Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Licensing Health Facilities Or Agencies › Part 10 - SPECIAL REQUIREMENTS › Subpart D - NURSING CARE FACILITY › Section R. 325.45385 - Involuntary transfer or discharge

Current through Vol. 24-12, July 15, 2024
Rule 385.
(1)
					 When a nursing care facility provides a patient or the patients legal guardian
					 with a notice of involuntary transfer or discharge, the facility shall provide
					 a copy of the notice to the department and the state long-term care ombudsman
					 at the time the notice is issued to the patient or the patients legal guardian
					 and pursuant to the submission procedures established by the
					 department.
(2) A patient or the
					 patients legal guardian or designated representative may submit a completed
					 hearing request form, as required by section 21773 of the code, MCL 333.21773,
					 and provided by the department on its website, or any written communication
					 that clearly states a hearing is requested. The hearing request must be timely
					 filed as described in section 21774(1) of the code, MCL 333.21774. Upon receipt
					 of a timely filed hearing request, the department shall make arrangements for
					 the scheduling of a hearing under section 21774 of the code, MCL 333.21774,
					 through the Michigan Office of Administrative Hearings and Rules
					 (MOAHR).
(3) After a hearing is
					 concluded under R 325.45247, R 325.45249, and R 325.45251, and only if there
					 was a finding in the hearing decision or order that a permitted basis for
					 transfer or discharge exists under section 21773 of the code, MCL 333.21773, or
					 if no appeal request is received from the patient and the 10 day appeal period
					 has expired, the nursing care facility shall submit to the department a
					 proposed transfer or discharge plan, which must include all of the following:
(a) Identification of the patient or other
					 person, as identified by the patient, that participated in the selection of the
					 new facility or setting.
(b) A
					 statement by the patients attending physician outlining how the new facility or
					 setting meets the patients medical and psychosocial needs.
(c) Identification of equipment or services
					 that are needed for continued care of the patient in the new facility or
					 setting and confirmation that those items have been prearranged by the
					 transferring nursing care facility.
(d) Verification that the floor plans,
					 brochures, pictures, and other documents to familiarize the patient with the
					 new facility or setting have been provided to the patient, unless the patient
					 is returning to a setting that the patient is familiar with. The patient may
					 also request to visit the new facility or setting. Verification of how the
					 transferring nursing care facility accommodated this request must be
					 included.
(e) Identification of how
					 the patients clothing and personal items are being moved to the new facility or
					 setting.
The nursing care facility shall not transfer or discharge
						the patient without department approval in writing of the proposed transfer or
						discharge plan.