Termination by Facility and Discharge or Transfer Requirements. The Facility will permit the Resident to remain in the Facility, and will not transfer or discharge the Resident against the Resident’s will unless:
Termination by Facility and Discharge or Transfer Requirements. The Facility will permit the Resident to remain in the Facility, and will not transfer or discharge the Resident against the Resident’s will unless: The Resident has failed to make the required payment for his or her stay; Transfer or discharge is necessary for the Resident’s welfare and the Resident’s needs cannot be met by the Facility; The safety of individuals in the facility is endangered; The health of individuals in the facility would otherwise be endangered; or The Facility ceases to operate. If the Facility transfers or discharges the Resident for one or more of the above reasons, the Facility shall provide written notice of the discharge to the Resident and his or her representative at least 30 days in advance. However, written notice may be made on less than 30 days, and as soon as practicable before discharge or transfer if (1) the health or safety of individuals in the Facility would be endangered, or (2) an immediate transfer or discharge is required by the Resident’s urgent medical needs, or (3) the Resident has not resided at the Facility for 30 days. Before transferring or discharging a resident, the Facility will attempt, through reasonable accommodations6, to avoid the transfer or discharge, unless the transfer or discharge is agreed to by the Resident.7 If the Resident dies or must be transferred by the Facility to a hospital or another facility for more appropriate care, and the Resident does not return to the Facility, the Facility shall comply with the refund requirements set forth in Section VI.A. above. If the Resident is transferred or discharged for any other reason, the Facility will comply with the refund requirements set forth in Section II.D. above.
