Ask CCRM: Subsidized Residents Who Refuse to Transfer

A Continuing Care Risk Management (CCRM) member recently asked for guidance on handling residents who receive benevolent funding but refuse to transfer to a higher level of care when warranted.

Such situations pose difficulties to organizations, and the liability issues are difficult to parse. How do state regulations address level-of-care issues? What are the terms of the contract or agreement? Could the organization be held liable for breach of contract? The organization’s attorney might have a legal solution to...