In re L.

(Conn. Dep’t of Soc. Servs. Office of Admin. Hearings & App. filed Sept. 17, 1998). ; Clearinghouse Number: 52282

Description

Nursing Home Resident Admitted for Respite Care During Her Caregiver’s Hospitalization May Not Be Discharged Absent Written Notice

Abstract

The fair hearing officer held that respondent nursing home, in attempting to discharge petitioner, failed to comply with the state nursing home discharge law (based on 42 U.S.C. § 1396r and implementing regulations). Petitioner, who has Alzheimer’s disease, was admitted to the nursing home for respite care while her husband was in the hospital with pneumonia. After petitioner’s husband was released from the hospital, nursing home sought to discharge petitioner without written notice. However, petitioner’s husband felt too weak to care for his wife and refused to pick her up. The regional ombudsman and legal services were contacted, and nursing home eventually agreed to issue a written discharge notice. However, nursing home took the position that the discharge law did not apply because petitioner was not a "resident" since she had been admitted pursuant to regulations that were exceptions to the first-come, first-served state wait list law. The hearing officer found that, even though petitioner was initially admitted for respite care, she was a "resident" and therefore subject to the state discharge rules. The hearing officer also found that nursing home failed to comply with the law because (1) it did not give the notice at least ten days before the proposed discharge; (2) two of the reasons for discharge cited in the notice were not permissible under state law; and (3) the third reason cited in the notice was not proven because nursing home never determined whether it could meet petitioner’s needs.

Additional Information

Attorney Information
Appellant represented by Joelen J. Gates, Connecticut Legal Services, 872 Main St., Willimantic, CT 06226; 860.423.2556.
Docket Date
1998-09-17 00:00:00+00:00