AUTHORITY The following rules and regulations for the - Arkansas ...

the provision of a written notification to the resident or responsible party,
by providing prompt notice of all changes in price prior to
implementation.
h. A written refund policy that addresses refund of advance payment(s) in the
event of transfer, death, voluntary or involuntary discharge. The policy
shall include, as a minimum, the following:
1. For a fourteen-day period beginning on the date of entry into a
facility, the resident shall have the right to rescind any contractual
obligation into which he/she has entered and receive a full refund
of any moneys transferred to the facility. If the resident entered
the facility and received some benefit therefrom, the charges of the
services provided shall be prorated and payment made only for the
benefits conferred prior to the refund;
2. Residents with income of SSA/SSI benefits shall receive refunds
on a pro-rata basis from that income source, without regard for the
reason of transfer;
3. In the event of transfer for medical reasons, the refund policy must
address the resident's need to maintain on-going medical care and
services, and for that reason refunds shall be on a pro-rata basis,
regardless of income source.
4. If, after the expiration of the 14 day period referenced in 309.2
(h)(1) above, the resident provides a ten (10) day notice, any
applicable refund shall be available the day the resident leaves the
facility. If the resident does not provide a ten (10) day notice, any
applicable refund will be available within ten (10) days of the
resident's departure.
i. A statement that the resident or his/her legal representative shall have the
right to discharge the resident from the facility.
309.3 The facility must develop and implement written discharge and transfer policies
and procedures that include, at a minimum, the following:
a. A resident may be transferred or discharged only when:
1. The resident's medical needs cannot be met by the facility, or a
certified home health agency, on a temporary or infrequent basis;
2. The resident presents a danger to the health, safety or welfare of
himself or others;
3. Non-payment for his/her stay; or
4. The facility ceases operation.
R. 08/01/07
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