Page:United States Statutes at Large Volume 101 Part 2.djvu/985

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-191

"(I) notify the resident (and, if known, an immediate family member of the resident or legal representative) of the transfer or discharge and the reasons therefor, "(II) record the reasons in the resident's clinical record (including any documentation required under subparagraph (A)), and "(III) include in the notice the items described in clause (iii). "(ii) TIMING OF NOTICE.—The notice under clause (i)(I) must be made at least 30 days in advance of the resident's transfer or discharge except— "(I) in a case described in clause (iii) or (iv) of subparagraph (A); "(II) in a case described in clause (ii) of subparagraph (A), where the resident's health improves sufficiently to allow a more immediate transfer or discharge; "(III) in a case described in clause (i) of subparagraph (A), where a more immediate transfer or discharge is necessitated by the resident's urgent medical needs; or "(IV) in a case where a resident has not resided in the facility for 30 days. In the case of such exceptions, notice must be given as many days before the date of the transfer or discharge as is practicable. "(iii) ITEMS INCLUDED IN NOTICE.—Each notice under clause (i) must include— "(I) for transfers or discharges effected on or after October 1, 1989, notice of the resident's right to appeal the transfer or discharge under the State process established under subsection (e)(3); "(II) the name, mailing address, and telephone number of the State long-term care ombudsman (established under section 307(a)(12) of the Older Americans Act of 1965); "(III) in the case of residents with developmental disabilities, the mailing address and telephone number of the agency responsibile for the protection and advocacy system for developmentally disabled individuals established under part C of the Developmental Disabilities Assistance and Bill of Rights Act; and defined in subsection (e)(^XGXi)), the mailing address and telephone number of the agency responsible for the protection and advocacy system for mentally ill individuals established under the Protection and Advocacy for Mentally 111 Individuals Act. "(C) ORIENTATION.—A nursing facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility. "(D) NOTICE ON BED-HOLD POLICY AND READMISSION.— "(i) NOTICE BEFORE TRANSFER.—Before a resident of a
 * (IV) in the case of mentally ill residents (as

nursing facility is transferred for hospitalization or

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