2006 Code of Virginia § 32.1-138.1 - Implementation of transfer and discharge policies

32.1-138.1. Implementation of transfer and discharge policies.

A. To implement and conform with the provisions of subdivision A 4 of 32.1-138, a facility may discharge the patient, or transfer the patient,including transfer within the facility, only:

1. If appropriate to meet that patient's documented medical needs;

2. If appropriate to safeguard that patient or one or more other patientsfrom physical or emotional injury;

3. On account of nonpayment for his stay except as prohibited by Titles XVIIIor XIX of the United States Social Security Act and the Virginia State Planfor Medical Assistance Services; or

4. With the informed voluntary consent of the patient, or if incapable ofproviding consent, with the informed voluntary consent of the patient'sauthorized decision maker pursuant to 54.1-2986 acting in the best interestof the patient, following reasonable advance written notice.

B. Except in an emergency involving the patient's health or well being, nopatient shall be transferred or discharged without prior consultation withthe patient, the patient's family or responsible party and the patient'sattending physician. If the patient's attending physician is unavailable, thefacility's medical director in conjunction with the nursing director, socialworker or another health professional, shall be consulted. In the case of aninvoluntary transfer or discharge, the attending physician of the patient orthe medical director of the facility shall make a written notation in thepatient's record approving the transfer or discharge after consideration ofthe effects of the transfer or discharge, appropriate actions to minimize theeffects of the transfer or discharge, and the care and kind of service thepatient needs upon transfer or discharge.

C. Except in an emergency involving the patient's health or well being,reasonable advance written notice shall be given in the following manner. Inthe case of a voluntary transfer or discharge, notice shall be reasonableunder the circumstances. In the case of an involuntary transfer or discharge,reasonable advance written notice shall be given to the patient at least fivedays prior to the discharge or transfer.

D. Nothing in this section or in subdivision A 4 of 32.1-138 shall beconstrued to authorize or require conditions upon a transfer within afacility that are more restrictive than Titles XVIII or XIX of the UnitedStates Social Security Act or by regulations promulgated pursuant to eithertitle.

(1987, c. 221; 1993, c. 692.)