Minnesota Nursing Home Abuse and Neglect Lawyer Kenneth LaBore 1-888-452-6589

Nursing Home Discharge and Transfer Notice Requirments

Nursing Home Discharge Notice Requirements

Nursing Home Discharge Notice Requirements

Federal Nursing Home Discharge Notice Requirments

Pursuant to 42 CFR § 483.15(b)(4) Admission, transfer, and discharge rights.

(4) Timing of the notice. (i) Except as specified in paragraphs (b)(4)(ii) and (b)(8) of this section, the notice of transfer or discharge required under this section must be made by the facility at least 30 days before the resident is transferred or discharged.

(ii) Notice must be made as soon as practicable before transfer or discharge when—

(A) The safety of individuals in the facility would be endangered under paragraph (b)(1)(ii)(C) of this section;
(B) The health of individuals in the facility would be endangered, under paragraph (b)(1)(ii)(D) of this section;
(C) The resident’s health improves sufficiently to allow a more immediate transfer or discharge, under paragraph (b)(1)(ii)(B) of this section;
(D) An immediate transfer or discharge is required by the resident’s urgent medical needs, under paragraph (b)(1)(ii)(A) of this section; or
(E) A resident has not resided in the facility for 30 days.

(5) Contents of the notice. The written notice specified in paragraph (b)(3) of this section must include the following:
(i) The reason for transfer or discharge;

(ii) The effective date of transfer or discharge;

(iii) The location to which the resident is transferred or discharged;

(iv) A statement of the resident’s appeal rights, including the name, address (mailing and email), and telephone number of the entity which receives such requests; and information on how to obtain an appeal form and assistance in completing the form and submitting the appeal hearing request;

(v) The name, address (mailing and email) and telephone number of the Office of the State Long-Term Care Ombudsman;

(vi) For nursing facility residents with intellectual and developmental disabilities or related disabilities, the mailing and email address and telephone number of the agency responsible for the protection and advocacy of individuals with developmental disabilities established under Part C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Pub. L. 106-402, codified at 42 U.S.C. 15001 et seq.); and

(vii) For nursing facility residents with a mental disorder or related disabilities, the mailing and email address and telephone number of the agency responsible for the protection and advocacy of individuals with a mental disorder established under the Protection and Advocacy for Mentally Ill Individuals Act.

(6) Changes to the notice. If the information in the notice changes prior to effecting the transfer or discharge, the facility must update the recipients of the notice as soon as practicable once the updated information becomes available.
(7) Orientation for transfer or discharge. A facility must provide and document sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility. This orientation must be provided in a form and manner that the resident can understand.
(8) Notice in advance of facility closure. In the case of facility closure, the individual who is the administrator of the facility must provide written notification prior to the impending closure to the State Survey Agency, the Office of the State Long-Term Care Ombudsman, residents of the facility, and the resident representatives, as well as the plan for the transfer and adequate relocation of the residents, as required at §483.70(l).
(9) Room changes in a composite distinct part. Room changes in a facility that is a composite distinct part (as defined in §483.5) are subject to the requirements of §483.10(e)(7) and must be limited to moves within the particular building in which the resident resides, unless the resident voluntarily agrees to move to another of the composite distinct part’s locations.

KLaBore@MNnursinghomeneglect.com
Please contact elder abuse and neglect Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

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Documentation is Needed to Support Discharge From Nursing Home

Nursing Home Discharge Notice Documentation is Required

Nursing Home Discharge Notice Documentation is Required

Pursuant to federal regulation contained in 42 CFR 483.15(b)(2) Documentation. When the facility transfers or discharges a resident under any of the circumstances specified in paragraphs (c)(1)(i)(A) through (F) of this section, the facility must ensure that the transfer or discharge is documented in the resident’s medical record and appropriate information is communicated to the receiving health care institution or provider.

(i) Documentation in the resident’s medical record must include:

(A) The basis for the transfer per paragraph (c)(1)(i) of this section.
(B) In the case of paragraph (c)(1)(i)(A) of this section, the specific resident need(s) that cannot be met, facility attempts to meet the resident needs, and the service available at the receiving facility to meet the need(s).

(ii) The documentation required by paragraph (c)(2)(i) of this section must be made by—

(A) The resident’s physician when transfer or discharge is necessary under paragraph (c)(1)(A) or (B) of this section; and
(B) A physician when transfer or discharge is necessary under paragraph (b)(1)(i)(C) or (D) of this section.

(iii) Information provided to the receiving provider must include a minimum of the following:

(A) Contact information of the practitioner responsible for the care of the resident
(B) Resident representative information including contact information.
(C) Advance Directive information.
(D) All special instructions or precautions for ongoing care, as appropriate.
(E) Comprehensive care plan goals,
(F) All other necessary information, including a copy of the residents discharge summary, consistent with §483.21(c)

(2), as applicable, and any other documentation, as applicable, to ensure a safe and effective transition of care.

KLaBore@MNnursinghomeneglect.com
Please contact elder abuse and neglect Attorney Kenneth LaBore with any questions you may have at 612-743-9048

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Minnesota Elder Abuse is a Crime

Minnesota Elder Abuse is a Crime Stop Nursing Home Neglect

Minnesota Elder Abuse is a Crime Stop Nursing Home Neglect

Elder Abuse is a Crime

According to the Minnesota Department of Health, Minnesota’s Vulnerable Adults Act was originally adopted in 1980; it was substantially revised in 1995 and 2009 and continues to be updated as needed. The law covers several key points: who is considered a vulnerable adult; how maltreatment is defined; who is required to report known or suspected maltreatment; where to report; which agencies must investigate; penalties for committing maltreatment or failing to report; the appeal process when parties involved in the case are not satisfied with its outcome.

