Legally, a nursing home resident cannot be moved unless he or she:
Yes, a disruptive patient can be transferred to another nursing home if they are given:
Hearing procedures differ from state to state.
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. A move can also be carried out if it is necessary for the resident’s safety and health and/or for the safety and health of others. In these cases, special arrangements are typically made to transfer the resident to other housing accommodations.
Yes, residents have the right to move to another location to live. However, most nursing homes have a policy that they be informed ahead of time. Doctor’s advice, health insurance and health care would be the responsibility of the patient and his or her family.
Most nursing homes have a written policy regarding admittance after a temporary leave, but generally nursing homes are obligated to allow the resident to return, even if the resident has unpaid bills or the facility believes it cannot meet the resident’s needs. The nursing home can, however, begin the transfer procedures after the patient returns. If the nursing home refuses to readmit the patient, then the family and the hospital should make an immediate appeal to the state or risk having an improper transfer.
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 family law attorney will be acquainted with the laws regarding patients in nursing homes and can properly advise you as to the best course of action.
Last Modified: 01-20-2015 02:51 PM PSTLaw Library Disclaimer
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