TIPS
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OMBUDSMAN PRACTICE
When issues arise regarding transfer or discharge from a facility, consult federal and state laws and regulations for their exact requirements. The Guidance to Surveyors describes in more detail factors facilities must consider in making the decision to transfer a resident. It also discusses a facility's obligations to meet the needs of residents according to the quality of care and quality of life requirements. Although there can be great variation in cases, there are some general actions you might consider on behalf of a resident. Examine the notice to ensure that it complies with all of the requirements. If it does not comply with all of the requirements, it is not a valid discharge notice and the 30-day time period has not started. Focus on the stated reason for transfer/discharge and begin problem resolution.
What is the real problem or issue? What approaches has the facility tried to resolve the problem? Has the facility used outside resources when appropriate? What is the resident’s role in resolving the problem? Is this an issue where a care-planning conference might be useful?
Contact the SLTCO if the resident wishes to file an appeal or if the resident is unable to file an appeal.