With regards to transferring and discharging a resident out of a skilled nursing facility, residents are given specific rights by California and federal law.
A resident may be transferred or discharged only if:
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The resident’s health has improved sufficiently so the resident no longer needs the services provided by the facility;
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It is necessary for the resident’s welfare and the resident’s needs cannot be met in the;
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The health of individuals would otherwise be endangered;
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The safety of individuals is endangered;
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The resident has failed, after reasonable and appropriate notice, to pay;
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The facility ceases to operate.
Documentation
The facility must have adequate documentation in the resident’s records to substantiate a transfer or discharge. The records must document accurate assessments and attempts through care planning to address the resident’s needs, through multi-disciplinary interventions, attention to the resident’s customary routines, and accommodation of individual needs.
Written Notice
Before transferring or discharging a resident, the facility must provide written notice to the resident, and if known, to a family member or legal representative. The notice must be given at least 30 days before the discharge date. The notice must contain all the following notice, if any of the following items are missing, the notice is not valid:
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The reason for the transfer or discharge and the effective date;
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The location to which the resident will be transferred;
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A statement that the resident has the right to appeal to the state;
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The name, address and phone number of the state Licensing and Certification District Office;
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The name, address and phone number of the Long-Term Care Ombudsman;
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A statement that the resident may represent him/herself or use legal counsel, a relative, friend or other spokesperson;
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A statement that the resident or resident’s representative must be allowed to review, prior to and during the appeal hearing, the resident’s medical records and the documents to be used by the state;
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A statement that the resident may bring witnesses to the hearing;
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A statement that the resident should file the appeal within 10 days so as not to jeopardize the ability of the state to make a ruling prior to the discharge date;
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A statement that the facility may permit the resident to remain even if the state has not made a decision within 30 days;
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A statement that if the state upholds the discharge notice, that the resident should be prepared to be transferred.
Berman & Riedel, LLP is a San Diego based law firm that advocates for Californian’s who have been abused or neglected in nursing homes or other types of elder care facilities. If you are concerned about an elderly loved ones care in a nursing home, call Berman & Riedel, LLP today at (858) 350-8855. Our attorneys will happily provide you and your family with an initial free consultation to discuss with you any questions you may have and the rights you and your family may have under California and federal law. To learn more about Berman & Riedel, LLP, visit the firm’s main website at www.preventelderabuse.com.
