Houston Nursing Home Involuntary DischargeNursing home residents have many rights and protections afforded to them by law. However, some nursing home residents, or in certain cases their families, unknowingly forfeit some of their rights and freedoms when they sign contracts with nursing homes. This is why it is extremely important to read these contracts thoroughly and make sure that every portion of it is clearly understood by you and your elderly loved one. If you have any questions, raise them and do not sign the contract until they have been answered to your satisfaction. It is never a bad idea to have a reputable attorney read through and explain the contract prior to signing, as well.
Among the conditions you will want to be absolutely certain about are those pertaining to the involuntary discharge of residents from the nursing home. We invite you to contact the law firm of Rosen & Spears in Houston for further information about nursing home involuntary discharge laws.
Circumstances in Which a Resident May Be Involuntarily Discharged
There are circumstances in which nursing home residents may be involuntarily discharged from the facility, including when:
The nursing home cannot meet the resident’s needs
The resident is a danger to himself or herself and/or others
Services have not been paid for
Of these three reasons, only the nonpayment of services is easily proven or disputed. In many cases, the other two grounds for discharge can be used as an excuse to eliminate what the nursing home considers a troublesome patient or family:
In many cases, nursing homes use the excuse that they “cannot meet the resident’s needs” as a reason for discharging the resident even though that resident’s needs have not changed substantially or at all over the course of his or her residency. Often, this “reason” arises when the family of a nursing home resident becomes increasingly vocal in its complaints about the nursing home.
Residents who are deemed “dangerous” to themselves or others are often sent to psychiatric hospitals and not allowed to return. Sometimes, the behavior is not dangerous at all or may be caused by an underlying medical problem that is easily addressed. However, some nursing homes take the measure of discharging residents without exploring ways of dealing with the underlying problem
It is important to note that nursing homes are not permitted to discharge residents without first giving a 30-day written notice (conversely, residents are not required to give such notice before moving out). Furthermore, their decision to discharge a resident is subject to appeal.
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