Except in cases of provisional placements, in the event of involuntary transfer or discharge of a resident, the assisted living facility shall:

1. (1) Discuss with the resident the decision to transfer or discharge the resident;
2. (2) Inform the resident of the reason for the transfer or discharge;
3. (3) Inform the resident of any available alternative to the transfer or discharge;

4. (4)

   1. (A) Provide a thirty-day written notice of transfer or discharge, unless an immediate discharge is required to ensure the welfare of the resident or the welfare of other residents may be immediately affected or the conditions found in Arkansas Code § 20-10-1005(a)(1) exist.

   2. (B) The written notice shall contain, at a minimum:

      1. (i) The reason or reasons for the transfer or discharge;
      2. (ii) Except for a transfer pursuant to 20 CAR § 411-205(i), a statement of the resident’s right of appeal;
      3. (iii) Except for a transfer pursuant to 20 CAR § 411-205(i), a statement that an appeal must be made to the Office of Long-Term Care; and
      4. (iv) Except for a transfer pursuant to 20 CAR § 411-205(i), a statement that the notice of appeal must be made within seven (7) calendar days of the written notice of transfer or discharge to the resident;
5. (5) In the event an immediate transfer or discharge is required pursuant to the conditions set forth in subdivision (4) of this section, advise the resident or his or her responsible party, and immediate arrangements shall be made based on the written occupancy admission agreement to transfer or discharge such resident to an appropriate facility;
6. (6) Where there is no responsible party or the responsible party is unwilling to act, notify the Adult Protective Services Unit of the Department of Human Services for the county in which the assisted living facility is located and other appropriate agencies when transfer assistance is needed;

7. (7) Provide a copy of pertinent information that must include:

   1. (A) Identifying information including Social Security number and Medicaid number, if there is one, and birth date;
   2. (B) Responsible party contact information;
   3. (C) Summary of needs/problems including medications, treatments, and diagnosis; and
   4. (D) Social history, if available;
8. (8) Refund to the resident or his or her responsible party any security deposit, less appropriate deductions for damage or specific charges made to the assisted living facility by or on behalf of the resident;

9. (9)

   1. (A) Document in the resident’s file the reasons for the transfer or discharge.

   2. (B) Prior to making such transfer or discharge, the assisted living facility shall:

      1. (i) Develop a transfer or discharge plan consistent with the occupancy admission agreement; and

      2. (ii) Document in the resident’s file the following:

         1. (a) (a) The reason for the transfer or discharge;
         2. (b) (b) The strategies used, if any, to prevent involuntary transfer or discharge;
      3. (c) (c) The fact that the resident or his or her responsible party was informed and the manner in which they were informed; and
      4. (d) (d) The name, address, and telephone number of the individual or location to which the resident is to be transferred or discharged; and

10. (10)

    1. (A) If it is determined that there is a medical need for a transfer to another healthcare facility because the assisted living facility cannot meet the resident’s needs, such transfers shall be initiated promptly.

    2. (B) The registered nurse shall be notified and shall ensure:

       1. (i) That the resident is receiving appropriate care prior to transfer or discharge; and
       2. (ii) That discharge or transfer occurs in a manner consistent with the medical needs of the resident including arrangements for appropriate transportation.