Sec. 21774. (1) A patient subject to involuntary transfer or discharge from a licensed nursing
home shall have the opportunity to file a request for a hearing with the department
within 10 days following receipt of the written notice of the involuntary transfer
or discharge by the nursing home.
(2) The department of public health, when the basis for involuntary transfer or discharge
is other than a negative action by the department of social services with respect
to a medicaid client, shall hold an informal hearing in the matter at the patient's
facility not sooner than 7 days after a hearing request is filed, and render a decision
in the matter within 14 days after the filing of the hearing request.
(3) In a determination as to whether a transfer or discharge is authorized, the burden
of proof rests on the party requesting the transfer or discharge. The hearing shall be in accordance with fair hearing procedures prescribed by rule.
(4) If the department determines that a transfer or discharge is authorized under
section 21773, 1 the patient shall not be required to leave the facility before the thirty-fourth
day following receipt of the notice required under section 21773(2), or the tenth
day following receipt of the department's decision, whichever is later.
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