By Fredrick P. Niemann, Esq. a NJ Discharge from a Nursing Home Lawyer
The involuntary transfer of a Medicaid recipient, including “an individual who had entered the facility as a private pay resident and is now awaiting a decision on Medicaid eligibility is permitted only “when an adequate alternative placement . . . is available. In order to determine whether “adequate alternative placement” is available, a facility must prepare a discharge plan before involuntarily discharging a resident, as required by federal and state law. The discharge plan must take the resident’s medical needs into account. Further, any discharge plan must include “involvement of the recipient, family or authorized representative in the placement process with recognition of their choices”, as required by N.J.A.C. 10:63-1.10(h)(2)(iii). In addition, the Nursing Home Reform Act requires that a nursing facility “must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.” Courts and hearing officers have denied proposed involuntary discharges when the facility failed to prepare an adequate care plan.
Of course, nursing and assisted living homes sometimes ignore their responsibilities under state law. In that event, the nursing home resident or his or her family members must seek relief in the New Jersey Superior Court to restrain the nursing home from initiating an illegal discharge.
Contact me personally today to discuss your New Jersey discharge from a nursing home matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.