A facility shall establish and maintain policies and procedures for admission, readmission, discharge, and transfer of residents that prohibit discrimination based upon payment source. The facility shall notify each resident at or before the time of admission of these policies and procedures. The policies and procedures must include the following provisions:

1. (1) The resident may not be transferred or discharged unless the resident's needs and safety cannot be met by the facility, the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility, the safety or health of persons in the facility is endangered by the resident, the resident has failed to pay for allowable billed services as agreed to, or the facility ceases to operate.

   The facility shall conduct an evaluation or assessment of each resident to determine if the facility is able to meet the needs of the resident. The determination must be discussed with the resident or the resident's designated representative and documented in accordance with §§ 44:70:01:05 and 44:70:05:03. If the facility is not able to meet the needs of the resident, discharge planning in accordance with § 44:70:04:16 must be coordinated with the facility to which the resident is to be transferred or discharged, the resident, and family member or designated representative to an appropriate level of care to meet the resident's individualized needs;

2. (2) The facility shall notify the resident or designated representative and state ombudsman in writing at least thirty days before the transfer or discharge of the resident. If the resident's health requires immediate transfer or discharge, the thirty days notice is not required. The written notice must specify the reason, effective date, and the location to which the resident will be transferred or discharged; and
3. (3) The facility shall provide to the resident or designated representative a description of how the resident may appeal a decision by the facility to transfer or discharge the resident including the right to a fair hearing.

Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019 ; 50 SDR 19, effective August 30, 2023 .

General Authority: SDCL 34-12-13 (15).

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2019-11-26, 2012-01-09.