{"ref":"LA-HC-DC-02","title":"Involuntary Transfer, Discharge, and Appeal Rights","category":"Service delivery","summary":"Sets the only grounds on which the Agency may transfer or discharge a client against the client's wishes (LAC 48:I.5037.A), the written notice at least 30 calendar days before by certified mail, return receipt requested (or as soon as practicable when health or safety is endangered, and the 15-day rule for nonpayment), what the notice must contain, the client's appeal rights to the Division of Administrative Law and right to remain pending appeal, the Agency's transfer and discharge responsibilities, and how the LT-PCS discontinuation rules fit with the licensing rule.","inShort":["The Agency can end services against a client's wishes only for one of six reasons in the Louisiana rules.","The client gets written notice at least 30 days before, by certified mail, except when health or safety is in danger or a bill is unpaid.","A client who appeals on time may stay with the Agency while the appeal is decided, in most cases.","Never threaten to end services because a client complained or used any right.","If you feel unsafe in a home, leave to a safe place, call 911 if needed, and tell your supervisor."],"primaryCitation":"LAC 48:I.5037","citations":["LAC 48:I.5037","LAC 48:I.5037.A","LAC 48:I.5037.B","LAC 48:I.5037.C","LAC 48:I.5037.D","LAC 48:I.5037.E","LAC 48:I.5037.F","LAC 48:I.5037.G","LAC 48:I.5037.H","LAC 48:I.5029.B.13","LAC 48:I.5033.A.7","LAC 48:I.5026","LAC 48:I.5049.A.12","LAC 48:I.5059.G","LAC 48:I.5059.J","Medicaid Services Manual, Chapter 30, §30.6","Medicaid Services Manual, Chapter 30, §30.7","Medicaid Services Manual, Chapter 30, §30.8"],"federalCitations":[],"surveyorAsks":["Have you involuntarily discharged any client this year? Show me the record: the reason, the notice, the certified mail receipt and the discharge summary.","Does your notice include the Advocacy Center and the Division of Administrative Law contact information?"],"forms":[{"ref":"LA-HC-DC-02-A","title":"Notice of Involuntary Transfer or Discharge"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (LAC 48:I.5037)","5. Before Proposing an Involuntary Discharge","6. Grounds and What Must Be Documented","7. The Written Notice (LAC 48:I.5037.C)","8. What the Notice Contains (LAC 48:I.5037.D)","9. Appeal Rights (LAC 48:I.5037.E)","10. Right to Remain Pending Appeal (LAC 48:I.5037.F)","11. Transfer and Discharge Responsibilities (LAC 48:I.5037.G and H)","12. Medicaid LT-PCS Beneficiaries","13. Waiver Participants","14. Responsibilities","15. Records and Compliance Monitoring","16. Staff Training","17. References","18. Related Policies and Forms","19. Approval","20. Revision History"],"version":"1.0","sample":false,"pack":"la-hca","state":"Louisiana","service":"Home care","guides":[{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}