Can I Move My Loved One to Another Nursing Home if I Suspect Abuse?

If a nursing home is abusing your loved one, neglectfully causing harm, or just isn’t providing the type of care you like, you and your loved one generally have the right to request to move to another facility. Before entering a nursing home as a resident, a contract is signed (similar but not identical to a lease agreement). The right to terminate the contract usually depends on the terms of the contract. Federal and state laws may also govern when and how a contract can be terminated so your loved one can enter into a contract with a new nursing home.

What are the grounds for obtaining a transfer of a nursing home resident?

According to Nursing Homes,  a nursing home resident is entitled to a discharge or a transfer from a nursing home on the following grounds – some of which your loved one can request and some the nursing home may request:

• The nursing home where your loved one is a resident cannot provide the medical and/or personal care that your loved one needs.
• The health of your loved one improves to the point they don’t need medical care. This situation may apply, for example, if your loved one is placed in a nursing home after an accident or due to any type of traumatic injury.
• Your loved one is placing the health and safety of other residents in jeopardy.
• Your loved one (or you) fails to pay the nursing home the payments that are due.
• The nursing home closes.

Voluntary discharge from a nursing home

Moving your parent can be difficult – especially if they experience cognitive or emotional challenges. The trauma of a move can affect your loved one’s mental health. For example, moving means that they may not be able to enjoy the company of any friends or companions at the current nursing home.

To the extent possible, you should speak with your loved one and other family members about the move. You should speak with their physician about the best way to minimize the harm of any move.

If your loved one suffered injuries due to abuse or neglect, you should speak with our nursing home lawyers. We’ll assert your loved one’s right to compensation and work to expedite the removal of your loved one. We can negotiate the terms of the discharge through a settlement or request a court order approving of the discharge.

Discussing and negotiating the terms of the discharge from your loved one’s current home

Before the move, you should:

• Obtain (or arrange for the transfer to the new facility) from the current nursing home their care plan, record of medications, medical records for all health issues, therapy notes, and other medical information.
• Review the financial consequences of the move. You’ll need to reach an agreement with the current nursing home regarding the fees, costs, and monthly payments that are due. If you have grounds for the move, due to abuse or neglect, our nursing home lawyers will work to reach a settlement or obtain a court order as to the money that is due.
• Review with Medicaid their concerns about the move.

Determining which new nursing home is a good fit for your loved one

If you wish to move your loved one to another nursing home, you should review which other nursing homes can help with his/her needs. The review should include an inspection of the facility, conversations with anyone who can provide references, contacting the local ombudsman to inquire about the level of complaints against the new facility, and other measures.

You should:

• Obtain information about the physicians who work for the new facility and the amount and level of nursing care that is available.
• Review the food that is served, the amenities and programs that are offered, and all other pros and cons of the new facility.
• Inquire about the new facility’s record of treating COVID-19 and other diseases.
• Inquire about your right to visit your loved one.
• Ask about calling and having video conferences with your loved one.
• Obtain a bill of rights for your loved one from the new facility.
• Ensure that if you can arrange a transfer there is no lapse in the care your loved one receives. You may need to work with the discharge office of the current nursing home to help ensure that the nursing home you choose will accept your loved one.
• Review other options such as assisted living facilities and home care. Generally, nursing home care is used for people with more serious health problems than assisted living facilities.

Involuntary discharge from a nursing home

There are formal requirements (based on federal law, state law, and the nursing home agreement) that govern how a nursing home can force an involuntary discharge. These requirements include a formal notice that explains the reason for the discharge, the efforts the nursing home made to try to settle the reasons for the discharge, instructions on how your loved one/you can appeal, a statement of your loved one’s physical and mental health, and other requirements.

If you want to move your loved one to a new nursing home or need to move them due to abuse or neglect, the dedicated nursing home abuse attorneys at Garcia & Artigliere have the legal and practical experience to help. We’ll be your advocate if your loved one was harmed. We’ll advocate for you and your loved one with the current nursing home. Our lawyers will review the factors you need to review concerning the new facility. Call our office or use our contact form to schedule a free consultation today. As a national firm, we have offices in Los Angeles, Phoenix, Long Beach, Louisville, and New Orleans.