As time goes on, certain difficult family decisions are made, for example, when a loved one requires more care that can be offered at home. (Such a decision can also trigger changes to estate planning documents.)
One aspect of having a loved one in a care facility is that the facility may request or require discharge or transfer out of the facility. This often comes as a shock to family members as they struggle to understand what a discharge/transfer (some have called it an eviction) actually means and what affect it may have on their loved one.
It is beyond the scope of this article to outline all the regulations that such a discharge/transfer entails. The rules are determined by the type of facility, whether nursing home or assisted living, whether Medicaid or private pay, and other aspects.
If the facility is closing, this can complicate the planning process.
However, there are some basic regulations that must be adhered to:
1) the discharge/transfer request must be given in writing. and in a timely manner.
2) There must be a plan in place for the discharge/transfer including a plan of future care and continuity of care for the resident
3) there is a written summary of the resident's mental and health status which may include the basis for the discharge/transfer
In most cases, depending on the type of facility, there is a right of appealing the discharge/transfer.
When a resident runs out of funds (if they have been paying fees to the facility) then a transition to Medicaid is made. If the facility does not accept Medicaid or is not certified for Medicaid, then transfer to a Medicaid approved facility would need to be arranged.
There are differences in discharge requirements for a nursing home/skilled nursing facility and an assisted living facility or private group home.
Elder care attorneys are often brought in to offer advice about situations of discharge/transfer/eviction from a care facility.
Estate Planning attorneys often work closely with elder care professionals to assist families facing residential care issues.
My researcher selected several sites that offer more information for families facing problems with discharge/transfer from a care facility (this is not a complete list, but a starting point):
agingcare.com
lawforseniors.org
LTCOmbudsman.org
medicaidplanningassistance.org
also check the government sites for medicare and medicaid
Note: Do not rely solely on the information on websites. Not all of the sites keep up to date information.
Laws change and each situation is unique.
Some of the sites may link to other commercial sites.
Use the sites and articles as a starting point in your search for information and education.
When in doubt about your legal rights, consult with a professional. Do not sign documents if you have any doubts about what they mean.
Working To Preserve Your Wealth and Protect Your Future...in a Constantly Changing World
Please read my full Disclaimer and How I Can Help You
Visit my website: www.attorneybarbaradalvano.weebly.com for additional articles, information about free webinars and printable infographics