CHAPTER 151 RESIDENTIAL CARE AND HEALTH FACILITY LICENSING
Patients' Bill of Rights
Section 151:26
151:26 Transfer or Discharge of Patients. –
I. A facility subject to RSA 151:21 shall not transfer or discharge a patient except for those reasons listed under RSA 151:21, V.
II. (a) Transfer or discharge of a patient from a facility subject to RSA 151:21 shall in all instances be preceded by written notice which shall contain the following:
(1) The reason for the proposed transfer or discharge;
(2) The effective date of the proposed transfer or discharge;
(3) The location to which the patient is transferred or discharged;
(4) The name, address and telephone number of the long-term care ombudsman, established under RSA 161-F:10, and the name, address, and telephone number of the federally-designated protection and advocacy agency for individuals with disabilities;
(5) A statement which shall read: "You have a right to appeal the facility's decision to transfer or discharge you. If you think you should not have to leave this facility, you may file an appeal in superior or probate court." If the patient is in a skilled nursing facility or nursing facility certified under Title XVIII or Title XIX of the Social Security Act, the statement shall inform the patient of his or her right to request an administrative hearing before the department of health and human services.
Except as specified in paragraph II(b) of this section, written notice of transfer or discharge shall be given at least 30 days before the resident is transferred or discharged. A copy of the notice shall be placed in the patient's clinical record and a copy shall be transmitted to the patient, the patient's personal representative, legal guardian, the long-term care ombudsman, established under RSA 161-F:10, and the federally-designated protection and advocacy agency for individuals with disabilities.
(b) Written notice as specified in subparagraph II(a) shall be given as soon as practicable before transfer or discharge in the following circumstances:
(1) If an emergency transfer or discharge is mandated by the patient's health care needs and is in accord with the written orders and medical justification of the patient's physician or advanced practice registered nurse (APRN);
(2) If the transfer or discharge is mandated by the health or safety of other individuals in the facility, as documented in the patient's clinical record upon consultation with the patient's physician or advanced practice registered nurse (APRN);
(3) If the patient's health has improved sufficiently so the patient no longer needs the services provided by the facility, as documented in the patient's clinical record by the patient's physician or advanced practice registered nurse (APRN); or
(4) If the patient has resided in the facility for less than 30 days.
(c) The basis for the transfer or discharge shall be documented in the patient's clinical record. The facility shall consult with the patient's physician or advanced practice registered nurse prior to transferring or discharging the patient for medical reasons or for the patient's welfare or that of other patients. The documentation of the basis for the transfer or discharge shall be made by:
(1) The patient's physician or advanced practice registered nurse (APRN) if the transfer or discharge is necessary because the patient's needs cannot be met in the facility;
(2) The patient's physician or advanced practice registered nurse (APRN) if the transfer or discharge is appropriate because the patient's health has improved sufficiently so the patient no longer needs the services provided by the facility;
(3) A physician or advanced practice registered nurse (APRN) if the health of individuals in the facility would be endangered.
III. Transfer or discharge of a patient of a skilled nursing facility or nursing facility certified under Title XVIII or Title XIX of the Social Security Act shall take into account any additional rights and safeguards prescribed by the commissioner of the department of health and human services and the secretary of the United States Department of Health and Human Services.
IV. Upon notice, a patient may petition the superior or probate court to enjoin the facility's decision to transfer or discharge. This petition shall stay any transfer or discharge pending a decision.
V. For the purposes of this section, "transfer" or "discharge" shall not include transfers or discharges initiated at the request of the patient or his or her legal guardian, except that transfer or discharge of a resident from a nursing home certified under federal law even if initiated at the request of the resident or his or her legal guardian shall be subject to all federal notice requirements.
VI. If the patient or his or her legal guardian wishes to have the patient relocate to another facility or place, the patient shall be relocated according to the patient's or legal guardian's wishes; provided, that the patient or legal guardian gives written notice of such relocation to the facility.
Source. 1981, 453:1. 1983, 274:10; 291:1, II. 1991, 365:12-14. 1993, 81:1. 1995, 310:182. 2001, 111:4, eff. Aug. 25, 2001. 2006, 153:2, 3, eff. July 21, 2006. 2009, 54:4, 5, eff. July 21, 2009. 2013, 265:9, eff. Jan. 1, 2014.