Section 47.33.360. Involuntary termination of contract.

   (a) An assisted living home may not terminate a residential services contract with a resident of the home against the resident's will, except
        (1) for medical reasons;
        (2) for engaging in a documented pattern of conduct that is harmful to the resident, other residents, or staff of the home;
        (3) for violation of the terms of the residential services contract, including failure to pay costs incurred under the contract;
        (4) when emergency transfer out of the home is ordered by the resident's physician;
        (5) when the home is closing; or
        (6) when the home can no longer provide or arrange for services in accordance with the resident's needs and the resident's assisted living plan.
   (b) At least 30 days before terminating the residential services contract with a resident under (a)(2), (3), (5), or (6) of this section, the assisted living home shall provide written notice of the proposed contract termination to the resident or the resident's representative, and to the resident's service coordinator, if any. The notice must state the
        (1) basis for the termination; and
        (2) resident's right to contest the termination in the manner provided in the contract, which must include an offer by the home to participate in a case conference as described in (c) of this section.
   (c) Before terminating the residential services contract with a resident under (a)(2), (3), (5), or (6) of this section, the assisted living home shall participate in a case conference if requested by the resident or the resident's representative. The case conference must include the resident, the resident's representative, if any, the resident's advocate, if any, the resident's service coordinator, if any, the home administrator, and appropriate care providers who may discuss the appropriateness of the contract termination.
   (d) If a home terminates the residential services contract with a resident under this section, the home shall cooperate with the resident, the resident's service coordinator, if any, and the resident's representative, if any, in making arrangements to relocate the resident.

Notes

Implemented As

7 AAC 47.490

References

7 AAC 47.490
7 AAC 75.330
7 AAC 75.340

History

(Sec. 1 ch 130 SLA 1994)