Section 40. Discharge

A. ALF staff shall assist the individual and legal representative in the discharge or transfer process. For public pay individuals, ALF staff shall provide written notification of the individual's date and place of discharge or of the individual's death to the local department of social services eligibility worker in the jurisdiction responsible for authorizing the auxiliary grant and the qualified assessor who conducted the most recent assessment. The ALF shall make these notifications at least 14 calendar days prior to the individual's planned discharge or within five calendar days after the individual's death. In the event of an emergency discharge as specified in 22VAC40-72-420, the notification shall be made as rapidly as possible, but must be made by close of business on the day following the emergency discharge.

B. Upon issuing a notice of summary order of suspension to an ALF, the Commissioner of the Virginia Department of Social Services or his designee shall contact the appropriate local department of social services to develop a relocation plan. Individuals residing in an ALF whose license has been summarily suspended pursuant to § 63.2-1709 of the Code of Virginia shall be relocated as soon as possible to reduce the risk to their health, safety, and welfare. New assessments of the individuals who are relocating are not required, pursuant to 22VAC30-110-30 D.

Historical Notes

Former 22VAC40-745-40, derived from VR615-46-02 § 2.3, eff. February 1, 1996; amended, Volume 23, Issue 01, eff. November 1, 2006; amended and renumbered as 22VAC30-110-40, Virginia Register Volume 30, Issue 01, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015.

Statutory Authority

§ 51.5-131 of the Code of Virginia.