Tuesday Training Series: Involuntary Discharge

Join us for a comprehensive Tuesday Training on navigating the complexities of involuntary discharge regulations. This session is designed to help providers ensure that their discharge policies and procedures align with the latest regulatory requirements. Our speakers, Jessica Harmon and Brian Pinkowski, will guide you through critical elements of the discharge process, focusing on how to handle challenging situations effectively and legally.

Key Topics Covered:

• Ensuring Compliance with New Involuntary Discharge Regulations:
  • How to update your discharge policies and procedures to meet the latest standards.
  • Ensuring your 30-day notice is compliant with new discharge criteria.
• Responding to Challenges:
  • Understanding what happens when a resident challenges their 30-day notice.
  • Navigating complaint surveys that may be triggered by an appeal.

Focus Areas:

1. Reasons for Involuntary Discharge:

   • Non-payment: Discharge due to failure to pay for basic services.
   • Violation of Agreement: Discharge for not adhering to the signed agreement's rules.

2. Pre-Discharge Process:

   • Ensuring the safety of other residents.
   • Updating the care plan to meet the resident's needs during the transition.
   • Training staff according to the updated care plan.

3. Coordination and Communication:

   • Involving the resident, their legal representative, or designated agency in the discharge planning.
   • Documenting all steps taken to address the discharge situation.

4. Discharge Notice Requirements:

   • Providing a 30-day written notice before discharge, with exceptions for safety concerns or required higher levels of care.
   • Ensuring the notice includes detailed reasons for discharge, supporting evidence, and efforts made to avoid discharge.

5. Resident Rights:

   • The right to file a grievance within 14 days of receiving the discharge notice.
   • The right to receive a timely response from the facility and to appeal if unsatisfied.

6. Return Conditions:

   • Criteria under which a resident can return to the facility, such as resolving non-payment issues or fulfilling appeal conditions.