensure the preparation and orientation is provided and documented, in a language and manner the resident is most likely to understand, for a resident to ensure a safe and orderly transfer or discharge from the facility.(6)(a) The resident or the resident's responsible person may contest a transfer or discharge. If the transfer or discharge is contested, the licensee shall provide an informal conference, except where undue delay might jeopardize the health, safety, or well-being of the resident or others.(b) The resident or the resident's responsible person shall request the conference within five calendar days of the day of receipt of notice of discharge to determine if a satisfactory resolution can be reached.(c) Participants in the conference shall include the facility representatives, the resident or the resident's responsible person, and any others requested by the resident or the resident's responsible person.(7) In the event of a facility closure, the licensee shall provide written notification of the closure to the state long-term care ombudsman, each resident of the facility, and each resident's responsible person.(8) The licensee may not discharge a resident for the sole reason that the resident or the resident's legal representative requests to install or operate a monitoring device in the individual's room in accordance with Section 26B-2-236 Monitoring Device -- Installation, notice, and consent--Liability.Utah Admin. Code R432-270-12
Amended by Utah State Bulletin Number 2016-4, effective 1/28/2016Amended by Utah State Bulletin Number 2020-19, effective 9/15/2020Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023