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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2013

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16 Del.C. §1124, “Staff training; issuance of regulations.”
29 Del.C. §7971(d)(1), “Division of Long Term Care Residents Protection.”
This regulation does not extend to decisions of DHSS, or any of its Divisions, to deny, suspend, delay, reduce, or terminate benefits. The regulation governing appeals related to benefit eligibility are found at 16 DE Admin. Code §5000. Be aware that the appeal requirements are different from the requirements in this regulation.
DHSS” means the Department of Health and Social Services
Division” means the Division of Long Term Care Residents Protection.
Legal representative” or “representativeincludes a resident’s: guardian; agent pursuant to a power of attorney, advanced health care directive, or similar document; or authorized representative pursuant to Title 16 Del.C. §§1121(34) and 1122.
Party” means the resident or resident’s representative and the facility.
Resident means resident or patient.
Transfer and discharge” is defined separately in Section 3.0 and 4.0.
4.1 “Transfer and discharge” includes movement of a resident to a location outside of the licensed facility.
4.2 Transfer and discharge requirements. The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility except for:
4.3.1 The resident's physician when transfer or discharge is necessary under paragraph 4.1.1 or paragraph 4.1.2 of this section; and
4.3.2 A physician when transfer or discharge is necessary under paragraph 4.1.3 of this section.
4.4.1 Notify the resident and, if known, a family member or legal representative, of the resident of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand.
4.4.2 Record the reasons in the resident's clinical record; and
4.4.3 Include in the notice the items described in paragraph 4.5 of this section.
4.5.1 Notice may be made as soon as practicable before or after transfer or discharge when:
4.6.1 The reason for transfer or discharge; A detailed individualized explanation of the reason(s) for the action being taken which includes, in terms understandable to the resident:
4.6.2 The effective date of transfer or discharge;
4.6.3 The location to which the resident will be transferred or discharged;
4.6.4 A statement of the resident’s right to a fair hearing as provided in this section:
4.6.5 The name, address and telephone number of the State long term care ombudsman;
4.6.6 For nursing facility residents with a developmental disability or mental illness, the mailing address and telephone number of the Delaware protection and advocacy agency as defined in Title 16 Del.C. §1102.
4.9.1 Room changes in a facility must be limited to moves within the particular building in which the resident resides, unless the resident voluntarily agrees to move to another location. A facility’s discretion to transfer residents to another room is limited by Title 16 Del.C. §§1121 (13) and (28).
4.9.2 The facility must give reasonable notice before the resident’s room or roommate is changed, except in emergencies.
4.9.3 The facility shall endeavor to honor roommate requests whenever possible.
4.10.1 Notice before transfer. When a nursing facility transfers a resident out of a facility to an acute care facility it must provide written information to the resident and a family member or legal representative that specifies that the facility must accept the patient or resident back into the facility when the resident no longer needs acute care and there is space available in the facility. If no space is available, the resident shall be accepted into the next available bed.
4.10.2 Permitting resident to return to facility. A nursing facility must establish and follow a written policy for implementing its obligation to immediately offer the first available bed to a resident who is entitled to be readmitted to the facility when acute care is no longer required.
5.5 Procedural rights. The parties must be given the opportunity to:
5.7.1 The transcript or recording of testimony and exhibits;
5.7.2 All papers and requests filed in the proceeding; and
5.7.3 The decision of the hearing officer.
5.9.1 Summarize the facts; and
5.9.2 Identify the statutes and/or regulations pertinent to the decision
5.9.3 Specify the reasons for the decisions; and
5.9.4 Identify the supporting evidence and apply the relevant legal principles.
5.10.1 Notify the parties of the decision, in writing.
5.10.2 Notify the parties that this is the final decision of DHSS with the right to an appeal pursuant to the Administrative Procedures Act, Title 29, Chapter 101.
DHSS” means the Department of Health and Social Services.
Division” means the Division of Long Term Care Residents Protection.
Facilitymeans a residential facility that provides shelter and food to more than 1 person who:
Legal representative or representative includes a resident’s: guardian; agent pursuant to a power of attorney, advanced health care directive, or similar document; or authorized representative pursuant to 16 Del.C. §§1121(34) and 1122.
Party” means the resident or resident’s representative and the facility.
Resident means an individual residing in a facility.
Transfer and discharge” includes movement of a resident to a location outside of the licensed facility.
3.3.3.1.6 A description of and the address of the location to which the resident will be transferred or discharged;
Last Updated: December 31 1969 19:00:00.
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