Involuntary Discharges: How to Ensure Compliance and Avoid Damaging Consequences

May 18, 2018 | Aging Services Risk Management


​Prompted by several lawsuits involving involuntary discharges of skilled-nursing facility residents in 2017, an article published in the May 2018 issue of Caring for the Ages reminds facility leaders that compliance with state, federal, and regulatory laws is paramount to ensure safe discharges for residents and for facilities to avoid hefty consequences. The article references multiple lawsuits in California that claimed noncompliance. One involved the death of a resident four days after a facility discharged the resident to a hotel with a 30-day paid room, some medication, food, and alleged promise of home health services. The resident's family alleged no notification, no appeal instructions, no home health visits, and no steps to ensure a safe discharge.

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