In the world of nursing home care, many questions arise concerning fair treatment of the elderly population. This is such a hot topic as there are numerous entities that are responsible for the well-being of our friends and family members. From nurses to the companies that they work for, from Medicaid to emergency care staff, there is seemingly a limitless amount of people responsible for the health and treatment of senior citizens.
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Rights Regarding Unlawful Discharge and Transfer
The first and most foremost thing that one should understand is that federal law protects you from being unfairly discharged or transferred from a nursing home. This right is oftentimes overlooked as people oftentimes view the healthcare facilities that they work with as completely dominant of what goes on within their facility.
While this is true in some aspects, it is not true in all cases. Just as individual citizens cannot be unlawfully discriminated against by an establishment such as a restaurant, your nursing home of choice is not legally able to manipulate your situation resulting in an unfair transfer or discharge. Sometimes, a quick and unruly discharge can lead to severe jeopardization of a senior citizen’s health, leading to the creation of important laws such as this one.
Conditions Under Which One Can Transfer
In addition to having rights regarding unlawful discharge, you also have rights to switch nursing homes under certain conditions. It is important to note that this may vary depending on your insurance plan and other factors. Under Medi-Cal, you generally can’t be transferred to a different skilled nursing facility or discharged unless:
- Your condition has worsened, calling a need for a new nursing home that is more apt to handle extensive medical conditions.
- You haven’t paid your medical bills for the care you have received.
- The nursing home is closing or has plans to close.
- Your condition has improved enough that care in a nursing home is no longer necessary.
- And other extenuating circumstances
The Right to Self-Determination
In contrast, Civil Code Section 1708.9 of California law “makes it unlawful to interfere or restrict a person’s freedom of movement to enter or exit a health facility, such as a nursing home.” The violation of this right can result in lawsuits and financial compensation.
Other rights afforded under self-determination include the right to:
- Discharge oneself without notice;
- Freedom from restraint;
- Choice in determining treatment;
- The ability to consent or refuse to any treatment or procedure;
- Be free from interference in exercising rights
This does not go without saying that nursing homes may not attempt to restrict someone from leaving. Remembering that certain rights are afforded to all citizens of California and the United States of America can greatly improve the livelihood of your family members. In any case, speaking with a nursing home attorney will be the most helpful thing you can do when trying to transfer healthcare facilities.
Reach Out to Joel Bryant Today
Joel Bryant is a tried and trusted San Diego nursing home abuse attorney. He has been representing senior citizens and their families across southern California for decades, proving his reliability through his accomplishments. Contact us today if you or a loved one is in need of a nursing home abuse lawyer.