(a) An assisted living home may not terminate a residential services contract with a resident of the home against the resident’s will, except
(1) for medical reasons;
(2) for engaging in a documented pattern of conduct that is harmful to the resident, other residents, or staff of the home;
(3) for violation of the terms of the residential services contract, including failure to pay costs incurred under the contract;
(4) when emergency transfer out of the home is ordered by the resident’s physician;
(5) when the home is closing; or
(6) when the home can no longer provide or arrange for services in accordance with the resident’s needs and the resident’s assisted living plan.
(b) At least 30 days before terminating the residential services contract with a resident under (a)(2), (3), (5), or (6) of this section, the assisted living home shall provide written notice of the proposed contract termination to the resident or the resident’s representative, and to the resident’s service coordinator, if any. The notice must state the
(1) basis for the termination; and
(2) resident’s right to contest the termination in the manner provided in the contract, which must include an offer by the home to participate in a case conference as described in (c) of this section.
(c) Before terminating the residential services contract with a resident under (a)(2), (3), (5), or (6) of this section, the assisted living home shall participate in a case conference if requested by the resident or the resident’s representative. The case conference must include the resident, the resident’s representative, if any, the resident’s advocate, if any, the resident’s service coordinator, if any, the home administrator, and appropriate care providers who may discuss the appropriateness of the contract termination.
(d) If a home terminates the residential services contract with a resident under this section, the home shall cooperate with the resident, the resident’s service coordinator, if any, and the resident’s representative, if any, in making arrangements to relocate the resident.
Other Sections in this Chapter:
- Sec. 47.33.005. Purpose.
- Sec. 47.33.010. Applicability.
- Sec. 47.33.020. Health-related services allowed in assisted living homes.
- Sec. 47.33.030. Advance payments.
- Sec. 47.33.040. Residents’ money.
- Sec. 47.33.050. Temporary absence.
- Sec. 47.33.060. House rules.
- Sec. 47.33.070. Resident files.
- Sec. 47.33.080. Closure or relocation; change of mailing address.
- Sec. 47.33.090. Rate increase.
- Sec. 47.33.100. Criminal background check for employees. [Repealed, § 49 ch 57 SLA 2005.] Repealed
- Sec. 47.33.200. Commencement of residency.
- Sec. 47.33.210. Residential services contracts.
- Sec. 47.33.220. Assisted living plan required.
- Sec. 47.33.230. Assisted living plan contents; distribution.
- Sec. 47.33.240. Evaluation of assisted living plan.
- Sec. 47.33.300. Residents’ rights.
- Sec. 47.33.310. Notice of rights.
- Sec. 47.33.320. Access to assisted living home.
- Sec. 47.33.330. Prohibitions.
- Sec. 47.33.340. Resident grievance procedure.
- Sec. 47.33.350. Retaliation against home resident.
- Secs. 47.33.400 , 47.33.410. License required; Licensing agency. [Repealed, § 49 ch 57 SLA 2005.] Repealed
- Sec. 47.33.420. Standard forms.
- Sec. 47.33.430. Authority of state agencies to impose additional requirements. [Repealed, § 49 ch 57 SLA 2005.] Repealed
- Secs. 47.33.500 — 47.33.570. Complaint; Immunity; Investigation; Notice of violation; Report of compliance; Administrative sanctions; Administrative procedures; Criminal penalty. [Repealed, § 49 ch 57 SLA 2005.] Repealed
- Secs. 47.33.910 , 47.33.920. Fees; Regulations. [Repealed, § 49 ch 57 SLA 2005.] Repealed
- Sec. 47.33.990. Definitions.