When a nursing home discharges or transfers a resident, state and federal legal requirements mandate that the facility follow a detailed process, involving discharge planning and the issuance of a discharge notice. The state regulations require that the notice advise residents of their appeal rights, including residents’ rights to represent themselves or use legal counsel, a relative, a friend, or other spokesperson.
The state issued a Dear Administrator Letter announcing a legal guide for residents to use in locating assistance, including legal and advocacy services. Facilities should ensure that this guide is incorporated into their discharge process and provided to any Resident that is being discharged or transferred. A copy of the guide is attached for your convenience. DOH announced that it, in conjunction with the Office for the Aging, will update the information as appropriate.
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