Involuntary Discharges: Requirements and Strategies for Post-Acute Providers
This Feature Article is brought to you by AHLA's Post-Acute and Long Term Services Practice Group.
- March 01, 2025
- Liz LaFoe Frederick , Husch Blackwell LLP
Long term care facilities (nursing homes) are sometimes accused of “kicking out” difficult residents or “hospital dumping,” meaning, improperly sending difficult residents to the hospital and refusing to accept them back. In truth, these facilities are subject to strict regulations that set forth limited circumstances in which a patient may be involuntarily discharged or transferred. Generally, residents have the right to appeal an involuntary discharge or transfer, and an improper discharge or transfer can have several significant consequences for a facility, including possible survey deficiencies and litigation.
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