Illegal Discharge of an Elderly Patient

by Ira M. Leff, Esq.


January 12, 2010

Last week I wrote about patients being dumped on hospitals by nursing homes. This week I want to continue with the illegal discharge theme.

It has become commonplace for a resident of a nursing home to be told that her need for skilled rehabilitation was over and therefore she must take her possessions and leave. What if she stills need 24/7 nursing care? Sorry, we are just a rehab. center. You will need to find a long-term care nursing home.

In addition to the possible FAIR HOUSING ACT violation which we explored on December 28, 2009, the Rehab. Center is violating the BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES, O.C.G.A. § 31-8-100 et seq.

The DHR regulations also address this issue:

Next week we will look at the various remedies for this violation.


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