22 Va. Admin. Code § 40-73-435
Current through Register Vol. 41, No. 6, November 4, 2024
Section 22VAC40-73-435 - Appeal of an emergency or involuntary dischargeA. A resident may appeal any involuntary or emergency discharge other than discharges resulting from the assisted living facility closing in accordance with this chapter.B. The facility shall provide the resident with the department's discharge notice form describing the resident's right to appeal and the appeal process pursuant to § 63.2-1805 of the Code of Virginia. The form shall state that the appeal notice shall be sent to the department's Division of Appeals and Fair Hearings. 1. In the event of an emergency discharge, the facility shall provide the department's discharge notice form as soon as possible, but no later than five days after the emergency discharge.2. In the event of an involuntary discharge, the facility shall provide the department's discharge notice form at least 30 days prior to an involuntary discharge.C. The facility shall assist the resident and resident's legal representative, if any, when the resident is filing an appeal.D. The facility shall provide a postage prepaid envelope addressed to the department to use if the appeal is mailed, if requested by the resident.E. The facility shall inform the resident of the resident's rights to continue to reside in the facility, free from retaliation, until the appeal has a final department case decision unless the discharge is an emergency discharge or the resident has developed a condition or care need that is prohibited by 22VAC40-73-310 H in accordance with § 63.2-1805 D of the Code of Virginia.F. Any appeal of an involuntary discharge must be filed within the 30-day discharge notice period.G. A resident removed under an emergency discharge and who no longer resides in the facility retains the right to file an appeal pursuant to § 63.2-1805 of the Code of Virginia and 22VAC40-73-430 D.H. An appeal is considered filed upon receipt by the department's Division of Appeals and Fair Hearings.22 Va. Admin. Code § 40-73-435
Derived from Virginia Register Volume 40, Issue 1, eff. 11/27/2023.Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.