(a)  In order to initiate an appeal of a facility's intent to transfer or discharge, a resident or family member or legal representative shall submit a written request for a hearing to the Hearing Unit.  The request for hearing must be received by the Hearing Unit within 11 calendar days from the date of the facility's notice of transfer or discharge.  If the eleventh day falls on a Saturday, Sunday or legal holiday, then the period during which an appeal may be requested shall run until the end of the next day which is not a Saturday, Sunday or legal holiday.

(b)  The request for hearing shall be submitted to the Hearing Unit by mail, or facsimile, or hand delivery.


History Note:        Authority G.S. 108A-25(b); 42 USCS 1396r(e)(3), (f)(3); 42 C.F.R. 483.12;

Eff. April 1, 1994.