Transfer, discharge, and expulsion of clients

1. Movement of clients between levels of service by a provider agency or between provider agencies must be pursuant to a determination by the person-centered service plan team. Payment for the cost of a new service is contingent upon the timely submission to the department of a person-centered service plan. 2. Movement of clients are subject to the policies and procedures of the North Dakota program management system and the approval of the department. 3. Any emergency movement may be initiated by the provider agency only with immediate notification of the department, client, and client-authorized representative. The movement is subject to subsequent review by the department which will determine if: a. An emergency existed; b. The rights of the client were protected and preserved; c. Documentation exists in support of the provider agency's action; d. A prognosis of the client's potential for returning has been made; and e. Services required to maintain the client in a habilitative setting are least restrictive and have been provided prior to movement. 4. The department will determine whether a payment should be stopped as a consequence of the vacancy caused by movement of a client. 5. Upon a finding, by the department, that movement of a client constituted a violation of any right secured to the client by North Dakota Century Code chapter 25-01.2, the department may withhold payment for services provided during the period of time that the violation existed.