A nursing facility shall permit a resident to remain in the nursing facility and may not transfer or discharge the resident from the nursing facility unless one of the following applies: 1.
(1)#
The transfer or discharge is necessary to meet the resident’s welfare and the resident’s welfare cannot be met in the nursing facility, as documented by the resident’s physician in the resident’s clinical record.
(2)#
The transfer or discharge is appropriate because the resident’s health has improved sufficiently so that the resident no longer needs the services provided by the nursing facility, as documented by the resident’s physician in the resident’s clinical record.
(3)#
The safety of individuals in the nursing facility is endangered, as documented in the resident’s clinical record.
(4)#
The health of individuals in the nursing facility would otherwise be endangered, as documented by a physician in the resident’s clinical record.
(5)#
The resident has failed, after reasonable and appropriate notice, to pay or have paid on his or her behalf under medical assistance or under medicare for a stay at the nursing facility. If a resident becomes eligible for medical assistance after admission to the nursing facility, only charges that may be imposed under medical assistance may be allowed in enforcement of this subdivision.
(6)#
The nursing facility ceases to operate.