As part of the final rule published in October 2016 by Centers for Medicare & Medicaid Services (CMS) revising Conditions of Participation, new requirements were placed on the resident transfer and discharge process, mandating that:
- The facility must notify the resident and the resident’s representative of the transfer or discharge in writing; and
- The facility must send a copy of the notice to a representative of the Office of the State Long-Term Care Ombudsman.
This requirement applies to all resident transfers and discharges, including voluntary, involuntary, planned or unplanned transfers/discharges and took effect as part of Phase I, beginning November 28, 2016.
The agency believes that requiring this additional communication from providers regarding resident transfers and discharges will offer added protection for the resident and assist the State Long-Term Ombudsman in staying informed of facility activities.
Additional requirements for transfers and discharges of inappropriate residents (those determined to need transfer or discharge for their own welfare and/or safety) include the provider’s responsibility to:
- Document the specific needs of the resident that could not be met in current setting
- Document efforts made to try to meet those needs
- Detail what services are available at the setting of discharge or transfer that can meet those needs