Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-8 - HEALTHCARE FACILITY REGULATION › Subject 111-8-50 - LONG-TERM CARE FACILITIES: RESIDENTS' BILL OF RIGHTS › Rule 111-8-50-.11 - Transfer and Discharge

Current through Rules and Regulations filed through June 27, 2024
(1) In an emergency situation where the
				resident or other residents are subject to an imminent and substantial danger
				that only immediate transfer or discharge will relieve, the facility may
				involuntarily transfer the resident to another health facility. The person in
				charge shall document in the resident's file the reasons for such emergency
				transfer and shall immediately inform the resident, guardian and other persons
				of the resident's choice regarding such transfer and the place where the
				resident is to be transferred.
(2)
				In all other situations an involuntary transfer or discharge must be in
				accordance with any of the following reasons and procedures and only after all
				other reasonable alternatives to transfer have been exhausted:
(a) The resident's physician or, if
				unavailable, another physician determines that failure to transfer the resident
				will result in injury or illness to the resident or others. The resident's
				physician shall be kept informed of actions taken. The attending physician must
				document that determination in the resident's record. If the basis for the
				transfer or discharge is the threat of injury or illness to the resident only,
				the resident cannot be transferred or discharged unless the physician documents
				in the resident's medical record that such transfer or discharge is not
				expected to endanger the resident to a greater extent than remaining in the
				facility; or
(b) The facility does
				not participate in, or voluntarily or involuntarily ceases to operate or
				participate in the program which reimburses for the resident's care. In the
				event that a facility voluntarily or involuntarily ceases to operate or
				participate in the program which reimburses for the resident's care and
				proposes to transfer or discharge a resident because of that fact, the facility
				must cooperate fully with and take all reasonable directives from the State
				Medicaid Agency and the Health Care Financing Administration Regional Office in
				the implementation of any transfer planning and transfer counseling conducted
				by these agencies; or
(c)
				Nonpayment of allowable fees has occurred. When a resident has been converted
				from full or private pay status to Medicaid eligibility due to exhaustion of
				personal financial resources, nonpayment of allowable fees has not occurred so
				long as the facility participates in the Medicaid program. Similarly,
				conversion from Medicare/Medicaid eligibility status does not constitute
				nonpayment of allowable fees; or
(d) The findings of a Medicare or Medicaid
				medical necessity review determine that the resident no longer requires the
				level of care presently being provided, subject to the right of the resident to
				any appeal procedure available to challenge the determination of medical
				necessity review. Where space permits, the resident must be given the option of
				staying at the facility, if the facility is certified to provide the new level
				of care.