S.D. Admin. R. 44:73:11:14

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:73:11:14 - Admission, transfer, and discharge policies

A facility shall establish and implement policies and procedures for admission, readmission, discharge, and transfer of residents that prohibit discrimination based upon payment source. The facility shall notify each resident at or before the time of admission of these policies and procedures. The policies and procedures must include the following provisions:

(1) The resident may remain in the facility and may not be transferred or discharged unless the resident's needs and welfare cannot be met by the facility, the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility, the safety or health of individuals in the facility is endangered by the resident, the resident has failed to pay for allowable billed services as agreed to, or the facility ceases to operate;

(2) The facility must notify the resident or the resident's legal representative and state ombudsman in writing at least thirty days before the transfer or discharge unless a change in the resident's health requires immediate transfer or discharge or the resident has not resided in the facility for thirty days. The written notice must specify the reason for, and effective date of, the transfer or discharge and the location to which the resident will be transferred or discharged;

(3) The conditions under which the resident may request or refuse transfer within the facility; and

(4) A description of how the resident may appeal a decision by the facility to transfer or discharge the resident.

S.D. Admin. R. 44:73:11:14

42 SDR 51, effective 10/13/2015; 51 SDR 053, effective 11/11/2024

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.