1. A. An administrator shall ensure that:

   1. 1. A resident is transferred or discharged if:

      1. a. The nursing care institution is not authorized or not able to meet the needs of the resident, or
      2. b. The resident’s behavior is a threat to the health or safety of the resident or other individuals at the nursing care institution; and

   2. 2. Documentation of a resident’s transfer or discharge includes:

      1. a. The date of the transfer or discharge;
      2. b. The reason for the transfer or discharge;

      3. c. A 30-day written notice except:

         1. i. In an emergency, or
         2. ii. If the resident no longer requires nursing care institution services as determined by a physician or the physician’s designee;
      4. d. A notation by a physician or the physician’s designee if the transfer or discharge is due to any of the reasons listed in subsection (A)(1); and
      5. e. If applicable, actions taken by a personnel member to protect the resident or other individuals if the resident’s behavior is a threat to the health and safety of the resident or other individuals in the nursing care institution.

2. B. An administrator may transfer or discharge a resident for failure to pay for residency if:

   1. 1. The resident or resident’s representative receives a 30-day written notice of transfer or discharge, and
   2. 2. The 30-day written notice includes an explanation of the resident’s right to appeal the transfer or discharge.

3. C. Except for a transfer of a resident due to an emergency, an administrator shall ensure that:

   1. 1. A personnel member coordinates the transfer and the services provided to the resident;

   2. 2. According to policies and procedures:

      1. a. An evaluation of the resident is conducted before the transfer;
      2. b. Information from the resident’s medical record, including orders that are in effect at the time of the transfer, is provided to a receiving health care institution; and
      3. c. A personnel member explains risks and benefits of the transfer to the resident or the resident’s representative; and

   3. 3. Documentation in the resident’s medical record includes:

      1. a. Communication with an individual at a receiving health care institution;
      2. b. The date and time of the transfer;
      3. c. The mode of transportation; and
      4. d. If applicable, the name of the personnel member accompanying the resident during a transfer.

4. D. Except in an emergency, a director of nursing shall ensure that before a resident is discharged:

   1. 1. Written follow-up instructions are developed with the resident or the resident’s representative that includes:

      1. a. Information necessary to meet the resident’s need for medical services and nursing services; and
      2. b. The state long-term care ombudsman’s name, address, and telephone number;
   2. 2. A copy of the written follow-up instructions is provided to the resident or the resident’s representative; and

   3. 3. A discharge summary is developed by a personnel member and authenticated by the resident’s attending physician or designee and includes:

      1. a. The resident’s medical condition at the time of transfer or discharge,
      2. b. The resident’s medical and psychosocial history,
      3. c. The date of the transfer or discharge, and
      4. d. The location of the resident after discharge.

Historical Note

New Section R9-10-408 made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2). Amended by final rulemaking at 25 A.A.R. 1583, effective October 1, 2019 (Supp. 19-3).