(a)

1. (1) A resident may be transferred or discharged only for:

   1. (A) Medical reasons;
   2. (B) His or her welfare or the welfare of other residents;
   3. (C) The resident presents a danger to the safety or health of other residents;
   4. (D) Because the resident no longer needs the services provided by the facility;
   5. (E) Nonpayment for his or her stay; or
   6. (F) The facility ceases operation.
2. (2) The resident shall be given reasonable written notice to ensure orderly transfer or discharge.

3. (3)

   1. (A) The term "transfer" applies to the movement of the resident from facility to another facility.
   2. (B) "Medical reasons" for transfer or discharge:

(i) Shall be based on the resident's needs; and

1. (ii)

(b) (b) That documentation shall become a part of the resident's permanent medical record.

1. (C) "Reasonable notice of transfer or discharge" means the decision to transfer or discharge a resident:

   1. (i) Shall be discussed with the resident; and

      1. (ii) The resident will be told the reason or reasons and alternatives available.

(b) A minimum of thirty (30) days written notice must be given.

1. (c) Transfer for the welfare of the resident or other residents may be affected immediately if such action is documented in the medical record.

   1. (d)
2. (1) An appeals process for residents objecting to transfer or discharge shall be developed by the facility, in accordance with Arkansas Code § 20-10-1005, as amended.

3. (2) The process shall include:

   1. (A)

      1. (i) The written notice of transfer or discharge shall state the reason for the proposed transfer or discharge.
      2. (ii) The notice shall inform the resident that they have the right to appeal the decision to the Secretary of the Department of Human Services within seven (7) calendar days.
      3. (iii) The resident must be assisted by the facility in filing the written objection to transfer or discharge;
   2. (B) Within fourteen (14) days of the filing of the written objections a hearing will be scheduled; and
   3. (C) A final determination in the matter will be rendered within seven (7) days of the hearing.