Legal & EthicalQuestion 198 of 200
A facility may transfer or discharge a resident only for SPECIFIC reasons listed in federal regulations. Which is NOT a permissible reason under 42 CFR §483.15?
a.Non-payment after reasonable notice (with limitations under state law)
b.The resident or family filed a complaint with CDPH or the Ombudsman
c.The resident's clinical needs cannot be met by the facility
d.The facility ceases to operate
Explanation
42 CFR §483.15(c) lists the only permissible reasons for involuntary transfer/discharge: (1) clinical needs cannot be met; (2) health no longer requires SNF services; (3) safety of others endangered; (4) health of others endangered; (5) non-payment after reasonable notice; and (6) facility closure. Filing complaints (b) is a PROTECTED activity (HSC §1432, 42 CFR §483.10(j)(4)); retaliatory discharge is unlawful and grounds for citation, civil penalties, and reinstatement. The resident has the right to 30-day written notice and to appeal to the state hearing office.
Law Reference: 42 CFR §483.15; HSC §1599.1Practice all 200 questions free — no signup required.
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