October 17, 2021

Volume XI, Number 290

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October 15, 2021

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Wisconsin DHS Releases Memo on Nursing Home Transfer and Discharge Protections

The Wisconsin Department of Health Services (DHS) Division of Quality Assurance (DQA) released on April 26 a memo to remind nursing home providers of the protections afforded to residents going through a transfer or discharge process. The memo clarifies the nursing home requirement for informing residents of their appeal rights to DHS.

DHS released a sample Discharge Notice and Notice Before Discharge with the memo. The documents, developed in coordination with the State of Wisconsin’s Board on Aging and Long Term Care, provide information regarding the contents and timing of the notice as well as directions for completing the Discharge Notice.

The memo and supporting documents outline the notice requirements:

  • Every facility is required to provide reasonable advanced written notice of any planned discharge to every resident;
  • With limited exceptions, written notice should be made at least 30 days before the resident is to be discharged;
  • The notice must state the reason for discharge, and the reason must meet restrictive state and federal rules regarding involuntary discharge;
  • The notice must state the location to which the resident is to be discharged because the nursing home may not involuntarily discharge a resident unless an alternative living arrangement is arranged;
  • The notice must state the effective date of discharge;
  • The notice must inform the resident of the right to appeal the discharge decision and explain how to appeal the decision. The nursing home may not discharge a resident, who has appropriately filed a written appeal, until after the DQA has completed its review and notified both the resident and facility of its decision; and
  • The notice must provide the contact information (i.e., name, address and phone number) for the nearest office of the DQA and for either the Ombudsman program (for residents over age 60) or Disability Rights Wisconsin.

To view the memo or its supporting attachments, please follow this link.

©2021 von Briesen & Roper, s.cNational Law Review, Volume I, Number 118
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About this Author

von Briesen & Roper’s Health Law Section provides comprehensive legal services to the health care industry nationwide as both general counsel and special project counsel. Our clients include integrated delivery systems, academic medical centers, community hospitals, Catholic-sponsored hospitals, rural and critical access hospitals, imaging centers, physicians and multi-specialty clinics, specialty hospitals, ancillary suppliers, home health agencies, nursing homes, hospices, assisted living facilities, mental health and AODA facilities, DME suppliers, laboratories,...

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