For many seniors, accepting the reality that a nursing home may be the best available option for them, can be a difficult process. But if their health conditions are at risk of worsening, the higher level of care provided by a nursing home may be in order.
However, what happens when a nursing home decides to discharge or transfer a resident? Under what circumstances and legal requirements are they allowed to do so? Where will the resident go?
This piece aims to provide answers to these important questions.
Why Might a Nursing Home Discharge a Resident?
As per the Texas government, residents have rights, benefits, privileges, and responsibilities granted by the laws of the state and the Constitution. However, there are a number of reasons why a nursing home might decide to legitimately (or unfairly) discharge a senior resident.
Legitimate Criteria for Discharging or Transferring a Resident
- When the resident’s needs cannot be met by the current facility.
- When the health of the resident has significantly improved to the point that the facility’s services are no longer necessary.
- When the resident endangers the safety of others in the facility.
- When the resident poses a risk to the health of others in the facility.
- When the resident has repeatedly failed, after appropriate and reasonable notice, to pay for staying at the facility.
- If the facility no longer operates.
Discharge Planning and Requirements
In order for the nursing home to discharge the resident, at least one of the aforementioned criteria for discharge must be met. In the event that it is, the facility needs to follow a protocol and meet specific requirements. It needs to provide a written notice and documentation to the resident and their representative. The language of the notice must be understandable by both.
The following information must be contained in the written notice. The notice will not be valid if any of this information is not provided.
- The reason for the discharge or transfer.
- The date of the discharge or transfer.
- A post-discharge plan that outlines the care required by the resident, so that arrangements for their housing and care may be made more easily.
- A statement containing the appeal rights of the resident, and related information.
- A statement regarding the resident’s right to represent themselves or through legal counsel, or some other spokesperson.
If you or a loved one are being discharged or transferred from a nursing home facility in Houston or Stafford, TX, consider professional medical transportation.
Care Plus Medical Transportation is a reputable non-emergency medical transportation provider based in Stafford. Their wheelchair transportation service is specifically designed to cater to senior and handicapped patients.
Contact the company to request a quote! Call them at 713-493-2400.