Involuntary discharges from nursing homes can create significant challenges for residents and their families. In Delaware, there are specific laws in place to protect nursing home residents from being discharged without proper cause or notice.
Understanding the legal issues surrounding involuntary discharges can help families advocate for their loved ones.
Lack of proper notice
One of the most common legal issues with involuntary discharges is the lack of proper notice. Delaware law requires nursing homes to give residents and their families at least 30 days’ written notice before an involuntary discharge. The notice must include the reason for the discharge, the proposed date, and information on how to appeal the decision. Failing to provide proper notice can lead to legal action against the facility.
Unjustified reasons for discharge
Nursing homes must have a valid reason for discharging a resident. Common acceptable reasons include the resident’s medical needs exceeding the facility’s capabilities or failure to pay for services. However, some facilities may attempt to discharge residents for reasons that are not legally justified, such as labeling them as “difficult” or requiring extra care. Delaware law protects residents from being discharged for reasons that are discriminatory or retaliatory.
Failure to provide a safe transfer plan
Another common issue involves the failure to provide a safe and appropriate transfer plan. Delaware law requires nursing homes to ensure that residents have a safe place to go upon discharge, such as another suitable facility or a family member’s home. If a nursing home discharges a resident without ensuring proper care and support, it may be violating state regulations, and the resident’s safety could be at risk.
Protecting residents’ rights
Families facing an involuntary discharge should understand their loved one’s rights and take action if the nursing home violates those rights. By knowing the legal requirements and challenging improper discharges, families in Delaware can help ensure that their loved ones receive the care and respect they deserve.