Page 3
b. A person authorized by state or federal law (including but not limited to agents under power of attorney, representative payees, and other fiduciaries) to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications; c. Legal representative, as used in § 712 of the Older Americans Act (P.L. 114–144); or d. The court-appointed guardian or conservator of a resident. e. Nothing in this rule is intended to expand the scope of authority of any resident representative beyond that authority specifically authorized by the resident, state or federal law, or a court of competent jurisdiction. 8. “Transfer” or “discharge” means movement of a resident to a bed outside of the long-term care facility whether that bed is in the same physical plant or not. “Transfer” or “discharge” does not refer to the movement of a resident to a bed within the same long-term care facility. 7.4 Discharge Criteria A. The long-term care facility must permit each resident to remain in the long-term care facility, and not transfer or discharge the resident from the long-term care facility unless: 1. The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the long-term care facility; 2. The transfer or discharge is appropriate because the resident's health has improved sufficiently so the resident no longer needs the services provided by the long-term care facility; 3. The safety of individuals in the long-term care facility is endangered due to the clinical or behavioral status of the resident; 4. The health of individuals in the long-term care facility would otherwise be endangered; 5. The resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility. a. Non-payment applies if the resident does not submit the necessary paperwork for third party payment or after the third party, including Medicare or Medicaid, denies the claim and the resident refuses to pay for his or her stay.