§ 8-12-4-9. DEPARTMENTAL TRANSFER OR DISCHARGE, NOTICE REQUIREMENTS.
Where the Department transfers or discharges residents, the Department shall:
(A)
Provide written notice to the facility prior to the transfer or discharge. The notice shall state the basis for the order of transfer or discharge and shall inform the facility of its rights to an informal conference prior to transfer or discharge under this Section and its right to a subsequent hearing under Section 8-12-4-11 below. If a facility desires to contest nonemergency transfer or discharge prior to transfer or discharge, it shall within four (4) working days after receipt of the notice send a written request for an informal conference to the Department. The Department shall within four (4) working days from the receipt of the request hold such conference. Following this conference, the Department may affirm, modify or overrule its previous decision. Except in an emergency, transfer or discharge may not begin until the period for requesting a conference has passed or, if a conference is requested, until after a conference has been held and a decision rendered; and
(B)
Provide written notice to any resident to be removed and to the resident's guardian, representative or family. The notice shall state the reason for which transfer or discharge is ordered and shall inform the resident of the resident's right to challenge the transfer or discharge under Section 8-12-4-11 below. The Department shall hold an informal conference with the resident and the resident's guardian, representative, or family prior to transfer or discharge, at which the resident and guardian, the representative, or family may present any objections to the proposed transfer, discharge plan or alternative placement. Following this conference, the Department may affirm, modify or overrule its previous decision. Except in an emergency, transfer or discharge may not begin until after a conference has been held and a decision rendered.
(Ord. No. 8-O-12, (49-O-11(exh. A, § 8-12-4-9)), 1-23-2012)