1. (1) The licensee may discharge, transfer, or evict a resident for any of the following reasons:

   1. (a) the facility ceases to operate;
   2. (b) the resident fails to comply with written policies or rules of the facility;
   3. (c) the resident fails to pay for services as required by the admission agreement;
   4. (d) the resident wishes to transfer; or
   5. (e) the resident's needs cannot be met because the resident poses a threat to the health or safety of self or others, or the resident's required medical treatment cannot be provided.
2. (2) Before a resident transfer or discharge is initiated, the licensee shall ensure a transfer or discharge notice is served to the resident and the resident's responsible person.

3. (3) Before a resident transfer or discharge is initiated, the licensee shall:

   1. (a) ensure the notice is delivered either by hand or by certified mail; and

   2. (b) ensure the notice is served at least 30 days before the day of planned resident transfer or discharge, unless notice for a shorter period is necessary:

      1. (i) if the resident's urgent medical needs require an immediate transfer or discharge;
      2. (ii) if the resident has not resided in the facility for at least 30 days;
      3. (iii) to protect the health of the individuals in the facility from endangerment due to the medical or behavioral status of the resident; or
      4. (iv) to protect the safety of the individuals in the facility from endangerment due to the resident's continued residency.

4. (4) The licensee shall ensure that the notice of transfer or discharge:

   1. (a) contains the name, mailing address, email address, and telephone number of Utah's long-term care ombudsman;
   2. (b) contains, for a developmentally disabled resident, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under Developmental Disabilities Assistance and Bill of Rights Act of 2000, Pub. L. No. 106-402;
   3. (c) contains, for a mentally ill resident, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under Protection and Advocacy for Mentally Ill Individuals Act of 1986, Pub. L. No. 99-319;
   4. (d) is in writing with a copy placed in the resident file;
   5. (e) is phrased in a manner and language that can be understood by the resident and the resident's responsible person;
   6. (f) states the effective date of transfer or discharge;
   7. (g) states the location where the resident will be transferred or discharged to if known;

   8. (h) states the reasons for transfer or discharge; and

      1. (i) states that the resident may request a conference within five calendar days of receipt of the notice to discuss the transfer or discharge.

5. (5) The licensee shall:

   1. (a) provide the notice described in this section to the resident and the resident's responsible person at least 30-days before the day that the resident is transferred or discharged, unless notice of a shorter period is necessary to protect the health or safety of individuals in the facility due to the medical or behavioral status of the resident;
   2. (b) send a copy of the notice described in this section to Utah's long-term care ombudsman on the same day that the licensee delivers the notice to the resident and resident's responsible person;
   3. (c) update the transfer or discharge notice as soon as practicable before the transfer or discharge, if information in the notice changes before the transfer or discharge; and
   4. (d) verbally explain to the resident, the services available through the ombudsman and the contact information for the ombudsman.
6. (6) The licensee shall ensure the transfer or discharge notice is prepared, discussed, provided, and documented to ensure a safe and orderly transfer or discharge from the facility.

7. (7)(a) The resident or the resident's responsible person may contest a transfer or discharge.

   1. (b) If the transfer or discharge is contested, the licensee shall provide an informal conference, except where undue delay might jeopardize the health, safety, or well-being of the resident or others.
   2. (c) The resident, or the resident's responsible person, shall request the conference within five calendar days of the day of receipt of notice of discharge to determine if a satisfactory resolution can be reached.

   3. (d) Participants in the conference shall include:

      1. (i) the facility representatives;
      2. (ii) the resident, or the resident's responsible person; and
      3. (iii) any others requested by the resident, or the resident's responsible person.

8. (8) If the facility closes, the licensee shall provide written notification of the closure to:

   1. (i) Utah's long-term care ombudsman;

      1. (ii) each resident of the facility; and
      2. (iii) each resident's responsible person.
9. (9) The licensee may not discharge a resident for the sole reason that the resident or the resident's legal representative requests to install or operate a monitoring device in the resident's room in accordance with Section 26B-2-236.

KEY: health care facilities

Date of Last Change: November 13, 2025

Notice of Continuation: February 7, 2024

Authorizing, and Implemented or Interpreted Law: 26B-2-202