Ch. 49, § 3. Involuntary Discharge or Transfer of a Resident

(a) Pursuant to 42 CFR 483.15 (c), the facility shall permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless one of the following conditions is met: (i) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility; (ii) The transfer or discharge is appropriate because the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility; (iii) The safety of individuals in the facility is endangered due to the clinical or behavioral status of the resident; (iv) The resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility. Non-payment applies if the resident does not submit the necessary paperwork for third party payment or after third party, including Medicare or Medicaid, denies the claim and the resident refuses to pay for his or her stay. For a resident who becomes eligible for Medicaid after admission to a facility, the facility may charge a resident only allowable charges as outlined in Chapter 7, Wyoming Nursing Home Reimbursement System; (v) The facility ceases to operate; or (vi) The health of individuals in the facility would otherwise be endangered. (b) Pursuant to 42 CFR 483.15 (c)(3) before a facility transfers or discharges a resident, the facility shall: (i) Notify the resident and the resident's representative(s) of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand. The facility shall send a copy of the notice to a representative of the Office of the State Long-Term Care Ombudsman; (ii) Record the reasons for the transfer or discharge in the resident's medical record in accordance with 42 CFR 483.15 (c)(2); and (iii) Include in the notice the items described in 42 CFR 483.15 (c)(5). (c) Pursuant to 42 CFR 483.15 (c)(4) the notice of transfer or discharge required under Section 3 (c) of this chapter shall be made by the facility at least 30 days before the resident is transferred or discharged. Under the following circumstances, notice may be made as soon as practicable before transfer or discharge: (i) The safety of individuals in the facility would be endangered under 42 CFR 483.15 (c)(1)(i)(C); (ii) The health of individuals in the facility would be endangered, under 42 CFR 483.15 (c)(1)(i)(D); (iii) The resident's health improves sufficiently to allow a more immediate transfer or discharge, under 42 CFR 483.15 (c)(1)(i)(B); (iv) An immediate transfer or discharge is required by the resident's urgent medical needs, under 42 CFR 483.15 (c)(1)(i)(A); or (v) A resident has not resided in the facility for 30 days.