Involuntary Discharge continues to be one of the top complaints that ombudsmen report here in Kansas and nationally. The threat of transfer or discharge from a nursing home can be both frightening and stressful for residents and their families. Too often, a facility may respond to resident’s difficulties or increasing need for care or repeated questions or complaints from family members by transferring or discharging the resident. The Nursing Home Reform Law of 1987 protects residents of nursing facilities from involuntary transfer and discharge.
Resident Rights During Transfers and Discharges
- Remain in the nursing facility unless a transfer or discharge:
- (a) is necessary to meet the resident’s welfare;
- (b) is appropriate because the resident’s health has improved and s/he no longer requires nursing home care;
- (c) is needed to protect the health and safety of other residents or staff;
- (d) is required because the resident has failed, after reasonable notice, to pay the facility charge for an item or service provided at the resident’s request
- Receive thirty-day notice of transfer or discharge which includes the reason, effective date, location to which the resident is transferred or discharged, the right to appeal, and the name, address, and telephone number of the state long-term care ombudsman
- Safe transfer or discharge through sufficient preparation by the nursing home
Information and Guides
Involuntary Transfer and Discharge Factsheet, from the National Consumer Voice for Quality Long-Term Care gives consumers details on what the law says about transfer/discharge, notification, time limits, bed-holds and readmission, and appeals.