3909.1 Each home care agency shall have written policies that describe transfer, discharge, and referral criteria and procedures.

3909.2 Each patient shall receive written notice of discharge or referral no less than seven (7) calendar days prior to the action. The seven (7) day written notice shall not be required, and oral notice may be given at any time, if the transfer, referral or discharge is the result of:

1. (a) A medical or social emergency;
2. (b) A physician's order to admit the patient to an in-patient facility;
3. (c) A determination by the home care agency that the referral or discharge is necessary to protect the health, safety or welfare of agency staff;
4. (d) A determination, made or concurred in by a physician, that the condition that necessitated the provision of services no longer exists; or
5. (e) The refusal of further services by the patient or the patient's representative.

3909.3 Each home care agency shall document activities related to discharge planning for each patient in the patient's record.

SOURCE: Final Rulemaking published at 51 DCR 2876 (March 19, 2004).