The state of Georgia places strict limits on the right of nursing homes to discharge or transfer patients without consent. Even those situations in which the facility is exercising its legal right to discharge or transfer a patient require adherence to the procedures that have been prescribed by the state.
The general rule in Georgia is that no resident of a nursing home may be transferred or discharged without consent unless one of four factors has been met.
- A non-consensual transfer or discharge is necessary for the patient's welfare, and the failure to discharge or transfer the patient will result in injury or illness to the patient or others.
- Allowable charges are seriously delinquent.
- The patient no longer requires the level of care currently being provided.
- The facility is unable to meet the patient's needs.