DHS 132.53(3)(b)3.d.d. Provisions for needed medications and treatments during relocation.
DHS 132.53(3)(b)4.4. A resident who is transferred or discharged at the resident’s request shall be advised of the assistance required by subd. 3. and shall be provided with that assistance upon request.
DHS 132.53(3)(c)(c) Records. Upon transfer or discharge of a resident, the documents required by s. DHS 132.45 (5) (L) and (6) (h) shall be prepared and provided to the facility admitting the resident, along with any other information about the resident needed by the admitting facility.
DHS 132.53(4)(4)Transfer agreements.
DHS 132.53(4)(a)(a) Requirement. Each facility shall have in effect a transfer agreement with one or more hospitals under which inpatient hospital care or other hospital services are available promptly to the facility’s residents when needed. Each intermediate care facility shall also have in effect a transfer agreement with one or more skilled care facilities.
DHS 132.53(4)(b)(b) Transfer of residents. A hospital and a facility shall be considered to have a transfer agreement in effect if there is a written agreement between them or, when the 2 institutions are under common control, if there is a written statement by the person or body which controls them, which gives reasonable assurance that:
DHS 132.53(4)(b)1.1. Transfer of residents will take place between the hospital and the facility ensuring timely admission, whenever such transfer is medically appropriate as determined by the attending physician; and
DHS 132.53(4)(b)2.2. There shall be interchange of medical and other information necessary for the care and treatment of individuals transferred between the institutions, or for determining whether such individuals can be adequately cared for somewhere other than in either of the institutions.
DHS 132.53(4)(d)(d) Notice requirements.
DHS 132.53(4)(d)1.1. Before a resident of a facility is transferred to a hospital or for therapeutic leave, the facility shall provide written information to the resident and an immediate family member or legal counsel concerning the provisions of the approved state medicaid plan about the period of time, if any, during which the resident is permitted to return and resume residence in the nursing facility.
DHS 132.53(4)(d)2.2. At the time of a resident’s transfer to a hospital or for therapeutic leave, the facility shall provide written notice to the resident and an immediate family member or legal counsel of the duration of the period, if any, specified under subd. 1.
DHS 132.53 NoteNote: The “approved state medicaid plan” referred to s. 49.498 (4) (d) 1a, Stats., and subd. 1. states that the department shall have a bedhold policy. The bedhold policy is found in s. DHS 107.09 (4) (j).
DHS 132.53(5)(5)Bedhold.
DHS 132.53(5)(a)(a) Bedhold. A resident who is on leave or temporarily discharged, as to a hospital for surgery or treatment, and has expressed an intention to return to the facility under the terms of the admission statement for bedhold, shall not be denied readmission unless, at the time readmission is requested, a condition of sub. (2) (b) has been satisfied.
DHS 132.53(5)(b)(b) Limitation. The facility shall hold a resident’s bed under par. (a) until the resident returns, until the resident waives his or her right to have the bed held, or up to 15 days following the temporary leave or discharge, whichever is earlier.
DHS 132.53 NoteNote: See s. DHS 107.09 (4) (j) for medical assistance bedhold rules.
DHS 132.53(6)(6)Appeals on transfers and discharges.
DHS 132.53(6)(a)(a) Right to appeal.
DHS 132.53(6)(a)1.1. A resident may appeal an involuntary transfer or discharge decision.
DHS 132.53(6)(a)2.2. Every facility shall post in a prominent place a notice that a resident has a right to appeal a transfer or discharge decision. The notice shall explain how to appeal that decision and shall contain the address and telephone number of the nearest bureau of quality assurance regional office. The notice shall also contain the name, address and telephone number of the state board on aging and long-term care or, if the resident is developmentally disabled or has a mental illness, the mailing address and telephone number of the protection and advocacy agency designated under s. 51.62 (2) (a), Stats.
DHS 132.53(6)(a)3.3. A copy of the notice of a resident’s right to appeal a transfer or discharge decision shall be placed in each resident’s admission folder.
DHS 132.53(6)(a)4.4. Every notice of transfer or discharge under sub. (3) (a) to a resident, relative, guardian or other responsible party shall include a notice of the resident’s right to appeal that decision.
DHS 132.53(6)(b)(b) Appeal procedures.
DHS 132.53(6)(b)1.1. If a resident wishes to appeal a transfer or discharge decision, the resident shall send a letter to the nearest regional office of the department’s bureau of quality assurance within 7 days after receiving a notice of transfer or discharge from the facility, with a copy to the facility administrator, asking for a review of the decision.
DHS 132.53(6)(b)2.2. The resident’s written appeal shall indicate why the transfer or discharge should not take place.
DHS 132.53(6)(b)3.3. Within 5 days after receiving a copy of the resident’s written appeal, the facility shall provide written justification to the department’s bureau of quality assurance for the transfer or discharge of the resident from the facility.
DHS 132.53(6)(b)4.4. If the resident files a written appeal within 7 days after receiving notice of transfer or of discharge from the facility, the resident may not be transferred or discharged from the facility until the department’s bureau of quality assurance has completed its review of the decision and notified both the resident and the facility of its decision.
DHS 132.53(6)(b)5.5. The department’s bureau of quality assurance shall complete its review of the facility’s decision and notify both the resident and the facility in writing of its decision within 14 days after receiving written justification for the transfer or discharge of the resident from the facility.
DHS 132.53(6)(b)6.6. A resident or a facility may appeal the decision of the department’s bureau of quality assurance in writing to the department of administration’s division of hearings and appeals within 5 days after receipt of the decision.