Removing A Patient From A Nursing Home
Can A Disruptive Patient Be Forced To Leave A Nursing Home Against His Will?
Legally, a nursing home resident cannot be moved unless he or she:
- Has medical needs that no longer can be met by the facility
- Has recovered his health significantly enough that care is no longer necessary
- Endangers the safety or health of other individuals at the facility
- Has failed to pay for services, or the nursing home closes
Can A Disruptive Patient Be Transferred From One Nursing Home To Another?
Yes, a disruptive patient can be transfered to another nursing home if they are given:
- 30 days written notice
- the reasons for the transfer, and
- the mechanism for challenging the proposed move.
Hearing procedures differ from state to state.
Can Patients Be Moved From One Nursing Home To Another Even If They Are Not Being Disruptive?
There are certain circumstances that may result in the involuntary and abrupt moving of a resident beyond his control. Some examples of this would be a loss of certification by the facility or a strike by its staff. In these cases, special arrangements are typically made to transfer the resident to other housing accommodations.
Do I Need An Attorney If I Have Been Unfairly Removed Or Transferred From A Nursing Home?
If you (or an elderly person that you know) have been removed or transferred from your preferred nursing home for reasons that you believe were unfair, then you should speak with a lawyer who is a specialist in the legal issues of elder law . An experienced attorney will be acquainted with the laws regarding patients in nursing homes and can properly advise you as to the best course of action.
Consult a Lawyer - Present Your Case Now!
Last Modified: 05-05-2009 03:52 PM PDT
