Legal safeguards against involuntary transfers or discharges of nursing home residents

Patti's Comments:  I did NOT write this, but it is a good summary of the law. Thank you to my friend for sharing this valuable information!

From Law Office of Donald D. Vanarelli Blog: (click for entire article)

A recent article in the NJ Lawyer newspaper examined the safeguards in federal and state law designed to protect elderly, infirm and disabled nursing home residents from involuntary transfers or discharges from their care facilities. According to federal law, a nursing home can discharge a resident only for the following reasons:

The resident’s health has improved
The resident’s needs cannot be met by the facility
The health and safety of other residents is endangered
The resident has not paid after receiving notice
The facility stops operating

Withh regard to discharges for non-payment, Medicaid beneficiares, and those who have applied for, and are awaiting resolution of, Medicaid eligibility, are required only to pay toward the cost of care by reimbursing the nursing facility from his or her available monthly income as reported to Medicaid. They cannot be discharged even if their income is insufficient to pay for the entire monthly cost of care.