Residents' Transfer and Discharge Protections
**Memo revised to clarify issuing an appeal notice**
PDF Version of DQA 11-011
(PDF, 55 KB)
| Date: |
April 26, 2011 -- DQA Memo 11-011 |
| To: |
Nursing Homes NH 06 |
| From: |
Alfred C. Johnson, Director
Bureau of Technology, Licensing and Education |
| cc: |
Otis Woods, Administrator
Division of Quality Assurance
|
Residents' Transfer and Discharge Protections
The purpose of this memorandum is to remind nursing home providers of the
protections afforded to residents going through a transfer or discharge
process. The facility must provide the resident and /or legal decision-maker
with written notice when a decision has been made to involuntarily discharge
the resident from the facility.
Once a facility notifies a resident of an impending involuntary discharge
from the facility, the resident has the right to appeal the discharge
decision. The facility must provide the resident with contact information
for advocates such as a long-term care Ombudsman (for persons over age 60)
or a representative from Disability Rights Wisconsin, or DRW, the advocacy
organization for persons with disabilities.
Attached to this memo is a sample Discharge Notice and Notice before
Discharge cover sheet that providers may utilize to plan for an involuntary
discharge or transfer. These attachments were developed in coordination with
the State of Wisconsin-Board on Aging and Long Term Care (BOALTC). The
facility should consider encouraging any resident being considered for
involuntary discharge or transfer to contact an Ombudsman or advocacy
organization, such as BOALTC or DRW, before issuing the notice to assist the
resident in resolving any issue that led up to the discharge decision.
The Notice before Discharge cover sheet provides information about the
contents and timing of the notice and direction for completing the Discharge
Notice. The Notice addresses reasonable advanced written notice, reason for
the discharge, location to which the resident is to be discharged, effective
date of discharge, rights to appeal the discharge decision and contact
information. In most circumstances, suitable alternate living arrangements
must first be secured before a resident is involuntarily discharged.
The Discharge Notice clearly outlines the information providers are
required to give to affected residents. The Notice is to be made to the
resident and any authorized decision-maker. The Notice informs the resident
of the reason for and anticipated date of discharge, advocate contact
information and the right to appeal the discharge decision.
In addition, attached are the related federal and state requirements
regarding the appeal procedures and adequate prior notice before planning
for discharge or transfer of residents.
If you have any questions, please contact Dinh Tran, Social Services
Consultant at (608) 266-6646.
Attachments
Nursing
Home Federal and State Requirements (PDF, 26 KB)
Example
of Discharge Notice (PDF, 39 KB)
Example
of a Notice before Discharge cover sheet (PDF, 15 KB)
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Last Updated: September 30, 2011
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