Section 385.1800  Transfer or Discharge

a)         A client shall be voluntarily discharged from the facility after he/she gives facility management, a physician, or a nurse of the facility written notice of the desire to be discharged.  A client shall be discharged upon written consent of his/her representative unless there is a court order to the contrary.  In such cases, upon the client's discharge, the facility is relieved of any responsibility for the client's care, safety, or well-being.

b)         The facility shall establish involuntary discharge procedures that shall include at least the following:

1)         Client behavior that may result in involuntary discharge:

A)        the client's decline or improvement in medical condition that may result in involuntary discharge;

B)        the client's physical safety;

C)        the client's action, or inaction, which directly impinges on the physical safety of other clients, the facility staff or facility visitors;

2)         Client counseling that will be provided to avoid involuntary discharge;

3)         Client notification and due process concerning involuntary discharge;

4)         Timeframes between counseling, notice, and involuntary discharge consistent with the reason for the involuntary discharge;

5)         Discharge planning that will be done.