This article originally appeared in the Plattsburgh Press-Republican’s Senior Sentinel …
There is a continued issue of nursing homes discharging residents who have been admitted for short term rehabilitation to another nursing home because they needed “long term care” or other inappropriate reasons. Such discharges violate federal and state laws and regulations, and the New York State Department of Health (NYSDOH) is clear that such discharges are considered facility initiated and involuntary.
You may ask what is a facility initiated involuntary discharge/transfer? It is a transfer or discharge which the resident objects to or did not request, and or is not in alignment with the resident’s goals.
To put it simply: unless the resident, upon admission, wanted to complete short term rehabilitation at nursing home A and then transfer to nursing home B for long term care, these types of lateral discharges should always be considered facility initiated and not voluntary.
Nursing homes in New York State are not allowed to say to the resident, “We are admitting you for short term rehabilitation only and, once you finish rehab you will need to go to another nursing home.” This is not correct. Once you are a resident whether it be for rehabilitation services or long term care you may remain at that facility if you so choose. If a resident fails to pay their bill however, then they may receive a discharge notice.
You can not be discharged to another nursing just because your rehabilitation is complete. If this happens you can file an appeal.
The best motto is when in doubt call your local Ombudsman program at (518) 562-1732, Or email Amy Gehrig at: amy@ncci-online.com.