Section 32.83. Right to compliance conference; grounds; written notice; appearance by letter; date, time, and location of compliance conference; stay pending decision.

(1) An applicant, member, or responsible party may request a compliance conference with the home in the event of any the following:

(a)  ) A denial of admission to a state veterans home.

(b)   A denial of continued care at a state veterans home.

(c)   ) A decision to involuntarily transfer or discharge a member.

(d)  A determination of an amount owed.

(e)      A   determination   of   "financially   sufficient"    or    "financially insufficient."

(f)  ) A determination of asset divestment or restriction.

(2)    To request a compliance conference, the applicant,   member,  or responsible party must provide written notice to the home administrator that he or she wishes to contest the denial of admission to a state veterans home, the denial of continued care at a state veterans home, the decision to involuntarily transfer or discharge a member, the determination of an amount owed, the determination of "financially sufficient" or "financially insufficient," or the determination of asset divestment or restriction. Written notice must include all of the following:

(a)  The date.

(b)   The name of the person providing notice.

(c)   The name of the affected applicant, member, or responsible party.

(d)  The basis for the objection.

(e)   All documents that support the objection.

(f)  Any other pertinent documents that the person providing notice  wants the home to consider.

(3)   A compliance conference will be conducted at a reasonable   time  and date, to be determined by the home administrator.  The   location  of  a compliance conference will be the home where the member resides or, in the case of applicants not yet admitted to a state veterans home, the home where application was made. The home administrator may accept a letter from the applicant, member, or responsible party, instead  of   the   applicant's, member's,  or  responsible   party's  personal  appearance  at a compliance conference. The applicant, member, or responsible party must notify the home administrator, in writing, that he or she wishes to appear by letter before the start of the scheduled compliance conference.

(4)   Notice of the time, date, and location of compliance conference   will be mailed to the applicant, member, or responsible party requesting   a compliance conference at least 10  business  days  before the date of the compliance conference.

(5)         Requesting  a  compliance   conference   under   this   subrule   will automatically stay a member's transfer or discharge pending a decision. The automatic stay requirement of this subrule does  not  apply in  any of  the following instances:

(a)   If an emergency transfer or discharge is mandated by  the   member's health care needs.

(b)    If the transfer or discharge is mandated by   the    physical    safety     of other patients and/or home employees.

(c)   If the transfer or discharge is later agreed to by the member  or   the responsible party.

History: 2007 AACS.