§ 4–754.38. Emergency transfers of clients; emergency suspensions and terminations of services.
*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) Whenever a client presents an imminent threat to the health or safety of the client or any other person on a provider’s premises, the provider, in light of the severity of the act or acts leading to the imminent threat, may transfer, suspend, or terminate the client within 24 hours of the imminent threat, without providing prior written notice of the transfer, suspension, or termination as required by § 4-754.33(c).
(b) The provider shall endeavor to provide written notice, consistent with the requirements of § 4-754.33(d), to any client transferred, suspended, or terminated pursuant to subsection (a) of this section at the time that the action is taken. If it is not possible or safe to provide written notice at the time of the action, a subsequent written notice shall be provided to the client within 15 days, or, if the client’s whereabouts are unknown, upon request within 90 days of the transfer, suspension, or termination. The time period during which the client may request fair hearing proceedings to appeal the transfer, suspension, or termination pursuant to § 4-754.41 shall not begin until the client has received the subsequent written notice.
(c) No client transferred, suspended, or terminated pursuant to subsection (a) of this section shall have the right to request mediation of the action from the provider pursuant to § 4-754.39 or to continue to receive shelter or housing services provided within the Continuum of Care without change pending appeal pursuant to [§ 4-754.11(a)(18)].
(d) Whenever a provider transfers, suspends, or terminates a client pursuant to subsection (a) of this section, the provider shall immediately notify the Department of the action. The notification shall include the following information:
(1) The identity of the client who was transferred, suspended, or terminated;
(2) The nature, date, and time of the action taken by the provider;
(3) The provider staff member authorizing the transfer, suspension, or termination; and
(4) The act or acts leading to the transfer, suspension, or termination.
(e) Whenever the Department receives a notification pursuant to subsection (d) of this section, the Department shall issue a written finding of whether the emergency transfer, suspension, or termination order complies with the requirements of this section. The notification shall be issued within 24 hours of receipt of the notification by the Department. If the Department finds that the order was improperly issued, the Department shall reinstate the client’s access to the services received prior to the issuance of the order, pending the outcome of a hearing pursuant to §§ 4-754.41 and 4-754.42.
(f)(1) In addition to the circumstances described in subsection (a) of this section, the Department or a provider may effect an emergency transfer of a client:
(A) In the case of the loss of a unit that is beyond the control of the Department or provider, such as a fire or other unexpected catastrophic loss or damage to the unit;
(B) When a client's continued presence at a shelter location materially impairs a provider's ability to provide services to other clients at the location; or
(C) During a period of time for which a public health emergency has been declared pursuant to § 7-2304.01, to prevent or mitigate the spread of contagious disease, as determined by the Department or provider.
(2) The requirements of subsections (b) through (e) of this section shall apply to any client transferred pursuant to paragraph (1)(B) or (C) of this subsection.