Editorial Note on Part 51
Editorial Note: Nomenclature changes to part 51 appear at 74 FR 19432, Apr. 29, 2009.

§ 51.410 Transfer and discharge. ( a ) *Definition.* For purposes of this section, the term “transfer or discharge” includes movement of a participant to a program outside of the adult day health care program whether or not the program of care is in the same facility.
( b ) *Transfer and discharge requirements.* At the time of intake screening, the State home must discuss the possible reasons for transfer or discharge with the participant and, to the extent practicable and appropriate, with family members (subject to the consent of the participant) or the participant's legal representatives. In the case of a transfer and discharge to a hospital, the transfer and discharge must be to the hospital closest to the adult day health care facility that can provide the necessary care. The State home must permit each participant to remain in the program of care, and not transfer or discharge the participant from the program of care unless: ( 1 ) The transfer and discharge is necessary for the participant's welfare and the participant's needs cannot be met in the adult day health care setting;
( 2 ) The transfer and discharge is appropriate because the participant's health has improved sufficiently so that the participant no longer needs the services provided in the adult day health care program;
( 3 ) The safety of individuals in the facility is endangered;
( 4 ) The health of individuals in the facility would otherwise be endangered;
( 5 ) The participant has failed, after reasonable and appropriate notice, to pay for participation in the adult day health care program; or
( 6 ) The adult day health care program ceases to operate.
( c ) *Notice before transfer or discharge.* Before an adult day health care program undertakes the transfer or discharge of a participant, the State home must: ( 1 ) Notify the resident of the transfer or discharge and the reasons for the move in writing and in a language and manner he or she understands. The resident has the right to decide whether to have the State home notify his or her legal representative or interested family member of changes;
( 2 ) Record the reasons in the participant's clinical record; and
( 3 ) Include in the notice the items described in paragraph (e) of this section.
( d ) *Timing of the notice.* ( 1 ) The notice of transfer or discharge required under paragraph (c) of this section must be made by the State home at least 30 calendar days before the participant is given a transfer or discharge, except when specified in paragraph (d)(2) of this section.
( 2 ) Notice may be made as soon as practicable before a transfer or discharge when ( i ) The safety of individuals in the facility would be endangered;
( ii ) The health of individuals in the facility would be otherwise endangered;
( iii ) The participant's health improves sufficiently that the participant no longer needs the services provided by the adult day health care program of care; or
( iv ) The participant's needs cannot be met in the adult day health care program of care.
( e ) *Contents of the notice.* The written notice specified in paragraph (c) of this section must include the following: ( 1 ) The reason for the transfer or discharge;
( 2 ) The effective date of the transfer or discharge;
( 3 ) The location to which the participant is taken in accordance with the transfer or discharge, if any;
( 4 ) A statement that the participant has the right to appeal the action to the State official responsible for the oversight of State home programs; and
( 5 ) The name, address and telephone number of the first listed of the following that exists in the State: ( i ) The State long-term care ombudsman, if the long-term care ombudsman serves adult day health care facilities; or
( ii ) Any State ombudsman or advocate who serves adult day health care participants; or
( iii ) The State agency responsible for oversight of State adult day care facilities.
( f ) *Orientation for transfer and discharge.* The State home must provide sufficient preparation and orientation to participants to ensure safe and orderly transfer or discharge from the State home.
( g ) *Written policy.* The State home must have in effect written transfer and discharge procedures that reasonably ensure that: ( 1 ) Participants will be given a transfer or discharge from the adult day health care program to the hospital when transfer or discharge is medically appropriate as determined by a physician; and
( 2 ) Medical and other information needed for care and treatment of participants will be exchanged between the facility and the hospital.
(The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0160)