Discharge and Transfer Strategies – Notices, Appeals, Behavior, Appendix PP, Failure to Pay, Final Regulations, and the New CMS Initiative

When a resident leaves is it a transfer or discharge? Who initiated it? What notices are required? Involuntary discharge situations effect skilled nursing and assisted living facilities when residents, families and others are disruptive or abusive. Resident behavior and non-payment for a stay impacts the entire operations of Post-acute care facilities and presents potentially dangerous and difficult environments for operators along with potentially significant economic considerations. Facilities are allowed to involuntarily discharge a resident in narrow situations and, if allowed, must initiate the discharge and provide proper notice as required by federal law. CMS routinely penalizes post-acute care facilities for not following the rules. Facilities must considering the risks and regulatory analysis, as well as practical considerations, also refer to Appendix PP. Session will look at legal and operational aspects of these challenging events.

Topics covered:

• Final federal regulations and state laws outlining discharge process.
• Review when and how discharge planning is appropriate.
• Define the appeals and hearing processes involved with discharge planning.