Kan. Admin. Regs. § 28-39-148

Current through Register Vol. 43, No. 49, December 5, 2024

Section 28-39-148 - Admission, transfer and discharge rights of residents in adult care homes

(a) The adult care home shall permit each resident to remain in the adult care home, and shall not transfer or discharge the resident from the adult care home unless:

(1) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the current adult care home;

(2) the safety of other individuals in the adult care home is endangered;

(3) the health of other individuals in the adult care home is endangered;

(4) the resident has failed, after reasonable and appropriate notice, to pay the rates and charges imposed by the adult care home; or

(5) the adult care home ceases to operate.

(b) Before the adult care home transfers or discharges a resident involuntarily, the adult care home shall:

(1) Notify the resident and if known, a family member or legal representative of the resident, of the transfer or discharge and the reasons;

(2) document in the resident's clinical record the reason for the transfer or discharge under any of the circumstances specified in subsection (a) (1) through (4) of this regulation. The documentation shall be made by:

(A) The resident's physician when transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met by the adult care home;

(B) the resident's physician when transfer or discharge is appropriate because the resident's health has improved sufficiently so that resident no longer needs the services provided by the adult care home; or

(C) any physician when transfer or discharge is necessary because the health or safety of other individuals in the adult care home is endangered.

(c) A notice of transfer or discharge shall be provided in writing to the resident or legal representative 30 days before the resident is transferred or discharged involuntarily except in an emergency when:

(1) the safety of other individuals in the adult care home would be endangered; or

(2) the resident's urgent medical needs require an immediate transfer to another health care facility.

(d) The written transfer or discharge notice shall include the following:

(1) The reason for the transfer or discharge;

(2) the effective date of the transfer or discharge;

(3) the address and telephone number of the complaint program of the Kansas department of health and environment where a complaint related to involuntary transfer or discharge may be registered;

(4) the address and telephone number of the long-term care ombudsman for the Kansas department on aging; and

(5) for residents who have developmental disabilities or who are mentally ill, the address and telephone number of the Kansas advocacy and protection services, inc.

(e) Each adult care home shall provide sufficient preparation and orientation to a resident to ensure safe and orderly transfer and discharge from the adult care home.

(f) The adult care home shall develop a discharge plan with the involvement of the resident, family or legal representative when practicable.

(g) If the resident is transferred or discharged to another health care facility, sufficient information shall accompany the resident to assure continuity of care in the new facility.

(h) Before a nursing facility, assisted living, residential health care, or home plus facility transfers a resident to a hospital or a resident goes on therapeutic leave, the facility shall provide written information to the resident and if known, a family member or legal representative that specifies the following:

(1) The period of time during which the resident is permitted to return and resume residence in the facility;

(2) the cost to the resident, if any, to hold the resident's bedroom, apartment, individual living unit or slot in adult day care until the resident's return; and

(3) that when the resident's hospitalization or therapeutic leave exceeds the period identified in the policy of a nursing facility, the resident will be readmitted to the nursing facility immediately upon the first availability of a bed in a semiprivate room if the resident requires the services provided by the nursing facility.

(i) Admission policy. Each licensee shall have written admission policies regarding admission of residents. The admission policy shall meet the following requirements.

(1) The adult care home shall admit only those persons whose physical, mental and psychosocial needs can be met within the accommodations and services available in the adult care home.

(A) Each resident in a nursing facility shall be admitted under the care of a physician licensed to practice in Kansas.

(B) The adult care home shall not admit children under the age of 16.

(C) Any person in need of specialized services for mental illness shall be admitted only to an adult care home which can provide the accommodations and treatment which will assist that person to achieve and maintain the highest practicable level of physical, mental and psychosocial functioning.

(2) Before admission, the adult care home shall inform the prospective resident or legal representative in writing of the rates and charges for the adult care home's services and of the resident's obligations regarding payment. This information shall include the refund policy of the adult care home.

(3) At the time of admission, the adult care home shall execute a written agreement with the resident or legal representative which describes in detail the services and goods which the resident will receive, and sets forth the obligations that the resident has toward the adult care home.

(4) An admission agreement shall not include a general waiver of liability for the health and safety of residents.

(5) Each admission agreement shall be written in clear and unambiguous language and printed clearly in black type which is not less than 12-point type.

(j) At the time of admission, the adult care home shall inform the resident or legal representative in writing of the state statutes related to advance medical directives.

(1) A copy of any advance medical directives executed by the resident shall be on file in the resident's record.

(2) The adult care home shall develop and implement policies and procedures related to the advance medical directives.

(k) The adult care home shall provide a copy of resident rights, the adult care home's policies and procedures for advance medical directives and the adult care home's grievance policy to each resident or the resident's legal representative before the prospective resident signs any admission agreement.

Kan. Admin. Regs. § 28-39-148

Authorized by and implementing K.S.A. 39-932; effective Nov. 1, 1993; amended Feb. 21, 1997.