Section 400-6-004 - DISCHARGE004.01 If a member voluntarily discharges without good cause on two or more occasions, his or her application for readmission to a Home will be denied for one year unless there are extenuating circumstances, subject to the approval of the Board. Good cause and extenuating circumstances are determined by the Board.004.02 A member may be involuntarily discharged if deemed a danger to self or any other person or for other cause including, but not limited to, commission of any of the following acts by a member or the member's spouse, legal representative or other fiduciary: 004.02A Submission of an application for admission which is inaccurate or incomplete;004.02B Failure to pay the member's member contribution within sixty (60) days of the due date;004.02C Transfer or assignment of an interest in real property;004.02D Deprivation of any income or asset of an applicant or member or his or her spouse or dependent child(ren) which, absent such deprivation, would be considered in determining the member contribution or which adversely affects payment of the member contribution;004.02E Transfer, either before or after admission, of income of a member or his or her spouse or dependent child(ren) or any asset into a trust and failure of the trustee to timely disburse amounts from the trust sufficient to assure that the member's contribution does not become delinquent;004.02F Consent to a divorce decree which deprives the member of any income or asset which would, absent such decree, have been considered in determining the member's contribution;004.02G Failure to report an asset and/or income increase within thirty (30) days;004.02H Failure to report an inheritance, legacy, back pay award, federal benefit or other change in assets which are available or deemed available to the member or his or her spouse or dependent child(ren) within thirty (30) days;004.02I Failure to apply for all monetary benefits for which a member may qualify which would increase the member's assets and income and result in an increase in his or her monthly member contribution;004.02J Failure to furnish written consent to release medical or financial information within five (5) business days upon request; and/or004.02K Failure to comply with Department or Board policies for applicants or members.004.03 The Administrator will notify the member and/or member's legal representative, within thirty (30) days of discovery of a situation that may require discharge except in emergency situations. In non-emergency situations, the member and/or his or her legal representative have sixty (60) days after receipt of the notice to correct the situation as required. No notice is required for discharge due to an emergency.004.04 The discharge notice in a non-emergency situation will be in writing and state the grounds for discharge. A copy of such notice will be sent to the Secretary. All involuntary discharge notices will be submitted to the Board for final determination. Involuntary discharge may occur in emergent situations pending the Board final determination.004.04A A member involuntarily discharged for cause may not reapply for six (6) months after discharge. When a member is involuntarily discharged based on medical reasons, the discharged member or his or her legal representative may reapply for admission upon written certification by two (2) physicians that any medical basis for the discharge no longer exists.400 Neb. Admin. Code, ch. 6, § 004
Adopted effective 9/20/2023