10A NCAC 13G .0705 requires that the discharge of a resident by an assisted living facility shall meet the following conditions:  

• the discharge or transfer is necessary for the resident's welfare because the resident's needs cannot be met in the facility;

• the discharge or transfer is appropriate because the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility;

•  the resident's condition is such that he is a danger to himself or poses a direct threat to the health or safety of others;

•  the safety of individuals in the facility would otherwise be endangered;

• the health of individuals in the facility would otherwise be endangered;

• the resident or responsible person has failed to pay the costs of services and accommodations according to the resident contract;

• the transfer or discharge is mandated under state law; or the facility ceases to operate.

 At least thirty days before discharging or transferring a resident, the facility shall notify the resident verbally and in writing and the responsible person or contact person in writing of the facility's decision  to discharge or transfer  the resident.  The Adult Care Home Notice of Transfer/Discharge form shall serve as the written notice of discharge or transfer and be completed by the facility and given to the resident on the same day it is dated.

Exceptions to the 30-day notice of discharge or transfer are cases in which:

• a delay in discharge or transfer would jeopardize the health or safety of the resident or others in the home; or

• the resident's condition improves sufficiently to allow for a more immediate discharge or transfer as documented by a physician.