Appellant received a notice which stated, incorrectly under the law, that she had 14 days to appeal and that the nursing facility could potentially discharge her within five days after an adverse decision from the Board of Hearings. The nursing facility’s intention to give this information is likely an attempt to comply with 130 CMR 456.701(C)(5); however the actual time frames given on that notice are legally incorrect; also nursing facility failed to give reasonable and appropriate notice of non-payment prior to issuing the discharge notice.
Category: Nursing facility discharge
Appeal 1209222
Nursing facility has valid grounds to discharge the appellant per its notice dated April 2, 2012; met its burden of providing sufficient preparation and orientation to the resident to ensure safe and orderly discharge; nursing facility actively involved the appellant in selecting the discharge location when the representatives met with the appellant and discussed possible discharge locations.
Appeal 1117214
Notice is deficient in that it indicates the intention to discharge Appellant to her former home to live with her son. Appellant was admitted to the nursing facility with a diagnosis of Alzheimer’s disease and was clinically determined to require skilled nursing services; the only safe and appropriate setting for Appellant would be another skilled nursing facility capable of meeting the needs of a resident with Alzheimer’s disease. Accordingly, the subject 30-Day Notice of Intent to Discharge fails to indicate a safe and appropriate discharge location.
MassHealth Appeals 