Rule 23-207-3.13 - Facility Initiated DischargesA. An intermediate care facility for individuals with intellectual disabilities (ICF/IID) must notify the resident and the resident's guardian or legal representative of a facility initiated transfer or discharge. 1. The notice of transfer or discharge must be given at least thirty (30) calendar days prior to the transfer or discharge unless: a) The safety or health of the individuals in the nursing facility would be endangered, b) The resident no longer requires the level of care provided by the nursing facility, c) An immediate transfer or discharge is required by the resident's urgent medical needs, or d) The resident has not resided in the nursing facility for thirty (30) calendar days. 2. The notice must be written, easily understood and include the following information: a) The reason for the transfer or discharge, b) The effective date of the transfer or discharge, c) The location to which the resident is being transferred or discharged, d) A statement that the resident has the right to appeal the action to the appropriate state authorities, e) The name, address and telephone number of the State long-term care ombudsman, f) For residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals, and g) For residents with mental illness, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals. B. The (ICF/IID) must: 1. Maintain physician documentation in the medical record of transfers or discharges and the reasons for the transfer or discharge. 2. Develop a final summary of the resident's developmental, behavioral, social, health and nutritional status and, with the consent of the resident or legal guardian, provide a copy to authorized persons and agencies, and 3. Provide a post-discharge plan of care that will assist the resident to adjust to the new living environment. C. Residents must be provided sufficient preparation and orientation by ICF/IID to ensure safe and orderly transfers and/or discharges. 23 Miss. Code. R. 207-3.13
42 C.F.R. §§ 483.15, 483.440; Miss. Code Ann. §§ 43-13-117, 43-13-121.