Involuntary Discharge Rights for Residents of Nursing Facilities
The threat of transfer or discharge from a nursing home can be both frightening and stressful for residents and their families. Too often, a facility may respond to resident’s difficulties or increasing need for care or repeated questions or complaints from family members by attempting to transfer or discharge a resident.
The Nursing Home Reform Law of 1987 prohibits nursing homes from transferring or discharging a resident unless it can establish one of the permissible reasons for transfer/discharge exist.
Those reasons include:
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the nursing home cannot provide adequate care for the resident;
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the resident's health has improved to the point that he or she no longer needs nursing home care;
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safety of individuals in the facility is endangered;
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the resident has failed to pay for care; or
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the facility ceases to operate.
Many of the permissible reasons for transfer or discharge can be addressed through assessment and care planning, making transfer or discharge unnecessary.
If a resident is to be transferred or discharged, the facility must provide adequate notice to the resident and the resident's family member, guardian, or legal representative, in writing, at least 30 days in advance.
Adequate notice includes:
- the reason for the transfer or discharge;
- the specific location to which the resident will be moved;
- the date of transfer or discharge;
- information about the right to appeal the decision to discharge the resident; and
- contact information for the State Long-Term Care Ombudsman.
Contact the Long-Term Care Ombudsman Program with concerns about a notice of discharge.
Resources
National Consumer Voice Prezi Presentation Regarding Involuntary Discharges
National Consumer Voice Involuntary Discharge Resource Page
Understanding Your Rights in a Nursing Home - Payment, Room Transfers, Debt Collection, and Discrimination: This guide developed by the Connecticut Long Term Care Ombudsman Program (LTCOP) provides a resource to help nursing home residents understand their rights, focusing on payment, room transfers, debt collection, and discrimination. Residents have the right to be fully informed about services and charges in writing. Nursing homes cannot require third-party financial guarantees for admission or continued stay, protecting family members from being held personally liable for residents' debts. Residents must receive advance notice of any room or roommate changes, and such changes should consider the resident's preferences. Federal law prohibits nursing homes from holding third parties personally liable for a resident's bill; however, some facilities may attempt to collect debts from family members or friends, which is not permitted. Residents are entitled to be free from discrimination based on race, color, national origin, disability, age, religion, sexual orientation, gender identity, or HIV status. Payment, Room Transfer, Debt Collection, and Discrimination Guide
Discharge Planning Checklist from CMS
Webinar: Involuntary Transfer/Discharge: A Growing Problem We Can Do Something About (2013)
This webinar hosted by the National Consumer Law Center (NCLC) detailed the transfer and discharge provisions of the Nursing Home Reform Law and provided strategies and resources on handling transfer discharge cases. Presenters included Lori Smetanka, Director of the National Long-Term Care Ombudsman Resource Center (NORC); Eric Carlson, Directing Attorney at the National Senior Citizens Law Center (NSCLC); and Mary Ann Parker, attorney for the D.C. Long-Term Care Ombudsman Program/Legal Counsel for the Elderly
Involuntary Transfer and Discharge from Nursing Homes: Prevention, Advocacy, and Appeals (2015)
The webinar discussed strategies and best practices for preventing and advocating for residents facing involuntary discharge from a nursing home, and considered how those strategies, best practices change/stay the same if the resident is in assisted living. The presenters also reviewed best practices for supporting residents and families, identifying legal support, appealing discharge notices, and more. Lori Smetanka, director of the National Long-Term Care Ombudsman Resource Center (NORC) presented, along with Eric Carlson, Co-Directing Attorney, National Senior Citizens Law Center and Mary Ann Parker, Attorney, DC Long-Term Care Ombudsman Program.
National Ombudsman Resource Center Transfer/Discharge Issue Page
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