Involuntary Transfer from the Program Based on a Department Finding

According to 481-69.24(2), if the Department of Inspections, Appeals, and Licensing (DIAL) conducts a monitoring visit and determines that a tenant exceeding criteria for admission or retention. The program must act accordingly based on the findings as outlined below:

• If the program agrees with the finding, they must initiate the involuntary transfer process along with the internal appeals process.
• If the program disagrees with the department’s finding, they may appeal the finding as provided in 481-67.14. If the appeal is filed, the tenant may remain in the program until all appeals processes have been exhausted. Appeals filed for exceeding retention criteria shall be heard within 30 days of receipt of the appeal request and the program must ensure they are providing appropriate services to meet the tenant’s needs during the appeal process(es).
• Finally, if the tenant is on hospice, the program can request a waiver within 10 business days of receipt of the report in accordance with 481-67.7.

Insufficiencies related to tenants exceeding admission and retention criteria are cited frequently for various reasons. These insufficiencies may include but are not limited to the amount of support necessary for ADL and hygiene support, and behavioral concerns.