KNOW YOUR RIGHTS ABOUT NURSING HOME DISCHARGE (Clearview article continued)
Residents can be involuntarily discharged when:
- The resident's health has improved so she no longer needs the services provided by the facility.
-  The resident's medical needs cannot be met at the nursing home.
-  The health or safety of other individuals in the facility would be endangered if the resident remained.
-  The resident has failed to pay for a stay at the facility, but not if a charge is in dispute, if an appeal of a denial of benefits is pending, or if the resident is cooperating in trying to access to her money.

ALERT: DOH has begun steps to weaken the regulations that protect residents  when a nursing home wants to discharge them or transfer them to other facilities.  Thirty day notices would no longer be required for everyone, fewer residents would have the right to stay in the home during an appeal and appeals could take up to 90 days instead of 30, even if a resident has already been moved. FRIA is working to stop these changes and we need your help. Let us know if you would be willing to work on this issue. A resident who gets a 30 day discharge notice (all sub-acute rehabilitation patients get one when they are admitted) has the right to appeal and receive a pre-discharge hearing.
Contact FRIA if you have a discharge notice and want to appeal the discharge.
212-732-4455.