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210-RICR-50-00-7 TITLE 210 - EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES CHAPTER 50 – MEDICAID LONG-TERM SERVICES AND SUPPORTS SUBCHAPTER 00 – LONG-TERM SERVICES PART 7 - Involuntary Discharge from a Long-Term Care Facility 7.1 Purpose and Overview

The purpose of this rule is to set forth requirements related to resident discharges and transfers initiated by state licensed long-term care facilities, without regard to the resident’s source of payment. All such transfer/ discharges that are taken by a long-term care facility without the agreement or consent of the resident or the resident representative are involuntary and are prohibited, except as provided herein. 7.2 Legal Authority A. State authorities: These rules are promulgated pursuant to the authority set forth in R.I. Gen. Laws Chapter 40-8, “Medical Assistance”; R.I. Gen. Laws Chapter 40-6, “Public Assistance Act”; R.I. Gen. Laws § 23-17-19.1, “Rights of Patients”; R.I. Gen. Laws Chapter 23-17.5, “Rights of Nursing Home Patients”; R.I. Gen. Laws § 23-17.5-17, “Transfer to Another Facility”; R.I. Gen. Laws Chapter 23- 17.4, “Assisted Living Residence Licensing Act”; R.I. Gen. Laws § 23-17.4-16, “Rights of Residents.” B. Federal authorities: Additional authority is derived from 42 C.F.R. § 483 Subpart B, “Requirements for Long Term Care Facilities”; Title XIX of the Social Security Act; 42 U.S.C. § 1396r, “An Act to Amend Title XIX of the Social Security Act to Prohibit Transfers or Discharges of Residents of Nursing Facilities as a Result of a Voluntary Withdrawal from Participation in the Medicaid Program”; the State’s Medicaid State Plan; and the Rhode Island Comprehensive Section 1115 Demonstration, as approved in final form on February 25, 2014, and as subsequently amended. 7.3 Definitions A. As used herein, the following terms are defined as follows: 1. “Assisted living residence” means a publicly or privately operated residence that provides directly or indirectly by means of contracts or arrangements personal assistance and may include the delivery of limited health services, as defined under R.I. Gen. Laws § 23-17.4-2(12), to meet