11/11/2022 0 Comments Has gone home hospital![]() ![]() This is known as an involuntary discharge to a hospital, or “hospital dump” and it violates resident rights laws. However, sometimes a nursing home will refuse to accept a resident back after they have been hospitalized, even when the resident wants to return and is not in need of acute care. Regardless of the reason, state and federal regulations require that nursing home residents who are temporarily hospitalized be allowed to return to the facility following hospitalization. ![]() ![]() Another reason may be that the nursing home feels that the residents’ clinical or behavioral status endangers the health and/or safety of other individuals in the facility. One reason may be that the resident has emergent care needs that require medical attention. There are a few scenarios when a resident staying in a nursing home may be transferred to a hospital. This case came to CELJ through our MedLaw Partnership of WNY, a collaboration with local hospitals that addresses health-harming civil legal issues facing patients, such as unlawful evictions, unsafe living conditions, lack of income or insurance based on improper denial of benefits, and lack of advance directives, among many others. The Administrative Law Judge ruled in our client’s favor and ordered the nursing home readmit our client as soon as the next bed became available. At the discharge hearing before the NYS Department of Health, the facility was unable to demonstrate why the hospital was an appropriate discharge, why the facility failed to engage in alternative discharge planning for the client, and why they sought instead to send the client to the hospital. Recently, CELJ represented a client who was discharged from a nursing home to a local hospital with a transfer/discharge notice stating that the facility would not be able to take our client back. ![]()
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