# COMAR Title 10 — Maryland Department of Health

## Subtitle 07 — Hospitals

### Chapter 14 — Assisted Living Programs

#### Regulation .34 Relocation and Discharge.

*COMAR 10.07.14.34*

A. Relocation within the Facility.

  (1) The assisted living program may not relocate a resident within the facility except in accordance with the terms and conditions of the resident agreement.

  (2) An assisted living program shall notify a resident and the resident representative at least 5 calendar days before a nonemergency relocation within the facility and obtain the consent of the resident or resident representative.

  (3) An assisted living program shall document in the resident’s record how the requirements of this regulation have been met.

B. Discharge.

  (1) Discharge of a resident or transfer to another facility or address without the consent of the resident or the resident representative shall be in accordance with the resident agreement.

  (2) An assisted living program shall notify a resident or the resident representative within 30 calendar days before a non-emergency discharge.

  (3) In the event of an emergency, the program shall notify the resident or the resident representative as quickly as possible and document the reason for the emergency and abbreviated notice.

C. The assisted living program shall consider the resident’s specific care needs and preferences in developing a safe and appropriate discharge plan.

D. When the resident is discharged to another facility, the assisted living program shall provide to the receiving facility any information related to the resident that is necessary to ensure continuity of care and services, including, at a minimum, the:

  (1) Emergency data sheet;

  (2) Current medication and treatment orders;

  (3) Medication administration records; and

  (4) Most current Resident Assessment Tool.

E. When the resident is discharged to home or to a non-facility setting, the assisted living program shall provide the resident and resident representative any information related to the resident that is necessary to ensure continuity of care and services, including, at a minimum, the:

  (1) Emergency data sheet;

  (2) Current medication and treatment orders;

  (3) Medication administration records; and

  (4) Most current Resident Assessment Tool.

F. In the event of a health emergency requiring the transfer to an acute care facility, a copy of an emergency data sheet shall accompany the resident to an acute care facility. This data sheet shall, at a minimum, include:

  (1) The resident’s full name, date of birth, Social Security number, if known, and insurance information;

  (2) The name, telephone number, and address of the resident representative;

  (3) The name and telephone number of the resident’s health care practitioner;

  (4) The resident’s current documented diagnoses;

  (5) Current medications prescribed for the resident;

  (6) The resident’s known allergies to food or medications, if any;

  (7) The resident’s dietary restrictions, if any;

  (8) Any relevant information concerning the event that precipitated the emergency; and

  (9) Appended copies of:

    (a) Advance directives;

    (b) Maryland Medical Orders for Life-Sustaining Treatment (MOLST) form;

    (c) Powers of attorney, if any; and

    (d) Guardianship orders, if any.

G. Within 30 calendar days of the date of discharge, the assisted living program shall:

  (1) Give each resident or resident agent:

    (a) A final statement of account; and

    (b) Any refunds due; and

  (2) Return any money, property, or valuables held in trust or custody by the assisted living program.

H. If requested by a resident, a resident representative, a governmental agency, or, on its own initiative, the Office of the Attorney General may:

  (1) Investigate whether an abuse of a resident’s funds contributed to the decision to discharge the resident; and

  (2) Make appropriate referrals of the matter to other government agencies.