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3. Where a more immediate transfer or discharge is necessitated by the resident's urgent medical needs; 4. When the resident has not resided in the long-term care facility for a period of at least thirty (30) days. 5. In the case of such exceptions (as above), notice must be given as many days before the date of the move as is practicable, and include all of the information set forth in § 7.6(B) of this Part. 7.7 RESIDENT APPEAL RIGHTS A. Long-term care facility residents who wish to challenge their transfers or discharges may appeal in accordance with the provisions of § 10-05-2.4.8 of this Title, “Appeals Process and Procedures for EOHHS Agencies and Programs.” B. The appeals process cannot be limited to Medicaid-eligible long-term care facility residents. EOHHS will conduct administrative hearings for any long-term care facility resident who wishes to appeal a transfer or discharge from the facility, regardless of source of payment. C. The long-term care facility may not transfer or discharge the resident while the appeal is pending, when a resident exercises his or her right to appeal a transfer or discharge notice from the facility, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the long-term care facility. 7.8 SEVERABILITY

If any provision in any section of this rule or the application thereof to any person or circumstances is held invalid, its invalidity does not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable.