Appellant will now be given the June 4, 2015 start date she is seeking; no longer a disqualifying transfer issue; additional information received from Appellant’s side related to Appellant’s reverse mortgage.
No disqualifying transfer; remainder interest in property was transferred to appellant’s sons in 2004; appellant retained life estate; deed mistakenly not recorded and only recorded in 2015; testimony from family, lawyers, and legal staff; copy of unrecorded 2004 deed; no evidence to suggest illegal backdating of document.
No adequate and acceptable documentation in the clinical record, from the resident’s physician, signing off on and attesting to the statement that this Appellant’s health has improved sufficiently enough to make the discharge appropriate; nursing facility has already failed twice in trying to serve Appellant with proper and appropriate notices; while the nursing facility is free to make another attempt, the nursing facility is strongly encouraged to review the applicable law and regulations quoted within this decision, and make sure that its notice, discharge planning, and paperwork prepared for hearing comply with all the regulatory law and the requirements given by the Board of Hearings.
Nursing facility’s notice simply does not comply with many requirements of Massachusetts law; nowhere in the notice is the specific name of the contact person at the facility given; the address of an appropriate legal services offices be given with such notice; nursing facility required to say how much time the Appellant has to request an appeal.
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.
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.