44:82:06:13.  Admission, transfer, and discharge policies. An owner or operator shall establish and maintain policies and practices for admission, discharge, and transfer of residents that prohibit discrimination based upon payment source. The owner or operator shall notify each resident at or before the time of admission of these policies and practices. The policies and practices shall include the following provisions:

          (1)  The resident may remain in the home and may not be transferred or discharged unless the resident's needs and welfare cannot be met by the home, the safety or health of persons in the home is endangered by the resident, the resident has failed to pay for allowable billed services as agreed to, or the home ceases to operate;

          (2)  The owner or operator shall notify the resident and a family member or resident advocate, in writing, at least 30 days before the transfer or discharge unless a change in the resident's health requires immediate transfer or discharge. The written notice shall specify the reason for and effective date of the transfer or discharge and the location to which the resident will be transferred or discharged;

          (3)  The conditions under which the resident may request or refuse transfer within the home; and

          (4)  A description of how the resident may appeal a decision by the owner or operator to transfer or discharge the resident.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).