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Nursing Home Discharge Requirements

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Facing a Discharge?

Facing a Discharge?

The following was contributed by Diane Persson, PhD, MPH, LNFA

There have been a number of nursing home discharges lately, so I thought a review of discharge requirements would be helpful.  The details can be found in the Texas Administrative Code, Chapter 19 Nursing Facility Requirements, Rule 19.502.  Basically this is what it says.

 

Primary reasons for discharge include:

1.      Resident’s needs cannot be met in facility

2.      Resident endangers safety and/or health of others in facility

3.      Non-payment

4.      Resident health has improved so facility services are no longer needed

 

The one that is most common is the first one, which is also interpreted to include that the needs of the resident’s family cannot be met.

 

Before a discharge is made the resident’s physician must document this is being done and the facility must notify the resident and a responsible party or family of the discharge.  A thirty (30) day notice is required in most cases unless it is an immediate discharge which must be approved by the state.  The written discharge notice must include:

1.      Reason for discharge

2.      Effective date of discharge and location to which the resident is being discharged

3.      A statement saying the resident has the right to appeal the discharge

4.      Name, address, and phone number of local ombudsman program and toll-free state number to appeal a discharge

 

If the Ombudsman office receives a copy of the discharge notice they will follow-up with the resident and discuss the appeal process. Residents have 10 days from receiving the notice to appeal, and a state hearing officer makes a final determination on whether the discharge was appropriate or not.





Advocating for the rights of residents in long term care facilities