AGING AND DISABILITY SERVICES ADMINISTRATION

2008 AFH "Dear Provider" Letters

December 31, 2008

ADSA: AFH #2008-028
TRANSFER/DISCHARGE REQUIREMENTS

Dear Adult Family Home Provider:

In February 2006 we sent all adult family homes a letter explaining the transfer and discharge requirements.  The purpose of this letter is to remind you of the adult family home’s responsibilities related to the transfer/discharge of any resident.

You are responsible to know and follow the state requirements related to transfer and discharge.  Those requirements can be found in RCW 70.129.030, RCW 70.129.110, and WAC 388-76-10615.  

The department expects you to include the location (place/facility name and address) to which the resident will be discharged in any discharge notice.  Your entry of a location cannot just be “an adult family home” or “a homeless shelter.”

Before you consider discharging a resident, you must reasonably accommodate the resident’s needs. Reasonable accommodation differs for each resident and depends on the particular situation.  If you discharge a resident because the adult family home is unable to meet the resident’s needs, you must be able to show specifically why you cannot meet those needs.  You need to know enough about each resident before admission to have a good idea if you are able to provide the care and services needed. (RCW 70.129.030).

You must notify residents when you start the transfer/discharge process.  Under most circumstances you must give the resident a minimum of thirty days notice of the transfer/discharge (RCW 70.129.110).  You may use any transfer or discharge notice form that includes all of the required elements in RCW 70.129.110 (5).

Here are some highlights of the adult family home transfer/discharge requirements:

• The adult family home must allow each resident to stay in the home, and not transfer or discharge the resident unless:
  1. The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the home;
  2. The safety or health of individuals in the home is or would otherwise be endangered;
  3. The resident has failed to make the required payment for his or her stay; or
  4. The home ceases to operate.
• Before a home transfers or discharges a resident, the home must:
  
  1. First attempt through reasonable accommodations to avoid the transfer or discharge, unless agreed to by the resident;
     
  2. Notify the resident and representative and make a reasonable effort to notify, if known, an interested family member of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand;
     
  3. Record the reasons in the resident's record; and
  4. Include in the notice the items described in RCW 70.129.110 subsection (5).
• Except as specified in the following bullet (WAC 388-76-10615 (4) of this section), the home must give notice of the transfer or discharge at least thirty days before the resident is transferred or discharged.
• The home may make the notice as soon as practicable before transfer or discharge when:
  1. The safety and health of the individuals in the home would be endangered;
  2. An immediate transfer or discharge is required by the resident's urgent medical needs; or
  3. A resident has not resided in the home for thirty days.
• The home must include the following in the written notice specified in WAC 388-76-10615 (2) of this section:
  1. The reason for transfer or discharge;
  2. The effective date of transfer or discharge;
     
  3. The location where the resident is transferred or discharged;
     
  4. The name, address, and telephone number of the state long-term care ombudsman;
     
  5. For residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals; and
     
  6. For residents who are mentally ill, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals.
• The home must give residents enough preparation and orientation to ensure a safe and orderly transfer or discharge from the home.
• If the home discharges a resident in violation of this section, the home must readmit the resident to the home as soon as a gender-appropriate bed becomes available.

If you have any questions about discharge and transfer requirements, please contact your local RCS Field Manager.

Sincerely,

Joyce Pashley Stockwell, Director
Residential Care Services