AGING AND DISABILITY SERVICES ADMINISTRATION
2008 NH "Dear Administrator" Letters
December 31, 2008
ADSA: NH #2008-022
Transfer/Discharge and Hearing Requirements
Dear Nursing Facility/Home Administrator:
In February 2006 we sent all nursing homes a letter explaining the transfer and discharge requirements. The purpose of this letter is to remind you of the nursing home’s responsibilities related to the transfer/discharge of any resident.
Federal and state requirements related to transfer and discharge are found in CFR 483.12; RCW 74.42.450; WACs 388-97-0120, -0140 and 0160. It is your responsibility to be familiar with and follow these requirements.
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 “a nursing home” or “a homeless shelter.”
Before you discharge a resident you are required 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. 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. You need to know enough about the resident before admission to know if you and your nursing home are able to provide the care and services needed by the resident.
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 includes the elements of both federal and state law. 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
