Law. Consulting. Technology.
The implementation of new ROP Guidance for SNFs as it relates to the requirements for Transfer and Discharge Notices has created confusion as to when notices must be issued and who should receive a copy of the notice. ROLF has developed a SNF Transfer & Discharge Decision Tree for Ohio to assist in determining what notices must be issued under what circumstances and who should receive a copy of the notice. A copy may be accessed HERE.
Transfer Notices. In short, SNFs will need to provide a Transfer Notice that provides appeal rights to the resident every time the resident is transferred to the hospital for an inpatient stay. A copy of all Transfer Notices must be sent via email to ODH legal at TransferDischargeNotices@odh.ohio.gov. at the time of the transfer. A copy must also be sent to the Ombudsman at ohioombudsman@age.ohio.gov when practicable, such as via a list of hospital transfers on a monthly basis.
Discharge Notices. If a facility initiates a discharge for any reason or determines it cannot readmit a resident after a hospital transfer, it must issue a Discharge Notice to the resident. If it determines it cannot readmit a resident following a hospital stay, the reason for the discharge must be based on the resident’s condition/assessment at the time of the discharge from the hospital and not at the time of the original transfer to the hospital. A copy of all Discharge Notices must be emailed to ODH legal and the Ombudsman at the time of the transfer.
Assisted Living Facilities. Although the RoPs apply only to SNFs, Residential Care Facilities (licensed assisted living) facilities are required under Ohio law to provide discharge notices to residents when the facility initiates a discharge. Those notices should be emailed to ODH at TransferDischargeNotices@odh.ohio.gov at the time the notice is issued to the resident. However, Ohio law does not require that the RCFto send a copy to the Ombudsman nor does it require the RCFto issue a Transfer Notice when the resident is transferred to the hospital and is expected to return. Those requirements apply only to SNFs.
** Note that the linked Decision Tree and this post was updated on 5/11/18.
Please note that this post is intended to be informational only, and is not intended to be nor should it be relied upon as legal advice. Rolf Goffman Martin Lang LLP will not be responsible for any actions taken or arrangements structured based upon this post. The receipt or review of this post by an organization that is not a current client of Rolf Goffman Martin Lang LLP does not create an attorney-client relationship between the recipient and the law firm.
©2018. Rolf Goffman Martin Lang LLP. All Rights Reserved.