| (h) Orientation for transfer or discharge. A facility
must provide and document sufficient preparation and orientation to
residents to ensure safe and orderly transfer or discharge from the
facility. This orientation must be provided in a form and manner that
the resident can understand.
(i) Notice of relocation to another room. Except in
an emergency, the facility must notify the resident and the resident
representative at least five days before relocation of the resident
to another room within the facility. The facility must prepare a written
notice which contains:
(1) the reasons for the relocation;
(2) the effective date of the relocation; and
(3) the room to which the facility is relocating the
resident.
(j) Fair hearings.
(1) Individuals who receive a discharge notice from
a facility have 90 days to appeal. If the recipient appeals before
the discharge date, the facility must allow the resident to remain
in the facility, except in the circumstances described in subsections
(b)(5) and (e)(3) of this section, until the hearing officer makes
a final determination. Vendor payments and eligibility will continue
until the hearing officer makes a final determination. If the recipient
has left the facility, Medicaid eligibility will remain in effect
until the hearing officer makes a final determination.
(2) When the hearing officer determines that the discharge
was inappropriate, the facility, upon written notification by the
hearing officer, must readmit the resident immediately, or to the
next available bed. If the discharge has not yet taken place, and
the hearing officer finds that the discharge will be inappropriate,
the facility, upon written notification by the hearing officer, must
allow the resident to remain in the facility. The hearing officer
will also report the findings to HHSC Regulatory Services Division
for investigation of possible noncompliance.
(3) When the hearing officer determines that the discharge
is appropriate, the resident is notified in writing of this decision.
Any payments made on behalf of the recipient past the date of discharge
or decision, whichever is later, must be recouped.
(k) Discharge of married residents. If two residents
in a facility are married and the facility proposes to discharge one
spouse to another facility, the facility must give the other spouse
notice of the spouse's right to be discharged to the same facility.
If the spouse notifies a facility, in writing, that the spouse wishes
to be discharged to another facility, the facility must discharge
both spouses on the same day, pending availability of accommodations.
|
| Source Note: The provisions of this §554.502 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective January 1, 2000, 24 TexReg 11781; amended to be effective August 1, 2000, 25 TexReg 6779; amended to be effective October 31, 2013, 38 TexReg 7465; amended to be effective April 5, 2018, 43 TexReg 2017; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11,2020, 45 TexReg 8871 |
