The Pollan Law Firm
In Atlanta, The Pollan Law Firm offers first-hand guidance in elder care law, Medicaid and special-needs planning.
Call Today (678) 235-9317
Menu / Navigate

Nursing home discharge or transfer can require patient consent

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.

Changing from private payment status to Medicaid does not constitute failure to pay allowable charges. If a resident is eligible for coverage under Medicaid, Medicaid will pay the resident's charges for up to three months prior to the date of application for the transfer to Medicaid. Any nursing home admission agreement that purports to allow involuntary discharge of a patient who becomes Medicaid eligible is void and unenforceable.

If discharge is not an emergency, the nursing home must provide thirty days' written notice of the proposed transfer or discharge to the resident, the resident's representative, and the resident's physician. The notice must include the reason for the discharge or transfer, the effective date of the transfer or discharge, the location to which the resident is being transferred, and a statement that the resident has the right to appeal the proposed action.

Any nursing home resident or relative of a patient who has received the 30-day notice of discharge or transfer may wish to consult with an attorney who is knowledgeable about Georgia nursing home law for advice on the validity of the notice.

No Comments

Leave a comment
Comment Information

Request A Courtesy 15 Minute Phone Consultation

The Pollan Law Firm
1801 Peachtree Street NE
Suite 125
Atlanta, GA 30309

Phone: 678-235-9317
Map & Directions

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Back to Top
Review Us
Avvo - Rate your Lawyer. Get Free Legal Advice.
10.0David Paul Pollan