Involuntary discharge from nursing home for non-payment

This is a discussion on Involuntary discharge from nursing home for non-payment within the Other Healthcare Law Issues forum, part of the HEALTHCARE LAW & MALPRACTICE category; An AZ nursing home just gave a resident a 30 day letter for discharge due to non payment for the ...

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Old Jan 30th, 2007, 09:00 PM   #1
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Default Involuntary discharge from nursing home for non-payment

An AZ nursing home just gave a resident a 30 day letter for discharge due to non payment for the past 5 months. She can't qualify for Medicaid until 2008 because she knowingly quit claimed her home to her daughter, even though she was advised not to by many people. This resident requires 24 hour care, and cannot bear wt or transfer herself. Daughter now wants nothing to do with her. There is no one to take her and no payor source. Her social security is $600 per month. The ombudsman and APS say there's nothing they can do. APS is not a placement agency. As her social worker, I am being told I must discharge her in accordance with the 30 day notice, but the address on the letter is the daughter's home, where the resident is not welcome. We have sent out home health agencies to try to assess the daughter's home for safety, but she refused them access, and threatened to call police if we discharge her mother to her home. No other family can take this resident. My question is: how can I arrange a safe discharge, when there is no place for her to go? I believe the nursing home plans on transporting her to the daughter's home, and then call the police, APS, and ombudsman. But that is not arranging a safe discharge. Is there anything I can do? Can the nursing home be cited for an unsafe discharge? A lawyer is looking into putting a lien on the house, suing for fraud, etc., but this discharge is being done to "stop the financial bleeding." What can you suggest? Thank you.
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Old Jan 31st, 2007, 09:45 PM   #2
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Default Re: Involuntary discharge from nursing home for non-payment

The bottom line question to the above problem : Must the location the resident will be moved to (on the 30 day notification letter of discharge) be agreeable and available to taking the resident for this to be considered a safe discharge? Yes or No? Thank you.
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Old Feb 2nd, 2007, 09:52 AM   #3
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Default Re: Involuntary discharge from nursing home for non-payment

Yes--you may involve the police and licensing boards if the situation is otherwise.
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