Elder Abuse is a Crime and a Civil Litigation Matter

Vulnerable adult laws contains both civil (Minn. Stat. § 626.557) and criminal provisions (Minn. Stat. § 609); this allows the investigation and the penalty to be tailored to fit the specific situation. Reports of suspected maltreatment of a vulnerable adult made to the Common Entry Point (CEP) are investigated civilly by the lead investigative agency (LIA) identified in the VAA; the county social services agency/APS, or the Minnesota Department of Human Services or the Minnesota Department of Health. Reports to the CEP which allege a crime are referred by the CEP to law enforcement for criminal investigation. Law Enforcement is not a Lead Investigative Agency (LIA) for reports of suspected maltreatment made to the CEP. A criminal investigation by law enforcement does NOT take the place of a civil investigation by APS.

If action is not taken when harm is suspected,there is simply nothing to prevent it from happening again to the same person and to others.  For every case of elder abuse and neglect that is reported to authorities, experts estimate as many as five cases go unreported.  Elder abuse is a crime, report abuse!

For more information on elder abuse and neglect contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

 

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Minnesota Assisted Living Resources

Minnesota Assisted Living Information

Minnesota Assisted Living Information

Minnesota Assisted Facilities Living Information

Minnesota assisted living and nursing home abuse and neglect are important issues to senior citizens and their families. Nursing home neglect can often be attributed to lack of administrative policies and procedures, poorly trained staff and inadequate staffing. Vulnerable adults and the elderly should not be subjected to the following forms of neglect: malnutrition, dehydration, pressure ulcers, falls, medication errors, lack of infection control and injuries caused from lack of supervision.

To research the licensure or registration of an assisted living or housing with services provider see the MDH website. You can check current home care provider survey results including assisted living providers.

A complaint can be filed with the Minnesota Department of Health, Office of Health Facility Complaints (OHFC).  You can view past complaints and substantiated deficiencies in care and treatment provided to residents at the OHFC website.

You can also review the Bill of Rights and resident and provider information.

More Minnesota Assisted Living Facilities Resources

A copy of the Minnesota Home Care Bill of Rights for Assisted Living Clients is available through the Minnesota Department of Health.

Neglect can be avoided with proper training and education. Contact us to consult with a Minnesota Nursing Home Lawyer who is dedicated to holding Nursing Homes and Assisted Living facilities accountable to the contracts they sign with the government, Medicare and Medicaid promising to provide residents with the “highest quality of care practicable.”

If you have questions about the quality of care of someone you care about contact Minnesota Elder Abuse Attorney Kenneth LaBore for information on how to reduce or prevent elder abuse and neglect in nursing homes, assisted living, home care, memory care or any other elder care facility.  Ken can be reached at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com

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Discharge Rights Designed To Protect Nursing Home Residents

Nursing Home Discharge Rights

Nursing Home Discharge Rights

Nursing Home Resident Discharge Rights

According to federal regulation 42 CFR § 483.15(c)  Admission, transfer, and discharge rights.

(c) (1) Facility requirements—(i) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless—

(A) The transfer or discharge is necessary for the resident’s welfare and the resident’s needs cannot be met in the facility;
(B) The transfer or discharge is appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the facility;
(C) The safety of individuals in the facility is endangered due to the clinical or behavioral status of the resident;
(D) The health of individuals in the facility would otherwise be endangered;
(E) 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. Non-payment applies if the resident does not submit the necessary paperwork for third party payment or after the third party, including Medicare or Medicaid, denies the claim and the resident refuses to pay for his or her stay. For a resident who becomes eligible for Medicaid after admission to a facility, the facility may charge a resident only allowable charges under Medicaid; or
(F) The facility ceases to operate.

Additional Right to Know About Nursing Home Discharge or Eviction

(ii) The facility may not transfer or discharge the resident while the appeal is pending, pursuant to §431.230 of this chapter, when a resident exercises his or her right to appeal a transfer or discharge notice from the facility pursuant to §431.220(a)(3) of this chapter, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility. The facility must document the danger that failure to transfer or discharge would pose.

KLaBore@MNnursinghomeneglect.com
Please contact elder abuse and neglect Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

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Minnesota Nursing Home Lawyer

MINNESOTA ELDER ABUSE AND NEGLECT LAWYER - MN Nursing Home Law


Kenneth L. LaBore, Esq, Phone: 612-743-9048 or Toll Free: 1-888-452-6589


This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Minnesota Nursing Home Lawyer & Attorney of Kenneth LaBore - Attorney at Law, offering services related to elder abuse and neglect, nursing home, assisting living, and other senior or elder care facilities, serving Minneapolis, St Paul, Twin Cities, Bemidji, Rochester, Alexandria, Marshall, Grand Rapids, Anoka, Apple Valley, Arden Hills, Burnsville, Lakeville, St Cloud, Monticello, Duluth, Owatonna, Austin, Bloomington, Mankato and throughout Minnesota.


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