WAG 20-08-07-a.

The reasons a facility can involuntarily transfer or discharge a client include but are not limited to:

  • medical reasons;
  • the resident's physical safety; or
  • the physical safety of other residents, staff, or visitors.

Before a person can be involuntarily transferred or discharged, the resident or their guardian or representative must be given 30 days advance written notice of the right to request a hearing from the Department of Public Health (DPH) (HFS for SLF clients). The hearing addresses whether the resident should be moved from the facility.

An advance written notice is not needed when an emergency discharge is required because of the resident's health care or mental health needs or the discharge is needed to ensure the physical safety of the client and others.