DHS 132.53DHS 132.53Transfers and discharges.
DHS 132.53(1)(1)Scope. This section shall apply to all resident transfers and discharges, except that in the event of conflict with s. 49.45 (6c) (c) and (d), 49.498 (4) or 50.03 (5m) or (14), Stats., the relevant statutory requirement shall apply.
DHS 132.53(2)(2)Conditions.
DHS 132.53(2)(a)(a) Prohibition and exceptions. No resident may be discharged or transferred from a facility, except:
DHS 132.53(2)(a)1.1. Upon the request or with the informed consent of the resident or guardian;
DHS 132.53(2)(a)2.2. For nonpayment of charges, following reasonable opportunity to pay any deficiency;
DHS 132.53(2)(a)3.3. If the resident requires care other than that which the facility is licensed to provide;
DHS 132.53(2)(a)4.4. If the resident requires care which the facility does not provide and is not required to provide under this chapter;
DHS 132.53(2)(a)5.5. For medical reasons as ordered by a physician;
DHS 132.53(2)(a)6.6. In case of a medical emergency or disaster;
DHS 132.53(2)(a)7.7. If the health, safety or welfare of the resident or other residents is endangered, as documented in the resident’s clinical record;
DHS 132.53(2)(a)8.8. If the resident does not need nursing home care;
DHS 132.53(2)(a)9.9. If the short-term care period for which the resident was admitted has expired; or
DHS 132.53(2)(a)10.10. As otherwise permitted by law.
DHS 132.53(2)(b)(b) Alternate placement.
DHS 132.53(2)(b)1.1. Except for transfers or discharges under par. (a) 2. and 6., for nonpayment or in a medical emergency, no resident may be involuntarily transferred or discharged unless an alternative placement is arranged for the resident. The resident shall be given reasonable advance notice of any planned transfer or discharge and an explanation of the need for and alternatives to the transfer or discharge except when there is a medical emergency. The facility, agency, program or person to which the resident is transferred shall have accepted the resident for transfer in advance of the transfer, except in a medical emergency.
DHS 132.53(2)(b)2.2. No resident may be involuntarily transferred or discharged under par. (a) 2. for nonpayment of charges if the resident meets both of the following conditions:
DHS 132.53(2)(b)2.a.a. He or she is in need of ongoing care and treatment and has not been accepted for ongoing care and treatment by another facility or through community support services; and
DHS 132.53(2)(b)2.b.b. The funding of the resident’s care in the nursing home under s. 49.45 (6m), Stats., is reduced or terminated because either the resident requires a level or type of care which is not provided by the nursing home or the nursing home is found to be an institution for mental diseases as defined under 42 CFR 435.1009.
DHS 132.53(3)(3)Procedures.
DHS 132.53(3)(a)(a) Notice. The facility shall provide a resident, the resident’s physician and, if known, an immediate family member or legal counsel, guardian, relative or other responsible person at least 30 days notice of transfer or discharge under sub. (2) (a) 2. to 10., and the reasons for the transfer or discharge, unless the continued presence of the resident endangers the health, safety or welfare of the resident or other residents. The notice shall also contain the name, address and telephone number of the board on aging and long-term care. For a resident with developmental disability or mental illness, the notice shall contain the mailing address and telephone number of the protection and advocacy agency designated under s. 51.62 (2) (a), Stats.
DHS 132.53(3)(b)(b) Planning conference.
DHS 132.53(3)(b)1.1. Unless circumstances posing a danger to the health, safety or welfare of a resident require otherwise, at least 7 days before the planning conference required by subd. 2., the resident, guardian, if any, any appropriate county agency, and others designated by the resident, including the resident’s physician, shall be given a notice containing the time and place of the conference, a statement informing the resident that any persons of the resident’s choice may attend the conference, and the procedure for submitting a complaint to the department.
DHS 132.53(3)(b)2.2. Unless the resident is receiving respite care or unless precluded by circumstances posing a danger to the health, safety, or welfare of a resident, prior to any involuntary transfer or discharge under sub. (2) (a) 2. to 10., a planning conference shall be held at least 14 days before transfer or discharge with the resident, guardian, if any, any appropriate county agency, and others designated by the resident, including the resident’s physician, to review the need for relocation, assess the effect of relocation on the resident, discuss alternative placements and develop a relocation plan which includes at least those activities listed in subd. 3.
DHS 132.53(3)(b)3.3. Transfer and discharge activities shall include:
DHS 132.53(3)(b)3.a.a. Counseling regarding the impending transfer or discharge;
DHS 132.53(3)(b)3.b.b. The opportunity for the resident to make at least one visit to the potential alternative placement, if any, including a meeting with that facility’s admissions staff, unless medically contraindicated or waived by the resident;
DHS 132.53(3)(b)3.c.c. Assistance in moving the resident and the resident’s belongings and funds to the new facility or quarters; and
DHS 132.53(3)(b)3.d.d. Provisions for needed medications and treatments during relocation.