26B-2-237. Transfer or discharge from an assisted living facility.
(1)
As used in this section:
Terms Used In Utah Code 26B-2-237
Assisted living facility: means :
(i)
a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who:
(A)
require protected living arrangements; and
(B)
are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and
(ii)
a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201
Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201
Resident: means a person 21 years old or older who:
(a)
as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and
(b)
does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201
“Ombudsman” means the same as that term is defined in Section 26B-2-301.
(b)
“Resident” means an individual who receives health care from an assisted living facility.
(c)
“Responsible person” means an individual who:
(i)
is designated in writing by a resident to receive communication on behalf of the resident; or
(ii)
is legally authorized to make health care decisions on behalf of the resident.
(2)
A facility is subject to the requirements in Subsection (3) if the transfer or discharge:
(a)
is initiated by the facility for any reason;
(b)
is objected to by the resident or the resident’s responsible person;
(c)
was not initiated by a verbal or written request from the resident; or
(d)
is inconsistent with the resident’s preferences and stated goals for care.
(3)
Before a transfer or discharge described in Subsection (2) occurs, the assisted living facility from which the resident is transferred or discharged shall:
(a)
notify the resident and the resident’s responsible person, if any, in writing and in a language and a manner that is most likely to be understood by the resident and the resident’s responsible person, of:
(i)
the reasons for the transfer or discharge;
(ii)
the effective date of the transfer or discharge;
(iii)
the location to which the resident will be transferred or discharged, if known; and
(iv)
the name, address, email, and telephone number of the ombudsman;
(b)
send a copy, in English, of the notice described in Subsection (3)(a) to the ombudsman on the same day on which the assisted living facility delivers the notice described in Subsection (3)(a) to the resident and the resident’s responsible person;
(c)
provide the notice described in Subsection (3)(a) at least 30 days before the day on which the resident is transferred or discharged, unless:
(i)
notice for a shorter period of time is necessary to protect:
(A)
the safety of individuals in the assisted living facility from endangerment due to the medical or behavioral status of the resident; or
(B)
the health of individuals in the assisted living facility from endangerment due to the resident’s continued residency;
(ii)
an immediate transfer or discharge is required by the resident’s urgent medical needs; or
(iii)
the resident has not resided in the assisted living facility for at least 30 days;
(d)
update the transfer or discharge notice as soon as practicable before the transfer or discharge if information in the notice changes before the transfer or discharge;
(e)
orally explain to the resident:
(i)
the services available through the ombudsman; and
(ii)
the contact information for the ombudsman; and
(f)
provide and document the provision of preparation and orientation for the resident, in a language and manner the resident is most likely to understand, to ensure a safe and orderly transfer or discharge from the assisted living facility.
(4)
In the event of an assisted living facility closure, the assisted living facility shall provide written notification of the closure to the ombudsman, each resident of the facility, and each resident’s responsible person.
Amended by Chapter 268, 2023 General Session Renumbered and Amended by Chapter 305, 2023 General Session Amended by Chapter 305, 2023 General Session, (Coordination Clause)
