“Resident dumping” — when a nursing facility discharges a resident and refuses to readmit them after a hospital stay or for another unspecified reason.
Resident dumping affects thousands of nursing facility residents who are uninsured or underinsured, have a mental health condition, or have had to spend time in a hospital or rehab facility and find they’re not allowed back into their nursing facility.
There are sometimes legitimate reasons that a resident needs to be removed from a facility for a different level of care. But residents also get “dumped” because they’re uninsured, underinsured, or to make room for more lucrative private insurance patients. Know your rights about what nursing facilities are required to do.
Here are things you should know to protect yourself or a loved one from this illegal practice.
Nursing facilities must:
- Hold a resident’s bed if they are transferred to a hospital
- Follow the law and only involuntarily discharge residents in limited circumstances
- Give residents 30 days’ notice and the opportunity for a hearing before discharging a resident
What to do if you or a loved one experiences resident dumping
- Document all communication to and from the nursing facility
- Know your rights and when to push back
- Contact the Long Term Care Ombudsman at https://theconsumervoice.org/get_help to find information on nursing facilities in your state or to get other information on resolving an issue with long-term care.
- Consider consulting an attorney. The American Bar Association offers free advice at https://www.abafreelegalanswers.org/