SECTION 310:680-17-2. Notice of involuntary transfer or discharge

(a)   Involuntary transfer or discharge of a resident from a residential care home shall be preceded by a minimum written notice of ten (10) days. The ten-day requirement shall not apply in any of the following instances:

(1)   When an emergency transfer or discharge is mandated by the resident's health care needs and is in accordance with the written orders and medical justification of the attending physician.

(2)   When the transfer or discharge is necessary for the physical safety of other residents as documented in the resident's record.

(b)   The written notice of involuntary transfer or discharge shall contain an explanation of the reasons for transfer or discharge and inform the resident and resident's representative, if any, of the right to request a hearing by the Department if they are aggrieved by the decision.

(c)   Written notice of involuntary transfer shall sent to the resident and to an advocate for the resident if no resident's representative exists