Removing A Patient From A Nursing Home

A nursing home patient cannot be forced to leave against their will under nursing home laws and regulations unless they:

1. Have medical requirements that the institution can no longer provide
2. Have greatly improved their health to the point that medical attention is no longer required
3. Endanger other people’s safety or health at the institution
4. Have failed to pay for services, resulting in the nursing home’s closure

Related: Elder Neglect Laws

Can a Disruptive Patient Be Transferred From One Nursing Home to Another?

Yes, a disruptive patient may be moved to another care home, provided the grounds for the transfer and the method for disputing the planned relocation are provided in writing within 30 days.

Hearing processes for removing patients from a nursing home differ from one state to the next.

Most states, however, do not allow unlawful releases and follow these regulations and procedures:

1. The nursing or assisted living home must first have reasonably attempted to find an alternative to transfer or discharge.
2. If appropriate, a medical unit at the home must demonstrate that the facility cannot provide the resident with the accommodations and care required to satisfy their conditions or that the resident no longer requires treatment.
3. Residents and legal guardians can contest an involuntary transfer to a local regulatory agency.
4. Patients can stay in the nursing home while the appeal is ongoing.
5. Facilities have the right to transfer or discharge a patient without official notice if they pose a risk of harm.
6. Patients and legal guardians should receive at least 30 days’ notice of a pending transfer or discharge.
7. Care facilities must inform patients and their families in writing about their discharge policies and procedures.

Again, these rules vary depending on the patient’s health, the licensing of the care facility, the agreement between the facility and the patient, and the laws of the jurisdiction where the resident gets care.

Healthcare practitioners must state the exact cause for the discharge or treatment, such as the resident falling behind on payments or safety concerns, and follow the rules regulating such removals.

Related: Nursing Home Abuse Lawyers

Can Patients Be Moved From One Nursing Home to Another Even If They Are Not Being Disruptive?

Certain situations may necessitate a person’s forcible and sudden relocation for reasons beyond their control. A facility losing its certification or going on strike are two instances of this.

A transfer may also be essential for the resident’s safety and health, as well as the safety and health of others. In these circumstances, specific preparations are usually made to relocate the person to another kind of housing.

Related: Nursing Home Fraud Lawyers

Can Residents Leave a Nursing Home to Live Elsewhere?

Yes, residents have the right to voluntary discharge from a nursing home and can relocate to another place. However, most nursing facilities have a policy that requires them to be notified ahead of time.

What Are the Four Major Reasons Nursing Facilities May Force People to be Discharged?

Care facilities can transfer or discharge patients for the following reasons.

A discharge may need examination and certification by nursing home management, independent physicians, insurance adjusters, and social workers.

Simultaneously, families and patients may contest the facts provided in favor of the release, obtain medical documents, and file an appeal.

You should consult with a lawyer if you have received a transfer or pending discharge notice.

Inability to Treat Severe Conditions
Not every nursing home has a dementia branch, hospice services, or the required equipment to offer cutting-edge medical treatment.

If the facility cannot provide adequate care for patients’ deteriorating state, they can seek to transfer them to another institution.

Families should review the patient care agreement and diagnostic codes associated with the hospitalization. Independent physicians may assist families in determining if a care facility cannot offer essential care or is just attempting to avoid its legal duties.

Normally, you cannot compel an institution to give care for a problem that it didn’t agree to treat in the first place. However, care facilities must stabilize deteriorating patients and collaborate with families to identify other care.

If a nursing home decides to treat a dementia patient but says it cannot offer necessary services, consider moving the resident to another care facility and consulting with a local lawyer about your legal options.

Unnecessary Care and Recovery
Many nursing homes strive to swiftly recover and release patients to create a place for new residents.

Because most nursing facilities have more potential residents than available rooms, people are occasionally released early.

The management of a facility will declare that a resident’s health has adequately improved and that they don’t need in-patient treatment. Instead, an administrator may prescribe outpatient therapy or begin a 24-hour release.

When nursing facilities declare that a patient’s health has improved enough, they must usually present proof of medical improvement upon request. A group of therapeutic specialists should examine any discharge recommendations, and the patient should be examined physically.

Most care homes must also collaborate with social workers to make sure that patients have a secure environment to recuperate.

Patients may file an appeal with their local health authority, seek a Medicaid/Medicare review, and hire an independent doctor to undertake a medical review. A patient can stay at the institution while an appeal is being heard.

Non-Payment
Unfortunately, some individuals may be removed from care homes due to non-payment. The majority of states strictly control such releases. Nursing homes should first challenge insurance rejections, assist patients in applying for Medicaid, and offer residents time to pay.

Concerns for Safety
A patient who requires long-term supervision may lose sight of reality, particularly if they have a mental condition. In their bewilderment, they may assault a nurse or damage other residents while trying to flee the institution.

In such circumstances, care facilities may commence transfer or discharge procedures to ensure the protection of others.

However, the institution must first take precautions to stop the patient from causing injury to others. These actions might include moving the resident to a confined area, providing specialist monitoring, or prescribing specific mental health medications.

If these safeguards properly defend its staff, the institution cannot release patients for medically relevant conduct.

When no other institution accepts the patient, forced discharge from a care facility becomes a problem. A lawyer may investigate the medical records and the grounds for discharge in such circumstances.

Families may contest a safety-related discharge by asserting that the institution was aware of the underlying disease and didn’t exhaust all treatment options. In such circumstances, residents may also use local appeals processes.

Care homes can only discharge a patient after informing the patient’s family and allowing them to appeal. Nonetheless, if the resident committed a sex offense or a serious physical attack, the facility management may inform police authorities.

If an event results in a report to law enforcement, consult with a local lawyer.

If a Resident Is Sent to the Hospital, Does the Resident Have the Right to Be Readmitted to the Nursing Home?

Most nursing homes have a documented policy addressing entry after a brief departure. Still, nursing homes are typically required to allow the resident to return, even if the resident has outstanding payments, or the facility feels it is unable to satisfy the resident’s requirements.

The nursing home, on the other hand, may begin the transfer processes once the patient returns. If the nursing home refuses to readmit the patient, the family and hospital should file an urgent state appeal or risk an improper transfer.

Do I Need an Attorney If I Have Been Unfairly Removed or Transferred From a Nursing Home?

Suppose you (or an older person you know) have been removed or relocated from your chosen nursing facility for reasons you feel were unjust. In that case, you should consult with a lawyer specializing in family law.

A nursing home abuse attorney will be familiar with the regulations governing nursing home residents and can correctly advise you on the best course of action.