(a) Transfer of residents or closure of the facility and transfer of residents in an emergency. The Office of Long-Term Care has the authority to transfer residents to another facility when:

1. (1) An emergency exists wherein the health, safety, or welfare of residents is imperiled and no other remedy exists that would ensure the continued health, safety, or welfare of the residents;
2. (2) A facility intends to close but has not arranged for the orderly transfer of its residents at least thirty (30) days prior to closure; and
3. (3) The facility exceeds its bed capacity as indicated or stated on the facility's license or accepts more residents than the facility has number of beds as indicated or stated on the facility's license, unless granted a waiver by the office.

(c) When the office orders transfer of residents from a facility, the office may:

1. (1) Assist in providing for the orderly transfer to other suitable facilities or make other provisions for the residents' care and safety;
2. (2) Assist in or arrange for transportation of the residents, their medical records, and belongings;
3. (3) Assist in locating alternative placement;
4. (4) Assist in preparing the resident for transfer;
5. (5) Permit the residents' legal guardians or responsible parties to participate in the selection of the residents' new placement; and
6. (6) Unless transfer is due to an emergency, explain alternative placement options to the residents and provide orientation to the placement chosen by the resident or their guardian or responsible party.