S.D. Admin. R. 44:75:15:14

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

Section 44:75:15:14 - Admission, transfer, and discharge policies

A facility shall establish and maintain policies and practices for admission, discharge, and transfer of patients which prohibit discrimination based upon payment source and which are made known to patients at or before the time of admission. The policies and practices shall include:

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

(2) The facility shall notify the patient and a family member or client advocate in writing at least 30 days before the transfer or discharge unless a change in the patient's health requires immediate transfer or discharge or the patient has not resided in the facility for 30 days. The written notice shall specify the reason for and effective date of the transfer or discharge and the location to which the patient will be transferred or discharged;

(3) Conditions under which the patient may request or refuse transfer within the facility; and

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

S.D. Admin. R. 44:75:15:14

42 SDR 51, effective 10/13/2015

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.