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.The resident's clinical needs cannot be met by the facility
b.The resident or family filed a complaint with CDPH or the Ombudsman
c.Non-payment after reasonable notice (with limitations under state law)
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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