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My mother is an Alzheimer's patient in an Alzheimer's Rehab Facility. She recently had an incident involving another resident. My mother hit the resident with an ice water cup. She was discharged from the Rehab facility. I would like to know if this is standard procedure and if there is anything that can be done about this and also if I will be held responsible for the medical bills that were incurred by the resident that my mother hit.
Thanks for your assistance.

Answer #1
This patient needs a medical and behavioral evaluation for the cause of her assaultive behavior. In a patient with dementia, there are many, many causes for this and almost all of them are manageable once the correct cause is identified.

Pham H. Liem, M.D.

Answer #2
Generally, a nursing home cannot force a transfer or discharge of a resident unless it can establish that one of the permissible reasons for putting a person out exists. Those reasons are:

  • the resident no longer needs nursing home care;
  • the resident is a danger to other residents and staff;
  • the resident endangers the health of other residents and staff;
  • the resident fails to pay for care;
  • the facility closed down.

Before proposing a transfer or discharge, a facility must identify and try to meet the resident's individual medical, nursing, and psychosocial needs, as well as accommodate the resident's reasonable requests. This means that there must be a plan to address the problem and that steps are taken to implement the plan.

If a facility wishes to transfer or discharge a resident, it must notify the resident and the resident's family member, guardian, or legal representative in writing. The statement must include:

  • the reason for the transfer or discharge;
  • the location the resident will be moved to;
  • the date of transfer or discharge;
  • note that the resident has the right to appeal to the state concerning the transfer or discharge, with the name, address, and telephone number of the State Long Term Care Ombudsman.

The general rule is that a nursing home must inform the resident about a transfer or discharge at least thirty (30) days in advance. You should address any concerns you have to the facility administrator. If they cannot be resolved, you can contact the Office of Long Term Care with the Arkansas Department of Human Services or the local Ombudsman.

Raymon Harvey, P.A.

 

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