AGING AND DISABILITY SERVICES ADMINISTRATION
2006 NH "Dear Administrator" Letters
February 3, 2006
ADSA: NH #2005-004
transfer/discharge AND hearing requirements
Dear Nursing Facility/Home Administrator:
In the past few months, concerns about the transfer and discharge of residents have been raised. The purpose of this letter is to remind you of some of the nursing home’s responsibilities related to transfer/discharge. This letter also includes some information from Dear Nursing Home Administrator letter 98-006, which has been rescinded.
Federal and state requirements related to transfer and discharge are found in CFR 483.12; RCW 74.42.450; WACs 388-97-042, -043 and -047. It is your responsibility to be familiar with these requirements.
Some of the issues that have been brought to my attention are concerns about:
- Nursing homes’ failure to explain what they mean when a resident is discharged because the facility is “unable to meet the resident’s needs;”
- The steps the nursing homes have taken to reasonably accommodate the resident, before deciding that they cannot meet the resident’s needs, and
- Whether the nursing homes’ transfer or discharge notice includes the exact location to which the resident will be discharged.
If you discharge a resident because the nursing home is “unable to meet the resident’s needs”, you must be able to show specifically why the nursing home cannot meet those needs. Remember that you are only allowed to admit and retain those residents whose needs you can meet with available resources.
Before you discharge a resident you must try to reasonably accommodate the resident’s needs. Reasonable accommodation will be different for each resident and will be dependent upon the facts of the case.
Any discharge notice must include the specific location to which the resident will be discharged. It does not meet the requirements to state “another nursing home.”
Notice of involuntary transfer or discharge
If you initiate the transfer/discharge you must provide the resident with notice and may use any form of notice that meets federal and state law. However, you may use the DSHS transfer/discharge notice form to ensure that all required information is included. The form is accessible online at http://www1.dshs.wa.gov/pdf/ms/forms/10_237.pdf
Notice of administrative hearings
Residents have the right to appeal a nursing facility transfer/discharge notice. You must provide a copy of the hearing request form at the time you give the notice. The required form is accessible online at http://www1.dshs.wa.gov/pdf/ms/forms/10_238.pdf.
If you have any questions on the discharge and transfer requirements, please feel free to contact your local RCS Field Manager.
Sincerely,
Joyce Pashley Stockwell, Director
Residential Care Services
