By Rick Law, elder law and estate planning attorney in Aurora, IL. Rick and his attorney daughter Diana Law are partners at the Estate, Asset, and Retirement Tax law firm of Law ElderLaw.
Although each state has its own rules regarding transfers and discharges, if the facility accepts Medicaid and/or Medicare, it is bound by the federal rules.
A nursing home may only transfer or discharge a patient under federal law if it is
- necessary for the resident’s welfare and the resident’s needs cannot be met in the facility;
- appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the facility;
- the safety of individuals in the facility is endangered;
- the health of individuals in the facility would otherwise be endangered;
- the resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility (or a resident who becomes eligible for Medicaid after admission to a facility, the facility may charge a resident only allowable charges under Medicaid); or
- the facility ceases to operate.
Facilities must give notice to the resident and resident’s representative and the notice must provide the following:
- the reasons for the transfer and discharge
- the effective date of the transfer or discharge
- where the resident will be transferred or discharged to
- a statement informing the resident the he/she has the right to appeal the action to the state
- the name, address, and telephone number for the state’s long-term care ombudsman
The facility is required to provide 30 days’ notice from the effective date of the transfer or discharge except for emergency situations.
Too many families needlessly lose everything they have. Don’t let that be you. If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100. Your first consultation is absolutely free. We’ll let you know what steps you need to take, right now, to protect yourself and your family. Call now, because when you’re out of money, you’re out of options!
Rick L. Law, Attorney, Estate Planner for Retirees.
Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney at the Estate, Asset, and Retirement Tax law firm of Law ElderLaw, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future. Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. Call 800-310-3100 for your free consultation now!