轉讓解放及拒絕回收單位
行政聆訊及上訴辦公室 (OAHA) 負責審判對面臨設施引起的移轉或從護理設施出院，或者護理設施在住院或治療假期後拒絕回收居民的居民的上訴。
轉讓或解僱上訴（TDA）
Under federal and state law, when a nursing facility initiates the transfer or discharge of a nursing home resident, the resident has established rights that must be addressed in order to ensure that the discharge is fair and appropriate. An essential component to these rights is the right to request a hearing. Only the resident or a resident’s authorized representative may request a transfer/discharge hearing. Residents desiring a hearing should submit a request as soon as possible in order for a decision in the matter to be rendered before the proposed date of discharge.
資源：
- 42 聯邦法規法規第 483.15 部分 — 入學，轉讓和解放權
- 42 聯邦法規守則第 483.21（c）部分 — 出院計劃
- California Code of Regulations, title 22, section 72527 – Patients’ Rights
- 當地申訴專員專案名錄
拒絕回收 (RTR) 上訴
Under federal and state law, when a resident is transferred to the hospital or approved for therapeutic leave, they have a right to return to the nursing facility after they are hospitalized or when the period of therapeutic leave has concluded. When the resident is hospitalized and the nursing facility refuses to readmit the resident, the resident may request a hearing. Only the resident or a resident’s authorized representative may request a RTR hearing. Preferably, an RTR hearing request is submitted to OAHA while the resident is still hospitalized. OAHA conducts RTR hearings only for those residents who wish to return to their nursing facility.
資源：
- 42 聯邦法規法規第 483.15 部分 — 入學，轉讓和解放權
- 42 聯邦法規守則第 483.21（c）部分 — 出院計劃
- California Code of Regulations, title 22, section 72520 – Bed Hold
- California Code of Regulations, title 22, section 72527 – Patients’ Rights
- 《加州健康與安全法》第 1599.1 條
- 當地申訴專員專案名錄
貿易署及港鐵聽證會
OAHA’s hearing officers conduct the TDA and RTR hearings. Generally, the hearing is held via telephone. The resident or his/her authorized representative must be present at the hearing.
The hearing officer controls the course of the proceedings, digitally records the hearing, and takes sworn testimony from participants who are in attendance. The burden of proof is on the nursing facility to present evidence to support that its action is appropriate and in compliance with prevailing federal and state law. The resident or his/her representative will have the opportunity to present testimony, including from witnesses that they compel to appear at the hearing. Only testimony that is relevant to the action will be allowed, at the hearing officer’s discretion. After conclusion of the hearing, the hearing officer writes the final administrative decision of the Department, known as a Decision & Order. The Decision & Order will either “grant,” “deny,” or “dismiss” the residents’ appeal and outline the remedy that has been ordered. RTR hearings that are granted in favor of the resident will require the facility to submit a Certification of Compliance with the Department of Health Care Services.
資源：
- 42 Code of Federal Regulations (CFR), Section 431. Subpart E – Fair Hearings for Applicants and Recipients
- 42 聯邦法規法規第 435.923 部分 — 授權代表
- 合規認證
要求聆訊
提交聽證會請求時，OAHA 代表將向您提出一系列問題。為避免不必要的延遲，請在提出請求前提供以下信息：
- 受影響居民的全名和出生日期
- The name of the resident’s nursing facility and address (if you have it)
- 醫院名稱 (如住院病人目前為住院病人)
- If filing an appeal on behalf of a resident, be prepared to provide your contact information and information to demonstrate that you are authorized to make the hearing request. For example, the resident asked you to request the hearing on his or her behalf, or you have a Durable Power of Attorney for the resident’s health care.
- 對於 TDA 申請，最好在您的電話時提供書面轉讓/離職通知。如果 SNF 沒有向您提供書面通知，請要求他們這樣做。
- 對於 RTR 申請，請提供您從護理設施轉移到醫院的日期以及護理設施拒絕接受您的日期。
當收到所有必要的信息後，聆訊請求就完成。OAHA 將以書面通知居民和護理設施聽證會的時間，日期和地點。
To request a hearing, residents or their authorized representative can contact OAHA via telephone at (916) 445-9775, fax at (916) 440-5105, or email at OAHAefax@dhcs.ca.gov, or by using the OAHAE-Filing Portal (coming soon).