Common use of Transfer and Discharge Clause in Contracts

Transfer and Discharge. 1. To be transferred or discharged from the facility only if (a) it is necessary for your welfare and your needs cannot be met in the facility, (b) it is appropriate because your health has improved sufficiently so that you no longer need the services provided by the facility, (c) the safety of individuals in the facility is endangered, (d) the health of individuals in the facility would otherwise be endangered, (e) you have failed, after reasonable and appropriate notice to pay for or to have paid under Medicare or Medicaid a stay at the facility, or (f) the facility ceases to operate. 2. To have at least thirty (30) days' advance written notice, in a language and manner you understand, given to you, and if known, a family member or your legal representative, of your transfer or discharge from the facility; except that notice may be given as soon as practicable before transfer or discharge when (a) the health or safety of individuals in the facility is or would be endangered, (b) your health improves sufficiently to allow a more immediate transfer or discharge, (c) an immediate transfer or discharge is required by your urgent medical need, or (d) you have not resided in the facility for 30 days. The notice shall state the reason for the transfer or discharge, the effective date, the location to which you will be transferred or discharged, and a statement that you have the right to appeal the action to the appropriate state agency, and the name, address, and telephone number of the State long-term care ombudsman [or, if applicable, of the agency responsible for the protection and advocacy for developmentally disabled or mentally ill individuals]. 3. To be sufficiently prepared and oriented to insure a safe and orderly transfer or discharge from the facility. 4. To refuse a transfer between a Medicare-certified and a Medicaid-certified distinct part within the facility, without affecting your Medicaid eligibility or benefits. 5. To written notice, both before the Facility allows you to transfer for hospitalization or for therapeutic leave and at the time of any such transfer, to you and a family member or legal representative specifying the duration of the bed-hold policy, if any, during which you will be entitled to resume residence at the facility and specifying the Facility's policies regarding bed-hold periods during which a resident is permitted to return. If you are Medicaid- eligible and require the facility's services, you are entitled to readmission immediately upon the first availability of a bed in a semi-private room, even if the bed-hold period under the State plan has been exceeded.