TRANSFER AND DISCHARGES AT NURSING HOMES

Here are the five reasons that a Nursing Home ( a "Facility") can discharge or transfer a patient to another facility:

1. Facility Going Out of Business;
2. Patient needs more care than the Facility can provide;
3. Patient does not need the level of care provided at the Facility;
4. Patient Does not Pay his or her bill;
5. Patient's conduct endangers the health or safety of the other residents of the staff.

Number 5 presents the most common problems when a patient becomes or is somewhat unruly, especially patients with a degree of dementia.

There must be an authorization by a physician. There must be timely notice, meaning at least 30 days prior to the proposed action. (Notice may be done on a more expedited basis when the safety or health of individuals at the Facility may be endangered; when resident's health improves to such a degree that he or she clearly does not need a Facility; when medical concerns dictate an immediate transfer; or the resident has not resided in the Facility for at least 30 days.

The notice can not be conclusory but must state the reason for the discharge or transfer; the effective date of the proposed action; the location to which the resident is being transferred; a statement that the resident can appeal this decision to the State; the name and address of the State's long term care ombudsman.