4. a. A resident may be temporarily or permanently assigned to an assisted living unit or a licensed nursing unit if the facility determines that the resident’s physical or mental health requires that level of care. The determination shall be made in consultation with the resident’s attending physician if available, the medical director, a member of the resident’s immediate family but only at the resident’s request, and the resident or legal representative of the resident.

b. Transfer of a resident to a hospital of their choice may take place at the request of the resident or legal representative of the resident, or when deemed to be medically necessary by the director of medical services of the facility after consultation with both the resident’s attending physician and the resident or legal representative of the resident.

L.2013, c.167, s.4.