32.03.04.12

.12 Termination of Provider-Participant Service Agreement.

A. A provider-participant service agreement shall allow termination by a provider only for the following reasons:

(1) A change in the health status or behavior of the participant that constitutes a substantial threat to the health or safety of a participant, other residents, or the provider's staff;

(2) Chronic disruptive behavior that is offensive and threatens participants' peaceful enjoyment of their apartments;

(3) Nonpayment of fees by the participant;

(4) Termination of the Program at the facility through no fault of the provider; or

(5) The participant's health has improved sufficiently so that the participant no longer needs congregate housing services.

B. A provider shall give at least 30 days' written notice of termination to a participant. The notice shall include:

(1) A statement of intent to terminate;

(2) The reason for termination;

(3) The proposed termination date, which may not be less than 30 days from the date of the notification;

(4) Assurance that services will be provided up to the proposed termination date; and

(5) A list of resources in the community that may be able to assist the participant to relocate.

C. The existence of an emergency does not necessarily mean that any of the standards in §A of this regulation have been met.

D. If an emergency involving a participant arises, including one that may require a participant to be transferred to a hospital, the participant's provider shall:

(1) Take immediate steps to obtain necessary care for the participant by calling 9-1-1;

(2) Notify the participant's contact person within 1 hour of learning of the emergency;

(3) Notify the participant and the participant's contact person of the conditions or behavior that created the emergency and, if applicable, the reasons why a transfer was necessary; and

(4) Record the appropriate information in an incident report.