INVOLUNTARY TRANSFERS AND DISCHARGES FROM NURSING HOMES © 2000 Nursing Home Ombudsman Agency of the Bluegrass, Inc.
Can My Nursing Home Transfer or Discharge Me Without My Consent? No, except for very limited reasons. State and federal laws help protect residents from being transferred or discharged against their will. You cannot be discharged or transferred from the facility without your permission unless: The transfer is required for your welfare and the facility cannot meet your needs. (They have to prove this.) Your health has improved so much that you to no longer need nursing home care. The health or safety of others in the facility is endangered. You have failed to pay for your stay.
Can I Be Discharged If I Complain about My Care? No!! Residents and their representatives have the right to present grievances or to recommend changes in policies and services to facility staff, to government officials or to others without retaliation. Nursing homes which retaliate against residents are subject to civil fines.
If I Cannot Pay Privately Anymore and Apply for Medicaid, Can I Be Discharged? Usually not. If the nursing home is certified by the Medicaid program and provides the level of care you need, they must accept Medicaid if you become eligible during your stay. Most nursing homes are certified by the Medicaid program. However, in Kentucky, some nursing homes only have some of their beds certified. You must be in a certified bed in order to have Medicaid pay for your stay. You must receive notice in writing at the time of admission if the facility does not accept Medicaid payments.
What Is an Involuntary Discharge? Any discharge you do not want or do not agree to can, and should, be appealed as an involuntary discharge.
What Protection Exists to Ensure That I Am Not Involuntarily Transferred? Medicare and Medicaid certified nursing homes and private nursing homes must give you 30 days written notice before an involuntary transfer or discharge. If you have been in the nursing home less than 30 days, the notice must be as soon as practicable. The notice must be as soon as practicable if your situation involves a health care emergency or if residents or staff in the facility are in danger. The written notice must contain the following information: • The reason for the transfer; • The effective date of the transfer; • The location to which you are being transferred or discharged; • Your right to appeal the transfer or discharge to the Cabinet for Health Services; • The name, address and telephone number of the state long-term care ombudsman; and • The mailing address and telephone number of the Dept. of Public Advocacy for residents with developmental disabilities or mental illness. A copy of the written notice must be sent to you or to your legal representative or guardian. The facility must provide sufficient preparation and orientation to you to ensure a safe and orderly transfer from the facility. If you are being transferred to a hospital, the facility must give you the appropriate bed hold information in writing. If you are a Medicaid recipient or have a Medicaid application pending, the facility must request the bed-hold days allowed by the Medicaid program.
How do I make an appeal? To file an appeal, you must write or fax a request for a hearing to Secretary, Cabinet for Health Services, 275 E. Main St., Frankfort, KY 40621. The FAX number is 502/564-7573. You must file this request within 15 days of receiving the involuntary discharge notice. After you file the appeal, the Cabinet will schedule a hearing which is usually held in your nursing home. At the hearing, you can present information on why the transfer is inappropriate. The burden of proof rests on the nursing home to prove that the reasons for the transfer meet the conditions outlined above. You are better off if you engage an attorney to help you. If you call the Nursing Home Ombudsman Agency of the Bluegrass, we will file the request for the appeal and contact Central Kentucky Legal Services to obtain legal representation for you. We will also help you obtain a private attorney, if your prefer. If the Hearing Officer does not approve the discharge, you can remain in the nursing home. If the discharge is approved, you will have to leave the facility. The nursing home is required to help you find another appropriate facility and to provide counseling before the move to minimize the trauma of relocation. If you have concerns about a possible involuntary discharge or transfer and would like further information or assistance, please contact the nursing home ombudsman agency for help. |
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