Just Say No! Contributed by The San Diego Elder Law Center

Involuntary Discharges from Skilled Nursing/Rehabilitation Facilities  

Clients frequently contact us when a family member has been discharged to a skilled nursing/rehabilitation facility after a hospitalization, only to be told by the facility they need to return home far before they are ready.  The encouragement to leave the facility is often accompanied by an explanation, such as "We have no custodial beds", or "Medicare has stopped paying", "Your Dad has reached his rehab potential", or maybe without any explanation at all.  The news if often delivered in a fashion that seems to leave little room for discussion.  People who willingly accept these explanations and leave are considered "voluntary discharges".  If, however, it seems to be premature or without adequate planning, and you are willing to say so, a skilled nursing facility, whether or not they call themselves a "rehabilitation" facility, cannot discharge unless they prove adequate legal grounds.

Our response to a request for advice in such a situation is almost always the same: "JUST SAY NO!".

Under Federal law, there are only six reasons a resident of a skilled nursing facility may be discharged:

Need A Crash Course in Assisted Living 101? Watch Our Webinar.

CARR was recently invited to share what we know about California's assisted living industry by the Caregiver Coalition.  The Caregiver Coalition of San Diego offers a series of webinars focused on topics relevant to those caring for an aging relative and professionals in the field of aging.

You can now access valuable information about assisted living in California and making an informed placement decision anywhere you can access the internet at a time convenient for you.

To access the webinar click here and search under Webinar Registration.  If after watching you would like more detailed information or would like to share this information with friends, CARR is happy to present to any size audience any of our presentations

Governor Brown Signs Into Law AB 1523- RCFE's Must Now Carry Liability Insurance

The UT San Diego's coverage of California's push to reform its assisted living industry continues.  (Additional coverage included here.)

In its report, 6Beds Inc., a group of small home providers, expressed concern that the additional cost of mandatory liability insurance will 'force small facilities to close their doors and subsequently leave seniors with reduced care options'.

As sponsor of AB 1523, CARR conducted substantial research on the implications of mandatory liability insurance; chief among them, the issue of affordability.  The overall results of our research are depicted in Table I below and showed that the average monthly cost to a small, 6-bed facility would amount to approximately $50 per month per resident.  A reasonable amount by any standard. 

KQED's California Report Spotlights CA's RCFE Reform; Special story on CARR aired Sept 5th 2014

 

KQED's California Report aired a series of reports on the most comprehensive reform of assisted living facility regulation in 30 years.  Provided here are links to their reporting.  

August 1, 2014: Down to the Wire: Lawmakers Have 4 weeks to Act on Assisted Living Reform http://blogs.kqed.org/stateofhealth/2014/08/01/down-to-the-wire-lawmakers-have-4-weeks-to-act-on-assisted-living-reforms/

August 4, 2014: A Walk Through Assisted Living Facilities in California  http://blogs.kqed.org/stateofhealth/2014/08/04/a-walk-through-assisted-living-facilities-in-california/

 

 

 

 

August 12, 2014: Are the Proposed Assisted Living Reforms in California Enough http://blogs.kqed.org/stateofhealth/2014/08/12/are-the-proposed-assisted-living-reforms-in-california-enough/​

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